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URGENT: Question regarding filing I-130 and I-485 Concurrently

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  • URGENT: Question regarding filing I-130 and I-485 Concurrently

    Hello,

    I am filing I-130 (Petition for Alien Relative), I-485 (Adjustment of Status), G-325A (Biographic Info), I-693 (Medical Exam), I-864 (Affidavit of Support) for my wife.

    My wife and I were married in Hong Kong and had twins that were born in Hong Kong in 2014. She entered the U.S. with the Visa Waiver Program (ESTA)/WT with the expiration date of October 13th, 2015 (2 weeks from tomorrow). I will be submitting all the forms at the very latest October 2nd, 2015 (waiting for Medical Exam results) which gives about 10 days for USCIS to receive and accept.

    My question is, if I have submitted the forms and if for some reason USCIS does not accept until AFTER October 13th, will that affect my wife's petition (since she would be overstaying)? Thanks in advance!

    ps. I know I'm cutting it very close but due to certain circumstances I had to wait for the very last minute to apply

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