I-94 validity while processing I-485

[zojoe 0]

I am currently in the US and I intend to lodge Form I-485 to change my status from a B2 Tourist Visa to the Diversity Lottery Visa.

My question is if my I-94 Arrival/Departure record is due to expire during the time that the I-485 is being processed, does this mean that the application will be rejected?

I only have a matter of days on the I-94 and I am hoping that if the I-485 is received before the expiry it will mean I am eligible to remain in the US while it's processed.

[Georgia16 2,858]

I am currently in the US and I intend to lodge Form I-485 to change my status from a B2 Tourist Visa to the Diversity Lottery Visa.

My question is if my I-94 Arrival/Departure record is due to expire during the time that the I-485 is being processed, does this mean that the application will be rejected?

I only have a matter of days on the I-94 and I am hoping that if the I-485 is received before the expiry it will mean I am eligible to remain in the US while it's processed.

You arrived on a B2 and are adjusting based on marriage, the Lottery was a mistake right?

When they have your I-485 then you are legal to stay while being processed.

[zojoe 0]

I arrived on a B2 and I'm adjusting with the I-485 based on being accepted to the Diversity Visa Lottery

[SusieQQQ 11,584]

I arrived on a B2 and I'm adjusting with the I-485 based on being accepted to the Diversity Visa Lottery

i

Did you know you had been selected in the lottery before you arrived on the B2 visa?

If so it will be pretty difficult to show you did not have immigrant intent when you entered on your B2.

Also, is your number current for October or November? If it's not, you can't submit your I485 yet (or rather, you can send it if course, but your petition will be denied for filing too early).

[zojoe 0]

i

Did you know you had been selected in the lottery before you arrived on the B2 visa?

If so it will be pretty difficult to show you did not have immigrant intent when you entered on your B2.

Also, is your number current for October or November? If it's not, you can't submit your I485 yet (or rather, you can send it if course, but your petition will be denied for filing too early).

Hi SusieQQQ

I found out I was selected after I had arrived.

Yes my number has just come current for October.

[SusieQQQ 11,584]

Hi SusieQQQ

I found out I was selected after I had arrived.

Yes my number has just come current for October.

Ok

i wrote a bunch of stuff that I deleted because I'm not totally sure how accurate it all is...I'm going to see if I can get the DV AOS guru to pass by and help

[Sm1smom 242]

I am currently in the US and I intend to lodge Form I-485 to change my status from a B2 Tourist Visa to the Diversity Lottery Visa.

My question is if my I-94 Arrival/Departure record is due to expire during the time that the I-485 is being processed, does this mean that the application will be rejected?

I only have a matter of days on the I-94 and I am hoping that if the I-485 is received before the expiry it will mean I am eligible to remain in the US while it's processed.

If USCIS receives your I-485 package before your I-94 expires, you will be in adjustment pending status which is considered a valid status. Bear in mind though, your AOS package is considered received only when USCIS issues an I-797 NOA (Notice of Acceptance), the package isn't considered received just because you have some form of evidence from your courier service indicating when your package was delivered.

To be on the safe side, considering the fact that your current admitted status is close to expiring, my suggestion would have been to ensure your package doesn't get delivered to USCIS before Oct 1st, the first day of your current month. This will completely guard against the possibility of your FO denying your case months down the road based on early filing (which technically speaking is allowed, but some FOs are still denying). If the petition gets denied you'll have no status to fall back on, and I believe (if I'm not mistaken) you will then be considered to have acquired unlawful presence from the time your I-94 expired.

[zojoe 0]

If USCIS receives your I-485 package before your I-94 expires, you will be in adjustment pending status which is considered a valid status. Bear in mind though, your AOS package is considered received only when USCIS issues an I-797 NOA (Notice of Acceptance), the package isn't considered received just because you have some form of evidence from your courier service indicating when your package was delivered.

To be on the safe side, considering the fact that your current admitted status is close to expiring, my suggestion would have been to ensure your package doesn't get delivered to USCIS before Oct 1st, the first day of your current month. This will completely guard against the possibility of your FO denying your case months down the road based on early filing (which technically speaking is allowed, but some FOs are still denying). If the petition gets denied you'll have no status to fall back on, and I believe (if I'm not mistaken) you will then be considered to have acquired unlawful presence from the time your I-94 expired.

Thank you Sm1smom