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Mom should extend her stay while her I-130 in pending status?

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  • Mom should extend her stay while her I-130 in pending status?

    Hi, I'm a US citizen, my mom came to US on b1/b2 visa and I applied GC for her after she came US, the I-130 status show that the estimated time until case decision is 4 weeks, Her I-94 expires on Nov-24th, 2023. So my question is should I apply for an extension of her stay? or not required as GC is in pending status. Thanks for the reply in advance.

  • #2
    Did she file I-485 for Adjustment of Status? She should have filed I-485 with I-130, and if not, she should file it now. With a pending I-485, she can stay in the US as long as it is pending, regardless of whether she is in status or not. She should NOT apply for B2 extension of stay. Not only is it not necessary with a pending I-485 and a waste of money, but a B2 extension of stay requires a statement regarding her plans to leave which would be a lie.

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

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    • #3
      Thank you so much newacct for your quick reply, I didn't know that she can apply for 485 along with 130, so from your reply I understand that she can apply 485 while 130 is in pending status, i will apply for 485 for her now. Thanks so much again.

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      • #4
        Make sure to attach the I-130 receipt with the I-485, and enter the I-130 receipt number on the I-485 where it asks for it.

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

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        • #5
          Can I file I-485 online for my mom?

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          • #6
            I filed I-130 for my mom online, read somewhere that i can i file I-485 using same login, but I don't see I-485 in the drop down menu of the forms to file online. Thanks in advance for the response.

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            • #7
              Originally posted by snangunuri View Post
              Can I file I-485 online for my mom?
              No, I-485 cannot be filed online

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

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              • #8
                oh okay, may be we can file along with 1-130 online, since i filed i-130 already i think i can't file i-485 online, thanks for quick response.

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                • #9
                  Originally posted by snangunuri View Post
                  oh okay, may be we can file along with 1-130 online, since i filed i-130 already i think i can't file i-485 online, thanks for quick response.
                  I-485 can never be filed online, currently.

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

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                  • #10
                    Okay, thanks for answering my questions promptly. Really appreciate it.

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                    • #11
                      Should I file for I-864 along with I-485 if I am applying for my mom

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                      • #12
                        Originally posted by snangunuri View Post
                        Should I file for I-864 along with I-485 if I am applying for my mom
                        Yes, I-864 signed by the petitioner is a required document for I-485 for family-based immigrants. See the I-485 instructions.

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

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                        • #13
                          Thanks so much for your response, filed 485,131 and 864 successfully, 🤞

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