Jump to content
agmehta

Is my wife allowed to stay till I485 pending?

By agmehta in Adjustment of Status from Work, Student, & Tourist Visas

 Share

8 posts in this topic

Recommended Posts

agmehta Explorer

agmehta   1

Posted
Filed: Other Country: India
 Timeline
Posted

All,

Pls advise if my wife is allowed to stay in US as her i485 paperwork is in process. I just got USCIS confirmation email for receipt of all 3 forms 485 765 131. It also mentions that I797 will be posted soon and that I should look at uscis website for further status updates.

My wife visitor visa stamp i94 expires on 22nov. But today oct 29th I got acceptance of the above forms so is she allowed to stay back or should I call usics if they can extend her stay beyond 22nd nov if possible?

I did not get NO2 acceptance yet though. Please look at my signature for timeline

Thank You

Anand

--------------------------------------------------------------

  1. Category F2A- India
  2. PD 12/30/2014 F2A 130
  3. Service Center: VSC
  4. 01/5/2015 : I-130 NOA1 -5th Jan 2015
  5. 8/27/2015: I-130 File transferred to CSC-27th Aug 2015
  6. 09/28/2015: I-130 NOA2 case approved-28th Sep 2015
  7. 10/23/2015: Requested USCIS to allow applicant to adjust Status in the US-Oct 23 2015 instead of Consular processing. Currently applicant on tourist visa B2- 10/23/2015
  8. 10/29/2015: USCIS Acceptance Confirmation Email for I485 765 131 Forms received-10/29/2015
  9. 11/3/2015: Received hard copies of NOA1 for i485 765 131
  10. 11/6/2015 Got Biometrics Appointment letter
  11. 11/17/2015 -Completed Biometrics
  12. 12/22/2015- Initial RFE for Birth Certificate- uscis asking to submit non availability BC.
  13. 01/03/2016- EAD/AP Card Approved.
  14. 01/05/2016- Received EAD/AP Card in Post
  15. 1/12/2016- Submitting Birth certificate
teeak Proficient

teeak   224

Posted
Filed: FB-2 Visa Country: Bangladesh
 Timeline
Posted

Yes, as long as she has a pending I-485, she is authorized to stay in the US.

The I-797 notice will serve as proof of this.

F2B

(Helping aunt with cousin's petition)

01/02/2011: PD (Priority Date)
01/04/2011: I-130 NOA1

02/16/2011: I-130 NOA2

08/04/2016: Received DS-261/AOS Bill

08/06/2016: Completed DS-261/Paid AOS Bill

08/16/2016: Received IV Bill

10/11/2016: Submitted AOS/IV documentation

10/11/2016: Paid IV fee bill

10/14/2016: Submitted DS-260

agmehta Explorer

agmehta   1

Posted
Filed: Other Country: India
 Timeline
  • Author
Posted

I am a LPR.

Thank You

Anand

--------------------------------------------------------------

  1. Category F2A- India
  2. PD 12/30/2014 F2A 130
  3. Service Center: VSC
  4. 01/5/2015 : I-130 NOA1 -5th Jan 2015
  5. 8/27/2015: I-130 File transferred to CSC-27th Aug 2015
  6. 09/28/2015: I-130 NOA2 case approved-28th Sep 2015
  7. 10/23/2015: Requested USCIS to allow applicant to adjust Status in the US-Oct 23 2015 instead of Consular processing. Currently applicant on tourist visa B2- 10/23/2015
  8. 10/29/2015: USCIS Acceptance Confirmation Email for I485 765 131 Forms received-10/29/2015
  9. 11/3/2015: Received hard copies of NOA1 for i485 765 131
  10. 11/6/2015 Got Biometrics Appointment letter
  11. 11/17/2015 -Completed Biometrics
  12. 12/22/2015- Initial RFE for Birth Certificate- uscis asking to submit non availability BC.
  13. 01/03/2016- EAD/AP Card Approved.
  14. 01/05/2016- Received EAD/AP Card in Post
  15. 1/12/2016- Submitting Birth certificate
Hypnos Grand Master

Hypnos   6,579

Posted
Filed: Citizen (apr) Country: United Kingdom
 Timeline
Posted

Not only can she stay, she must stay.

You being an LPR or US citizen makes no difference. Since your wife's I-485 has been accepted for processing by USCIS prior to her I-94 expiring then she is considered to be in a period of authorised stay until her I-485 is finally adjudicated. She will not incur any overstay, even with you being an LPR.

Widow/er AoS Guide | Have AoS questions? Read (some) answers here

 

AoS

Day 0 (4/23/12) Petitions mailed (I-360, I-485, I-765)
2 (4/25/12) Petitions delivered to Chicago Lockbox
11 (5/3/12) Received 3 paper NOAs
13 (5/5/12) Received biometrics appointment for 5/23
15 (5/7/12) Did an unpleasant walk-in biometrics in Fort Worth, TX
45 (6/7/12) Received email & text notification of an interview on 7/10
67 (6/29/12) EAD production ordered
77 (7/9/12) Received EAD
78 (7/10/12) Interview
100 (8/1/12) I-485 transferred to Vermont Service Centre
143 (9/13/12) Contacted DHS Ombudsman
268 (1/16/13) I-360, I-485 consolidated and transferred to Dallas
299 (2/16/13) Received second interview letter for 3/8
319 (3/8/13) Approved at interview
345 (4/3/13) I-360, I-485 formally approved; green card production ordered
353 (4/11/13) Received green card

 

Naturalisation

Day 0 (1/3/18) N-400 filed online

Day 6 (1/9/18) Walk-in biometrics in Fort Worth, TX

Day 341 (12/10/18) Interview was scheduled for 1/14/19

Day 376 (1/14/19) Interview

Day 385 (1/23/19) Denied

Day 400 (2/7/19) Denial revoked; N-400 approved; oath ceremony set for 2/14/19

Day 407 (2/14/19) Oath ceremony in Dallas, TX

agmehta Explorer

agmehta   1

Posted
Filed: Other Country: India
 Timeline
  • Author
Posted (edited)

Thank you aaron & hypnos. I was just curious if it is fine to submit the I693 medical form later during the interview. The only reason I did not submit it with my aos application was because I was not sure if USCIS will accept my i485. I had mentioned it in cover letter that I will submit the I693 medical form later during the interview along with other original documentation. Hope I don't get RFE for not sending the i693

Edited by agmehta

Thank You

Anand

--------------------------------------------------------------

  1. Category F2A- India
  2. PD 12/30/2014 F2A 130
  3. Service Center: VSC
  4. 01/5/2015 : I-130 NOA1 -5th Jan 2015
  5. 8/27/2015: I-130 File transferred to CSC-27th Aug 2015
  6. 09/28/2015: I-130 NOA2 case approved-28th Sep 2015
  7. 10/23/2015: Requested USCIS to allow applicant to adjust Status in the US-Oct 23 2015 instead of Consular processing. Currently applicant on tourist visa B2- 10/23/2015
  8. 10/29/2015: USCIS Acceptance Confirmation Email for I485 765 131 Forms received-10/29/2015
  9. 11/3/2015: Received hard copies of NOA1 for i485 765 131
  10. 11/6/2015 Got Biometrics Appointment letter
  11. 11/17/2015 -Completed Biometrics
  12. 12/22/2015- Initial RFE for Birth Certificate- uscis asking to submit non availability BC.
  13. 01/03/2016- EAD/AP Card Approved.
  14. 01/05/2016- Received EAD/AP Card in Post
  15. 1/12/2016- Submitting Birth certificate
Hypnos Grand Master

Hypnos   6,579

Posted
Filed: Citizen (apr) Country: United Kingdom
 Timeline
Posted

Sending the I-693 later is fine; in fact it would be recommended, since your wife is likely going to be waiting for some time and they only have a validity of one year, so it makes sense to wait, or even just to bring it to the interview (if you receive no RFE for it).

Widow/er AoS Guide | Have AoS questions? Read (some) answers here

 

AoS

Day 0 (4/23/12) Petitions mailed (I-360, I-485, I-765)
2 (4/25/12) Petitions delivered to Chicago Lockbox
11 (5/3/12) Received 3 paper NOAs
13 (5/5/12) Received biometrics appointment for 5/23
15 (5/7/12) Did an unpleasant walk-in biometrics in Fort Worth, TX
45 (6/7/12) Received email & text notification of an interview on 7/10
67 (6/29/12) EAD production ordered
77 (7/9/12) Received EAD
78 (7/10/12) Interview
100 (8/1/12) I-485 transferred to Vermont Service Centre
143 (9/13/12) Contacted DHS Ombudsman
268 (1/16/13) I-360, I-485 consolidated and transferred to Dallas
299 (2/16/13) Received second interview letter for 3/8
319 (3/8/13) Approved at interview
345 (4/3/13) I-360, I-485 formally approved; green card production ordered
353 (4/11/13) Received green card

 

Naturalisation

Day 0 (1/3/18) N-400 filed online

Day 6 (1/9/18) Walk-in biometrics in Fort Worth, TX

Day 341 (12/10/18) Interview was scheduled for 1/14/19

Day 376 (1/14/19) Interview

Day 385 (1/23/19) Denied

Day 400 (2/7/19) Denial revoked; N-400 approved; oath ceremony set for 2/14/19

Day 407 (2/14/19) Oath ceremony in Dallas, TX

 
Didn't find the answer you were looking for? Ask our VJ Immigration Lawyers.

Create an account or sign in to comment

You need to be a member in order to leave a comment

Create an account

Sign up for a new account in our community. It's easy!

Register a new account

Sign in

Already have an account? Sign in here.

Sign In Now
 Share
Go to topic listing
- Back to Top -

Important Disclaimer: Please read carefully the Visajourney.com Terms of Service. If you do not agree to the Terms of Service you should not access or view any page (including this page) on VisaJourney.com. Answers and comments provided on Visajourney.com Forums are general information, and are not intended to substitute for informed professional medical, psychiatric, psychological, tax, legal, investment, accounting, or other professional advice. Visajourney.com does not endorse, and expressly disclaims liability for any product, manufacturer, distributor, service or service provider mentioned or any opinion expressed in answers or comments. VisaJourney.com does not condone immigration fraud in any way, shape or manner. VisaJourney.com recommends that if any member or user knows directly of someone involved in fraudulent or illegal activity, that they report such activity directly to the Department of Homeland Security, Immigration and Customs Enforcement. You can contact ICE via email at Immigration.Reply@dhs.gov or you can telephone ICE at 1-866-347-2423. All reported threads/posts containing reference to immigration fraud or illegal activities will be removed from this board. If you feel that you have found inappropriate content, please let us know by contacting us here with a url link to that content. Thank you.
“;}
×
×
  • Create New...