I submitted an extension of stay for my mother's B2 visa in June 2007 and until now still don't have approval from INS. July 2007, i got my US citizenship so now i'm in the process of preparing I-130 and I-485 to petition my mother.

Is it okay to submit I-130 while we have a pending case of extension of stay for a B2 visa ?

I was planning to do this , please let me know if I will have a problem.

- submit I-30 and hopefully, new i-94, from approved extension of stay, arrives in the next few days.
- then submit i-485 with the new i-94 information

Please help.

thanks!!!!

If you are a US citizen and petitioning for your mother, you should file I-130 and I-485 concurrently. Once USCIS receives this, your mother will have legal status in the USA and will no longer need a B-2 extension. However note that you should submit both forms together to the Chicago Lockbox, which is the preferred method to submitting seperately.

You do not need an extension of stay.... you only need to file the I-130 and the AOS together to the Chicago lockbox, your mother will then be Adjustment Pending and will not require an extension of her B2....

Kez

MomGreencardVA,

Some speculation to add to Dr_LHA's factual information - if the USCIS is able to recognize that is has both the I-130 and the extension application, the extension application is sure to be denied. Any time between the expiration of the I-94 and the receipt of the I-485 will be time out of status, which could be a problem if it is more than 180 days and your mother needs to leave the country for some reason before her application to adjust status is approved.

Yodrak

I was gonna do concurrent filing but the problem with this is that I don't have a copy of her I-94 which is a required evidence for the I-485. We sent both the original I-94 and photocopy to the I-539 (extension of stay) application. Big mistake i know, should have kept a copy of the I-94. =( This is the reason why i was thinking of sending the I-130 first.

Can I still send I-485 application without the I-94 photocopy ? I do know the details of her I-94 though.


My other option is to just wait for her extension of stay, thus, we get new I-94. Then concurrent filing of I-130 and I-485. IN this way also, we avoid the out of status risk that Yodrak mentioned. My mom's original i-94 will expire in the next 23 days.


thanks so much for the replies, I appreciate it.

File now for both the I-130 and the AOS and include a letter saying where the I-94 is and that you will bring it to the interview... dont wait.. if you file before the expiry of the I-94 then she will have no out of status time...

Kez

Correct me if I am wrong!!!!
A B2 is a visitors/tourist visa and requires the holder to prove that he is going to return home, that they have no intention of staying in the US. The visa application requires the applicant to sign that they WILL return home. They must prove to the embassy officer that they have strong ties to their home country. The purpose of the visa is to visit not to immigrate.
The I-130 is in opposition to the declared intent on the visitors visa application!!! The I-130 is for the express intent to immigrate, not to return to their home country!
The extension to stay will not be approved if you file the I-130 while the visitor is in the states. The visitor must return the I-94 when departing the states. Not only will it not be approved but a "fraud intent" could be declared based upon the visitors application. PLEASE check with a GOOD attorney before you file the I-130!!!!
I am not an attorney, but there are cases such as this being reported every month on, "Citizen Pinoy" and the advice from their attorney is always the same. Check out their website or watch their show each week when they answer immigration questions on the Filipino channel.
A B-1 visa or temporary employment visa can be active, the holder is in the states, while a A O s is filed, a visitors visa can not be active, that is the holder of the visitors visa can NOT be in the states at that time as a visitor.
I hope that I am wrong, but please check on this before doing anything.

There are 100's of US Citizen adult children who file for a parent who has been admitted on a VWP/tourist visa and because of something that has happened they wish to stay here in the US.... USCIS allow for situations like this and there is nothing wrong with filing an I-130 and AOS together.... now if someone was on here asking if they get a tourist visa for their mom so that she can come here to stay and do AOS then that might be different... but the OP's parent is here and now wishes to stay and because the parent is an immediate relative a visa number is available immediately as long as they were inspected at POE they can file to adjust status and be approved for a Greencard....

Kez