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I-485 Filed, I-94 Expiring Soon, No Receipt Yet

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  • I-485 Filed, I-94 Expiring Soon, No Receipt Yet

    Hi, all, followup question to some of my previous about I-130/I-485 for parents.

    I concurrently filed the I-130/I-485 last week (5 business days ago), UPS'd overnight and delivery confirmed. I still haven't gotten any G-1145 e-Notification for anything. My beneficiaries only have three weeks left on their I-94s. Should I prepare to have them leave the US if we don't get a receipt or acknowledgement from USCIS that they have accepted the applications? Is there AOS-pending status good as soon as the delivery is signed? Please help me not to panic.

  • #2
    Originally posted by ApplicantX View Post
    Hi, all, followup question to some of my previous about I-130/I-485 for parents.

    I concurrently filed the I-130/I-485 last week (5 business days ago), UPS'd overnight and delivery confirmed. I still haven't gotten any G-1145 e-Notification for anything. My beneficiaries only have three weeks left on their I-94s. Should I prepare to have them leave the US if we don't get a receipt or acknowledgement from USCIS that they have accepted the applications? Is there AOS-pending status good as soon as the delivery is signed? Please help me not to panic.
    No, they should not leave the US until they have AP or their green card. I-485 is pending as soon as USCIS officially receives it, which is no more than a day or two after it's delivered. And in any case, when they receive it is not relevant; it doesn't matter if I-485 is filed before or after their I-94 expires. Whenever USCIS receives it, you will eventually get a receipt, and that will prove they have a pending I-485. If for some reason you forgot to include some obvious document and the application gets rejected or something, they would still stay and re-file; again, whether they file before or after their I-94 expires makes no difference.

    This is my personal opinion and is not to be construed as legal advice.

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