Can I file I-485 for my spouse?

[Eddie45646]

Hey guys,

I got married to my spouse in 2019 in the USA. After that, I filed an I-130 petition for her in February 2020. Since then I have not yet heard from the USCIS except the receipt. I was a green card holder at the time of submitting I-130 for my wife. At that time she had a B-2 (Visitor visa) for 6 months of stay in the USA. I recently became a US citizen (about 1 month ago). She has overstayed her visitor visa now and we live together in the USA. Can I file I-485 under this category or any other category? If yes, what else do I need to submit with 485 other than its supporting documents?

P.S. When filing the 130 forms, we submit tons of documents such as lease agreement under our names, joint bank account, utility bills, pictures, etc.
Thank you so much

[newacct]

Yes, she can file I-485 now, with a copy of the I-130 receipt, and a copy of your certificate of naturalization, asking them to upgrade the category to the Immediate Relative category.

[Eddie45646]

Thank you, what do you exactly mean by upgrading the category? She is my wife and I believe we submitted I-130, it was considered as Immediate Relative Category.

[newacct]

The spouse of a US permanent resident is in the F2A category. The spouse of a US citizen is in the Immediate Relative category. When you filed the I-130, you provided evidence of your permanent residency, and they put it down as being in the F2A category. Since you have become a US citizen, the petition automatically changed to Immediate Relative category, but they don't know that, until you attach evidence of your US citizenship. It's important that they process it in the Immediate Relative category, because only the Immediate Relative category can file I-485 while out of status.

[Eddie45646]

Thank you for your explanation. When submitting I-485, how should I tell them to change the F2A category to the Immediate category? Do I have to write an additional letter about that?
I-485 requires me to choose the category that I need to submit? Do know what it is that? Like c(2), etc...

[newacct]

She can mention it in a cover letter (which is usually a good idea when you are including lots of forms with associated documents), and attach a copy of your Certificate of Naturalization. And in her I-485 Part 2, she would select: Family-based -> Immediate relative of a U.S. citizen, Form I-130

[Eddie45646]

Thank you very much

[Eddie45646]

• What supporting documents do we need to submit along with I-485?
• Since her B-2 visa has been expired, what would be her status? It's asking for proof of lawful status on the application.
• Should we also submit the sponsorship form?
• Can we also submit the I-765 form under c (9) so that she can get her work permit before the green card?
• Additionally, should we also submit any records that she has no criminal or police records both in the USA and her home country? We submitted those docs with I-130 form.

[newacct]

[*]What supporting documents do we need to submit along with I-485?

Read the I-485 instructions. Basically, the I-130 receipt, your certificate of naturalization (to upgrade her category), her I-94, copy of her ID, her birth certificate, 2 passport pictures, I-693 medical, I-864 Affidavit of Support.

[*]Since her B-2 visa has been expired, what would be her status?

Something like "B2 (expired)" or "B2 (out of status)" would be fine

It's asking for proof of lawful status on the application.

No it's not, not for the Immediate Relative category.

[*]Should we also submit the sponsorship form?

The I-864? Yes, the petitioner needs submit an I-864 for her I-485

[*]Can we also submit the I-765 form under c (9) so that she can get her work permit before the green card?

Yes. She should file I-765 for EAD and I-131 for Advance Parole. They are both free.

[*]Additionally, should we also submit any records that she has no criminal or police records both in the USA and her home country?

No