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Husband here on B2 visa, which form do we file?

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  • Husband here on B2 visa, which form do we file?

    Hi, my husband was here from New Zealand for the last 11 months for a B2 visa. We recently got married after seeing each other for 9 months. His visa doesn’t expire until mid next year for the B2. When we file for his visa to stay here as an aliens relative, do we file I-485, Application to Register Permanent Residence or Adjust Status or the I-130, Petition for Alien Relative or both? If both, how does the filing fee work? Do we pay for each form? router login 192.168.l.l.link/
    Last edited by kulansu3; 08-17-2025, 02:27 PM.

  • #2
    Both. Yes, you guys pay the fee for each. $675 by paper (or $625 online) for I-130, and $1440 for I-485. He can also optionally file I-765 for EAD and I-131 for Advance Parole, and if he chooses to apply for them, each will have fees too ($260 for I-765 and $630 for I-131).

    When you say "His visa doesn’t expire until mid next year for the B2", what do you mean? If you are talking about the expiration date of the "visa" (i.e. a whole-page sticker in his passport that says "VISA" on it, which he got at a US consulate), that has no relevance to how long he can stay in the US. The visa's expiration date just means the last date he can use that visa to enter. How long he can stay in the US is determined by the I-94 he is granted on entry. People on B2 are usually admitted for 6 months. So he cannot possibly be maintaining B2 status for about 2 years, unless he got multiple Extensions of Stay approved (and B2 Extension of Stay can only be approved for at most 6 months each time, so there is no way he could have already been approved for extensions until "mid next year"). So I think you are misunderstanding something here. If he has not applied for a B2 Extension of Stay, he is almost certainly already out of status. He can still apply for Adjustment of Status with I-130 and I-485 if you are a US citizen, but he should be aware of the fact that he has been out of status for months. (Also, New Zealand citizens are usually eligible for the Visa Waiver Program, so why did he get a B2 visa?)

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

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