Tricky: AOS for F1 student with F2B is pending

[newacct]

If that is not possible, there is the option of filing an I-864A (read the instructions about this alternative), wherein your own income can be considered alongside that of your mother in determining the risks you pose of becoming a public charge. I initially planned to follow that route because in my family we basically support one another, and what I have to an extent is available to my mother (whom I support along with my elder brother; although he is her main provider).

I-864A does not need to be filed to count the intending immigrant's income, if there is only one intending immigrant.

However to qualify to file an I-864A (wherein you are stating that you are part of your mother's household and thus your income is available to her), you must atually live in the same house as she does, and/or be able to show you pay bills in her house etc. You must show that you have been living with her for at least six months; although a year or longer is more convincing.

The intending immigrant's income can be counted regardless of where the intending immigrant is living. But the intending immigrant's income must be from legally working in the US and the income will continue after immigrating.

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This is misleading. Yes, OP can file a new petition, but it will not toll the accrual of unlawful presence.

---> There's a policy against allowing "bridging", i.e. avoiding the accrual of unlawful presence by filing subsequent petitions. So, during your second petition you would be accruing that unlawful presence if you have no other status.

See: https://www.uscis.gov/ilink/docView/...tml#0-0-0-1917

"(vii) Nonimmigrants - Multiple Requests for EOS Or COS (?Bridge Filings?) and Its Effect on Unlawful Presence

The terms ?authorized status? (authorized period of admission or lawful status) and ?period of stay authorized by the Secretary of Homeland Security? are not interchangeable. They do not carry the same legal implications. See AFM Chapter 40.9.2(a)(2) . An alien may be in a period of stay authorized by the Secretary of Homeland Security but not in an authorized status.

An alien whose authorized status expires while a timely filed request for EOS or COS is pending, is in a period of stay authorized by the Secretary of Homeland Security. The alien does not accrue unlawful presence as long as the timely filed request is pending.

However, the filing of a request for EOS or COS does not put an individual into valid and authorized nonimmigrant status, i.e. he or she is not in authorized status. Therefore, if an individual has filed an initial application for EOS or COS and subsequently files additional (untimely) requests for EOS or COS, the subsequently filed request will not stop the individual from accruing unlawful presence, if the initial request is denied."

"Unlawful presence" is irrelevant to Adjustment of Status. Not sure why you are bringing up "unlawful presence" and stuff about Extension of Status/Change of Status (which nobody is doing on this thread).

Whether someone is out of status (or have ever been out of status in the past) is relevant to Adjustment of Status in some categories, but 1) being "out of status" and "unlawful presence" are very different things; you can be "out of status" and not accruing "unlawful presence", and 2) being out of status is irrelevant to Adjustment of Status in the Immediate Relative category (spouse, unmarried under-21 child, or parent of US citizen), which the OP is in when they are immigrating through their spouse.