I-485 supplement needed?

[hiswife]

Hi there. My husband and I are filling out his I-130, I-485, etc. He came to the U.S. on the Visa Waiver Program, we decided to get married and now we would like him to stay. He has now overstayed his Visa Waiver. The I-485 supplement instructions state that if he has not maintained "lawful non-immigrant status" we need to submit the supplement, however, when reading through the form he meets none of the requirements for filing the supplement. Are we safe in not filing the supplement?

Thanks for any help!!

 

[ari4u]

Hi there. My husband and I are filling out his I-130, I-485, etc. He came to the U.S. on the Visa Waiver Program, we decided to get married and now we would like him to stay. He has now overstayed his Visa Waiver. The I-485 supplement instructions state that if he has not maintained "lawful non-immigrant status" we need to submit the supplement, however, when reading through the form he meets none of the requirements for filing the supplement. Are we safe in not filing the supplement?

Thanks for any help!!

I-485 supplement is not needed if you are applying to adjust status as the spouse of a U.S. citizen, and you were inspected and lawfully admitted to the United States.