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

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

    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.

  • #2
    File I-130 and I-485 concurrently. Don't worry about that extension of status.

    This is my personal opinion and is not to be construed as legal advice.

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