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I'm a US citizen. My mom came to USA on B2 visa and her I-94 expiring on 11/24/2023, I-130 is not yet approved, it says 3 more weeks on the status, mean time filed 485 on 10/10/2023, can she stay in US while waiting for the I-485 receipt? Usually how long is it taking nowadays to get the receipt? I believe she can stay once she gets the receipt number. What all options does she have if she doesn't receive the I-485 receipt? Should we file for an extension? Please help me here as her I-94 expiry is coming little over a month. Thanks in advance..
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Yes, she can and should stay in the US. Whenever the I-485 is received, she can stay in the US while the I-485 is pending. Although the I-485 will almost certainly be received before her status expires, it doesn't really matter if the I-485 is received before or after her status expires, because she is in the Immediate Relative category (spouse, parent, or unmarried under-21 children of a US citizen), and people in this category don't need to be in status to file I-485. She should NOT apply for B2 extension of stay, as that would involve her lying about her intention to leave.
This is my personal opinion and is not to be construed as legal advice. -
Thank you for detailed response, so much relief after seeing your response.Comment
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The check for the I-485 fee has been deposited and the money has been deducted from my account, so does it mean that all documentation is intact and everything looks good? or they just take the money before they verify the documents? I'm curious how long does it take to get the receipt after they cash in the check. Thanks in advance for the reply.Comment
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