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On I-485, where it asks "Current USCIS status", what do I put if I have overstayed my B1/B2 visa?

San Francisco, CA |
Filed under: Immigration

I am getting married this month. My B1/B2 visa has expired. I will be filing my I-130 concurrent with my I-485. It asks for current USCIS status. I have a pending F2A petition (by my father). What do I i put under 'Current USCIS status'? Do I include the I-130 receipt from the USCIS while filing for my petition through my USC husband?

Attorney Answers 1


If you entered with a B1/B2 visa and overstayed, you are out of status. Some call this a “B1/B2 overstay”, although technically that is not a status. If your USC spouse is filing an I-130 petition for you, you do not need your father's I-130 unless it was filed prior to April 31, 2001 and you are seeking to be grandfathered under section 245(i) of the Immigration and Nationality Act, but why would you need to?

Take a look at the instructions for filling out the I-485 and follow them carefully. Make sure you include all the evidence requested. I have listed the link below. Good luck and congratulations on your upcoming nuptials!

My standard disclaimer: In responding to your inquiry, I am not offering legal advice. Do not assume the brief representation of your facts and circumstances is enough to provide you with legal advice. I am merely making suggestions for starting points for when you do speak with an attorney. Do NOT rely solely on anything I write and for further legal advise seek to consult with an attorney with whom you can meet and provide all relevant facts in your case.

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