Filing I-485 4 weeks before I-94 expires.

[jabber1]

Hi,
I am filing(mailing) for my parents GC (I-130 along with I-485) but their I-94 expires in about 4 weeks. I do not know how long will it take USCIS to acknowledge the receipt of the application. My question is If I do not get a receipt from USCIS in couple of weeks, should I go ahead and file for their extension? I wouldn't want them to be out of status which could work against their GC application? Please advise, thank you.

[Tibwa]

Hi,
I am filing(mailing) for my parents GC (I-130 along with I-485) but their I-94 expires in about 4 weeks. I do not know how long will it take USCIS to acknowledge the receipt of the application. My question is If I do not get a receipt from USCIS in couple of weeks, should I go ahead and file for their extension? I wouldn't want them to be out of status which could work against their GC application? Please advise, thank you.

Immigration has a basic fact you should always know. If you have something before you current paper is expired, you cannot be out of status until a decision a made. Same thing with the court system when you file an appeal

[jabber1]

Thank you for the response. A follow up on that, does it matter if I get an acknowledgement or not of the initial paper submission ?

[UScitizenFilingforspouse]

Hi,
I am filing(mailing) for my parents GC (I-130 along with I-485) but their I-94 expires in about 4 weeks. I do not know how long will it take USCIS to acknowledge the receipt of the application. My question is If I do not get a receipt from USCIS in couple of weeks, should I go ahead and file for their extension? I wouldn't want them to be out of status which could work against their GC application? Please advise, thank you.

I would file the I-130 online. I believe you get a digital NOA within a day or two. I would follow that up with filing the I-485 and any other forms. USCIS seems to be processing very quickly I-130s filed online. Up to you.

[newacct]

Even if their I-485 were filed after I-94 expires (for no matter how long), it wouldn't affect their I-485. So don't worry about the timing. They should definitely NOT apply for extension of status because that would require lying that they intend to leave, when they don't.

[jabber1]

Thank you for the response.