My mother came to US back in Nov 2019 and her I-94 will be expiring on May 26th 2020. I've applied for I-130 and I've received the receipt notice. At this point can I apply for I-539 - for extension of stay? I could apply for I-485-AOS but we don't have her birth certificate. We are trying to get Affidavits and Non availability certificates but it may take some time.
My questions:
1) As we have already applied for I-130, can we apply for extension of stay?
2) What happens to her status, if in case we haven't filed for I-485 before May 26th and her application for extension of stay got rejected (because of pending I-130 Application)?
3) Can we apply for I-485 without Non-availability of Birth certificate? Will the application be rejected? Or will I get a RFE to provide the documents?
4) Also, what happens to her status if I apply for I-485 and say for some reason they have to reject it? Will that be considered overstay?
TIA!!
My questions:
1) As we have already applied for I-130, can we apply for extension of stay?
2) What happens to her status, if in case we haven't filed for I-485 before May 26th and her application for extension of stay got rejected (because of pending I-130 Application)?
3) Can we apply for I-485 without Non-availability of Birth certificate? Will the application be rejected? Or will I get a RFE to provide the documents?
4) Also, what happens to her status if I apply for I-485 and say for some reason they have to reject it? Will that be considered overstay?
TIA!!
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