Question: Adjustment of Status based on I-130 for Visitor Visa Holder

[ising]

Dear Immi experts,
I have a quick question:
My mom is here on Visitor visa with valid I-94 until end of Jan.
We have applied for her I485 adjustment of status along with I-130 application.
Question is: if I-485 is still in process, does she has to leave the country before I94 expires if we dont apply for her extension ?
OR
She can not leave because I-485 is in process and her stay after I-94 expired will not be considered over stay since I-485 is in process.
OR
...any other

Much appreciate your help.

Thanks,
-IS

[deathrow2020]

Question: Adjustment of Status based on I-130 for Visitor Visa Holder

No, she is NOT required and/or obligated to leave the country based on the basis of the expiration of her form I-94. Trying to extend her non-immigrant status would be unnecessary, waste of time & money. Really smart you applied for her AOS before the expiration of her authorized stay as specified on her form I-94 (Arrival/Departure Record). Technically, her immigration status is now "AOS Pending", which supersedes the one on the I-94.

You provided very little information on your status (the petitioner filing form I-130 on behalf of their mother), but based on the forms that u mentioned, I assume you (the petitioner of the I-130 is a US Citizen).

If you are, then your mom's status changed from a non-immigrant visitor visa status to AOS Pending Status, because of the concurrent filing of both forms I-130 & I-485.

If u failed to (since you did not make mention of it), she can also apply for a work permit, popularly called EAD using form I-765 & travel document (popularly called Advance Parole - AP ), using form I-131 at no extra charge, since her AOS application (form I-485 is now pending with USCIS). The AP would enable her to return to the U.S after a temporary visit abroad, since her AOS application is pending. Both documents usually take approx. 3 months to process, so plan ahead of your travel.

[ising]

No, she is NOT required and/or obligated to leave the country based on the basis of the expiration of her form I-94. Trying to extend her non-immigrant status would be unnecessary, waste of time & money. Really smart you applied for her AOS before the expiration of her authorized stay as specified on her form I-94 (Arrival/Departure Record). Technically, her immigration status is now "AOS Pending", which supersedes the one on the I-94.

You provided very little information on your status (the petitioner filing form I-130 on behalf of their mother), but based on the forms that u mentioned, I assume you (the petitioner of the I-130 is a US Citizen).

If you are, then your mom's status changed from a non-immigrant visitor visa status to AOS Pending Status, because of the concurrent filing of both forms I-130 & I-485.

If u failed to (since you did not make mention of it), she can also apply for a work permit, popularly called EAD using form I-765 & travel document (popularly called Advance Parole - AP ), using form I-131 at no extra charge, since her AOS application (form I-485 is now pending with USCIS). The AP would enable her to return to the U.S after a temporary visit abroad, since her AOS application is pending. Both documents usually take approx. 3 months to process, so plan ahead of your travel.

Great Response. Very Helpful and to your questions - yes Petitioner is US Citizen. We are not looking for her EAD or work permit but in hte process to apply for AP:I-131. Thanks!

[deathrow2020]

Question: Adjustment of Status based on I-130 for Visitor Visa Holder

Sure, you're all set then. All the best.

[ising]

Sure, you're all set then. All the best.

Any idea how long does it take to get the approval and GC

[newusa2013]

Similar situation for my husband

Hello immi members,

I have a similar situation. I am a US Citizen.

My husband is not in the US right now, but has a valid 10-yr visitor visa.

Does he need to be in the US for me to apply for his i-130 with the i-485? or can he be outside the US as well but since he has a visitor visa I can apply directly?

I would appreciate your response and help.