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Krystalthepistol

can you file i485 if your visa is expired

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I am just beginning the process (Literally today) for my husband who was born in mexico. our background - He entered lawfully on a tourist visa about 8 years ago to visit family and decided to stay. His visa has since expired. We married a year and a half ago and have a one year old child together. He still lives here and works. We have our lease and car in both our names, obviously a cut and dry real family lol.

I have read the faq and saw this topic touched on briefly so im sorry if this is slightly repetitive but I want to be sure I do this right.

My first question- On the I485 instructions (attached below) it says you are not eligible for the following reasons... and option 4 says you are not eligible for I485 if your authorized stay expired before the I485 was filed. also option 5 applies to us that he was employed without uscis permission. So do I just file an I130 and wait until they tell me what to do next, or is there a different process we need to go through in order to get his green card.

My next question- he has worked for about six years at his job full time. is his income eligible to be used on the I864 affadavit of support. (Keeping in mind that he is now here on an expired visa.) He has paid and filed taxes every year using his IT number.

Thank you!!

i-485instr.pdf

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usually people in your exact situation file the I-130 + the I-485 together.

The overstay is automagically forgiven when the green card is issued.


Sometimes my language usage seems confusing - please feel free to 'read it twice', just in case !
Ya know, you can find the answer to your question with the advanced search tool, when using a PC? Ditch the handphone, come back later on a PC, and try again.

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wonderful so we would do the "one step" procedure as directed on the site. Thank you.

Do you know about if we can use his income on the affadavit of support? If not I am about 2000$ under the income limit, we have a joint petitioner if needed but would rather not if its not necessary.

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sorry, i am unsure about beneficiary income inclusion on the I-864.


Sometimes my language usage seems confusing - please feel free to 'read it twice', just in case !
Ya know, you can find the answer to your question with the advanced search tool, when using a PC? Ditch the handphone, come back later on a PC, and try again.

-=-=-=-=-=R E A D ! ! !=-=-=-=-=-

Whoa Nelly ! Want NVC Info? see http://www.visajourney.com/wiki/index.php/NVC_Process

Congratulations on your approval ! We All Applaud your accomplishment with Most Wonderful Kissies !

2mzcunl.gif

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Your husband's income cannot be used on your I-864 since he is not working legally.

You would need to either obtain another job/a raise, or find someone willing to be a joint sponsor.


Widow/er AoS Guide | Have AoS questions? Read (some) answers here

 

AoS

Day 0 (4/23/12) Petitions mailed (I-360, I-485, I-765)
2 (4/25/12) Petitions delivered to Chicago Lockbox
11 (5/3/12) Received 3 paper NOAs
13 (5/5/12) Received biometrics appointment for 5/23
15 (5/7/12) Did an unpleasant walk-in biometrics in Fort Worth, TX
45 (6/7/12) Received email & text notification of an interview on 7/10
67 (6/29/12) EAD production ordered
77 (7/9/12) Received EAD
78 (7/10/12) Interview
100 (8/1/12) I-485 transferred to Vermont Service Centre
143 (9/13/12) Contacted DHS Ombudsman
268 (1/16/13) I-360, I-485 consolidated and transferred to Dallas
299 (2/16/13) Received second interview letter for 3/8
319 (3/8/13) Approved at interview
345 (4/3/13) I-360, I-485 formally approved; green card production ordered
353 (4/11/13) Received green card

 

Naturalisation

Day 0 (1/3/18) N-400 filed online

Day 6 (1/9/18) Walk-in biometrics in Fort Worth, TX

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