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My husband's and my B2 visas expire on May 11. My approved green card application (filed by my mom), priority date is July 25, 2003 on the approval notice. Visa bulletin for April 2014 that was just released shows the F3 category date is July 15, 2003. Can we file the I-485 in April or wait till May (when hopefully our date becomes current)? Also, since our B2 expires on May 11, should we request an extension of our B2 or just let it expire taking for granted that our I-485 will be approved? If we should request the B2 extension, should we do it now or wait till May 1st week? Once we file the I-485, do we need a visa to stay in the US? I understand that if our I-485 is denied by USCIS, we cannot stay in the US - then we plan to leave. We don't want to live in the US illegally.
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Do not file the I-485 until your Priority Date is current. Once the I-485 is accepted, you are in a "protected" mode and don't need an extension. I recently completed one just like this for which the beneficiary had been waiting in the U.S. for 9 years. The first time we submitted the I-485, however, the Priority Date was not current, though we had received the NVC paperwork to begin the payment of NVC fees. Our first I-485 submittal was rejected and returned. It took another year until the Priority Date was one month past "clear."
--Ray B
Originally posted by gcvisa View Post
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