Can my spouse stay in the US while I file the I-130 and I-485 concurrently?

[OHbucks]

I am a US citizen, married in Costa Rica 6 years ago to a citizen of Costa Rica, and have lived in Costa Rica for 7 years. This year we visited family in the US and I was offered and accepted a job. My wife returned to Costa Rica and came back to the US 2 months later to visit on her travel visa (B1/B2 I think). She has been here for 3 months and has decided that she would like to stay in the US with me. I am preparing to file the I-130 and I-485 concurrently this week. When she came to visit 3 months ago it was not her intent to stay in the US and I believe that according to her visa her trip could only be for 6 months. If I submit the concurrently can she remain in the US with me while it is being processed? I believe that it will take around 6 months for her Green Card to be issued, which would be outside of her tourist visa window.

[rayb]

Ohbucks,

Once you submit your wife's I-130 and I-485 packages, with fees and supporting documents, and they are accepted by USCIS, your wife is in a "protected" mode during the processing. Her subsequent B2 expiration will not matter. But if she leaves the U.S. during processing, all bets are off, as she might not be allowed to reenter, her B2 visa may be cancelled, and she may be considered a prior-visa overstay.

--Ray B

I am a US citizen, married in Costa Rica 6 years ago to a citizen of Costa Rica, and have lived in Costa Rica for 7 years. This year we visited family in the US and I was offered and accepted a job. My wife returned to Costa Rica and came back to the US 2 months later to visit on her travel visa (B1/B2 I think). She has been here for 3 months and has decided that she would like to stay in the US with me. I am preparing to file the I-130 and I-485 concurrently this week. When she came to visit 3 months ago it was not her intent to stay in the US and I believe that according to her visa her trip could only be for 6 months. If I submit the concurrently can she remain in the US with me while it is being processed? I believe that it will take around 6 months for her Green Card to be issued, which would be outside of her tourist visa window.

[OHbucks]

Supporting Documents

Ohbucks,

Once you submit your wife's I-130 and I-485 packages, with fees and supporting documents, and they are accepted by USCIS, your wife is in a "protected" mode during the processing. Her subsequent B2 expiration will not matter. But if she leaves the U.S. during processing, all bets are off, as she might not be allowed to reenter, her B2 visa may be cancelled, and she may be considered a prior-visa overstay.

--Ray B

Great, appreciated! I'd like to get confirmation on the supporting documents for the concurrent filing. I understand I need to include the I-130, I-485, I-693, I-864, G-325a for myself and spouse, translated birth certificate, translated marriage license, translation affidavit, passport type photos of each of us. Anything else I may be missing??

I may also need supporting documents for the I-864 as I have not filed tax returns for the last 3 years. I plan on including my most recent pay stub, my job offer letter, and a letter from the company President stating how much I should earn each of the next three years. Should this suffice?

[rayb]

Ohbucks,

You need to have someone work directly with you and to review your documents. Just listing what you need to include doesn't do justice to the requirements of a visa conversion package. From the questions you are asking I suspect you are trying to do this "on the fly" and there is too great a risk of multiple "Requests for Evidence" if you don't have a clear understanding of the package content and evdience requirements. Contact me privately or email me at

You must include at least the most recent year Federal income tax return, with W2 and employment verification. paystubs and job offer letter aren't enough. If you don't have proof of working for the last 3 months or so, you should probably consider getting a co-sponsor.

--Ray B

Great, appreciated! I'd like to get confirmation on the supporting documents for the concurrent filing. I understand I need to include the I-130, I-485, I-693, I-864, G-325a for myself and spouse, translated birth certificate, translated marriage license, translation affidavit, passport type photos of each of us. Anything else I may be missing??

I may also need supporting documents for the I-864 as I have not filed tax returns for the last 3 years. I plan on including my most recent pay stub, my job offer letter, and a letter from the company President stating how much I should earn each of the next three years. Should this suffice?

[marcovida77]

Can my spouse stay in the US while I file the I-130 and I-485 concurrently?

I agree with Ray there are a lot of documents that need to be filed with the petitions. It's not worth the risk to file everything with so much at stake

[mri485]

Did it work out?

Ohbucks,

I am exactly in your same situation. I married 3 years ago to a Brazilian woman. I am a US citizen. she has a tourist visa. We now reside in Brazil.
I thought we could come in the USA and then, if we decided to stay we could then file a I-130+I-485 and wait for the green card in the USA instead of in Brazil.

But I consulted a lawyer who told me that the I-485 is only to change the status of a fiance (among other people), who came with a finace visa, but not of a spouse.
It seems that if you got married outside the USA then you have to file the I-130 outside too...

Was he wrong? I hope so...

[rayb]

Ohbucks,

Your attorney may have misunderstood your question. The I-485 can be used to convert status to Pemanent Resident or entrants with most any kind of visa (B2, F1, Visa Waiver, etc.) so long as the petitioner has or is submitting an I-130 at the same time and the petitoner is a U.S. citizen.