What happens if B1 / I94 exit date comes before I-130 / I-485 gets approved?

[rockyrajv]

I plan to do concurrent filing of a family based GC for my mom. She is in US now and will return to her home country by Dec 7, 2015.

I would like to know what happens if the I130 and I485 are not approved by her exit date?
Does she need to travel back to her home country by I-94 exit date?
If the EAD gets approved post Dec 7 then is she still eligible to travel back to US and stamp it? (she got valid visitors visa till 2018)

Anyone else who faced similar situation and can share possible challenges and options going forward.

[jnk]

She doesn't need to leave US once you filed I130 and I485 for her.

[rockyrajv]

Thanks and appreciate your response. Did you face this situation in your case or you read it somewhere? Is there a USCIS webpage where i can read about it more? (sorry for asking these Qs: just want to be 95% sure if not 100% before i take the plunge of submitting her papers)

[Nunez]

I plan to do concurrent filing of a family based GC for my mom. She is in US now and will return to her home country by Dec 7, 2015.

I would like to know what happens if the I130 and I485 are not approved by her exit date?
Does she need to travel back to her home country by I-94 exit date?
If the EAD gets approved post Dec 7 then is she still eligible to travel back to US and stamp it? (she got valid visitors visa till 2018)

Anyone else who faced similar situation and can share possible challenges and options going forward.

There shouldn't be a problem of approval if you fill out the forms the right way.

But...

Your mother has two options..

The forms you would need to fill out if she doesn't leave the U.S.:
*Option 1*

I-130 -- $420 (money order)
I-G35A (one for the petitioner & one for the beneficiary)
I-485 -- $1,070 (money order)
I-864
I-765


The forms you would need to fill out if she leaves the U.S.:
*Option 2*

I-130 -- $420 (money order)
I-G35A (one for the petitioner & one for the beneficiary)
I-864
DS-260

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Its pretty simple...If she stays you spend more money. If she leaves & you do the petition while she's overseas you don't spend as much. Either way the wait period is the same.

[rockyrajv]

Thank you, Nunez for the information shared.

[rockyrajv]

There shouldn't be a problem of approval if you fill out the forms the right way.

But...

Your mother has two options..

The forms you would need to fill out if she doesn't leave the U.S.:
*Option 1*

I-130 -- $420 (money order)
I-G35A (one for the petitioner & one for the beneficiary)
I-485 -- $1,070 (money order)
I-864
I-765


The forms you would need to fill out if she leaves the U.S.:
*Option 2*

I-130 -- $420 (money order)
I-G35A (one for the petitioner & one for the beneficiary)
I-864
DS-260

---------------------------------------------------------------------------

Its pretty simple...If she stays you spend more money. If she leaves & you do the petition while she's overseas you don't spend as much. Either way the wait period is the same.

I planned to file for her GC using two steps. But I am not sure why you said DS-260 to be also filled? I dont see it anywhere to be submitted on the USCIS website. Will appreciate your response.

[ranga110]

I130 application and stay beyond I94 date

I have the same question as rockkyrajv.

What if I did not receieve the receipt for I-130 before the I94 expiry date? Can she still stay in the US legally (she is now on a B2 in the US and is staying with me)

Thanks,

[rockyrajv]

Pl don't take my advice as legal as a i am just sharing what I plan to do.

I plan to do only Step 1 processing of GC for my mom. She goes back to her home country and once she is back in US again then i plan to file for Step 2.

If you want ur mom to stay in US then apply both but be careful of rejections (if u are very close to I-94 or B2 visit end date). In any case they will send ur money back and suggest to apply later etc. Again at your discretion.

The docs to be submitted for step 1:
• 2 passport photos
• Check in the amount of $ 420 for I-130 & Form I-130, Petition for Alien Relative
Birth certificate of Petitioner
Naturalization certification of Petitioner
Passport of Petitioner
Affidavit of Marriage of Beneficiary
Death Certificate of spouse of Beneficiary
Passport of Beneficiary
I-94 of Beneficiary
Birth certificate of Beneficiary
• G-325A Biographic Information
Birth certificate of applicant
Passport of applicant
I-94 of applicant
• I-864 Affidavit of Support
Copy of tax return of sponsor