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Applying for spouse, who entered legally, but overstayed, do I have to submit I-765 and/or I-131 with I-130 and I 485, too?

Albany, NY |

Already consulted lawyer about overstay not being problem..

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Attorney answers 3

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Yes, you will need to submit an I-130 with G-325A's, and I-485, and I-864 and a medical exam. The I-765 is optional, but you should do that as well for two reasons: first, it's free; second, you will get the EAD before your adjustment interview which will allow your spouse to get a social security number and state identification. You can then use the social security number to start doing things like obtaining joint car insurance and financial accounts (things the interviewing officer will ultimately want to see). The I-131 is also free and optional but I don't recommend doing that for the same reasons my colleague suggested. Plus, absent an absolutely emergency, there is no reason to travel during the next few months while this process is going on. I strongly recommend hiring a qualified immigration lawyer to help you with this process. This is one of the most important things you and your wife will do, and sometimes, it is reassuring to have a trained professional take care of all the details for you, handle any contingent issues that arise, and prepare you for the ultimate adjustment interview. Best of luck to you and your spouse.


Yes, the whole package of forms, including the Affidavit of Support and the Biographical Form for each one of you (which I don't see in your list) need to be submitted at the same time, as well as the medical exam results. Be careful with the I-131 and do NOT submit it if spouse's overstay is (or approaching) the 6 months mark, or exceeds 6 months.

Behar Intl. Counsel 619.234.5962 Kindly be advised that the answer above is only general in nature cannot be construed as legal advice, given that not enough facts are known. It is your responsibility to retain a lawyer to analyze the facts specific to your particular situation in order to give you specific advice. Specific answers will require cognizance of all pertinent facts about your case. Any answers offered on Avvo are of a general nature only, and are not meant to create an attorney-client relationship.


Submit an I-765 if you wish, but not an I-131.

(213) 394-4554 x0 Mr. Shusterman is a former INS Trial Attorney (1976-82) with over 35 years of immigration experience. His response to your question is general in nature, as not all the facts are known to him. You should retain an attorney experienced in immigration law to review all the facts in your case in order to receive advice specific to your case. Mr. Shusterman's statement above does not create an attorney/client relationship.