M1 visa AOS

[lopezkoa 0]

I’m a US citizen and recently got married to a foreigner on an M1 visa and we are already both living in the US. Her Visa expires in October. If I apply for I-130 and wait for approval, I am worried that her M1 visa will be expired before it is approved.
 

Is it possible that immigration can waive her overstay given the pending I-130 application? Or do I need to apply for both I-130 and I-485 at the same time so she can overstay pending AOS of green card application?  
 

Is it possible to send Form I-130, 485, 765, 864 and 131, in the same packet or do I need to do them separately to different addresses?  
 

The reason I’m confused is because on the Direct Filing addresses for Form I-130 alone it says to send it to Phoenix Lockbox but it says if filing I-130 with I-485, send it to Chicago Lockbox. 

[Chancy 6,233]

20 hours ago, lopezkoa said:

Is it possible that immigration can waive her overstay given the pending I-130 application? Or do I need to apply for both I-130 and I-485 at the same time so she can overstay pending AOS of green card application?  

 

There is no waiver of overstay, even if your wife files I-485.  When she does file I-485 for AOS, she will be authorized to stay (though out of status) in the US while her AOS is pending.

 

File the I-130 and I-485 at the same time.  Send to the I-485 filing address, ie. Chicago or Phoenix lockbox, depending on your state of residence -- https://www.uscis.gov/forms/all-forms/direct-filing-addresses-for-form-i-485-application-to-register-permanent-residence-or-adjust-status