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Adjustment of status while in the US (I130 + I485 concurrent file)

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  • Adjustment of status while in the US (I130 + I485 concurrent file)

    We have done concurrent I130 and I485 filing for my mother in law who is in the US on B2 visa.
    1. In the meantime, we need to extend her stay in the US for a few days beyond her eligibility through her B2 entry. Do we need to file anything with USCIS regarding that?
    2. She needs to travel back to India in June. Assuming that her I485 application will not be approved by then based on current processing times, do we need to apply for AP for her? What is the process for that and how long does that take to come through?
    Thanks for your help.

  • #2
    I guess your spouse is a US citizen, then (1) you should not file any form to extend her stay. Doing AOS allows the applicant to stay in the USA.

    (2) you can file I-131 to get an AP either together with the I-485 or after with the I-485 receipt. Most likely (if you didn't send the documents several months ago) the AOS will not be done by June nor the AP will be approved by then. If your mother in law travels to India without GC or AP then the AOS will end and she will need to do consular processing in India.
    Nov 2018 - Package sent - EB - Texas Service Center
    Day 1 - Package received at the lockbox
    Day 999 - Card delivered to me - Aug 2021
    ---
    All my posts are based on my experience or information I read on the forums or the USCIS website. I may be wrong. Please consult a professional.

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