Question about to apply my spouse from B1/B2 Visa to permanent residence

[dk747]

I would like to apply my spouse to permanent residence but when I saw the instruction about the I-485 application, she was overstay from her legal entry date, anybody know which form or procedure I should made for her application ? Thanks for help !!!!!

 

[newacct]

Are you a U.S. citizen or permanent resident?

 

[dk747]

Are you a U.S. citizen or permanent resident?

Yes, I am US citizen

 

[Triple Citizen]

In that case, combo of I-130/I-485 is what is needed. She can file an I-765 as well. Depending on how long has she overstayed, she may also file an I-131.

Yes, I am US citizen

 

[dk747]

she overstay around six month, so i only need I-130 and I-485 if I not need to get the I-131 or I-765 for her?

 

[dhlunar]

she overstay around six month, so i only need I-130 and I-485 if I not need to get the I-131 or I-765 for her?

The I-130 is the petition from the US Citizen to start the process. The I-485 is the application for permanent resident status. There are supplemental forms that are required and need to be included with the I-130/I-485 package. The required forms are listed in the instructions for the forms.

The I-131 allows Advance Parole when approved which means the applicant is allowed to travel outside the US while their I-485 is pending. However, because of the overstay travel outside of the US is not advised. The I-765 is an application for an employment authorization document to allow the applicant to work after the EAD has been issued and while the I-485 is pending.

When filling the I-131 and I-765 with an I-485 there is no additional application fees. (Only need to pay the I-130 and I-485 fees.)