Can my husband who is a U.S citizem I-130 while waiting for approval from I-

[Cherbz86]

I arrived in the U.S in October of 2016 on a B1 B2 visa. At the POE i was give a two months stay. The purpose of my trip was basically to deal with some SSI for my daughter which ran past my two months. I filed form I-539 a month before my I-94 expired.

My husband and I got married in March of 2017. I must add he is a U.S citizen. A month later i received a letter from USCIS stating that they needed more evidence for my 1-539 which i sent in.

My question is can my husband start filing form 1-130 while waiting for a response for approval or denial of my adjustment of status.

[newacct]

File I-130 and I-485 concurrently. Don't worry about that extension of status.