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Need advise ASAP on family-based petition

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  • Need advise ASAP on family-based petition

    Me and my wife will be taking our oath taking for citizenship this coming July 27. My wife will be petitioning her parents after we get our certificate using I-130. Her mom and dad will be filing I-485 to change status simultaneously/concurrently with my wife. However, their I-94 will expire about 4 days (July 31). Should we file for extension of stay I-539 OR should they just proceed with I-485 (change of status) hoping they would let them stay indefinitely while it is still in process? Will her parents be considered unauthorized to stay after the I-94 expires, even when the forms were already submitted prior to the expiry date?

  • #2
    They should definitely NOT apply for B2 extension of stay. That would require them to attach a statement which explains what plans they have made to leave, which would be a lie since they plan to stay.

    They can file I-485 either before or after their status expires. It doesn't make a difference to their I-485 either way. They can stay while their I-485 is pending.

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

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