I-94 about to expire and I-485 NOA has not been received yet

[Nadiya777 1]

All,

 

I am a US Citizen and my mother is currently in the US on a visitor's visa (B2). I am sponsoring her to become a permanent resident and as such, I have filed the I-130 online (back in March), and received a case number. Early this month (April), I submitted the I-485 package to USCIS but have not received NOA1 nor has the check for the filling fee been cashed yet.

 

Her I-94 is going to expire in 9 days and I am concerned that she will accrue unlawful stay until I get the NOA1 from the adjustment status application thus causing potential impact on her application's decision.

 

My question to the more senior members is, should I go ahead and apply for an I-539 - Application to Extend/Change Nonimmigrant Status to prevent an unlawful overstay accrual?

 

Thanks in advance.

[oneoftheunderdogs 94]

The receipt notice for your I-485 should be postdated to the date USCIS received the application.

[payxibka 10,045]

2 hours ago, Nadiya777 said:

All,

 

I am a US Citizen and my mother is currently in the US on a visitor's visa (B2). I am sponsoring her to become a permanent resident and as such, I have filed the I-130 online (back in March), and received a case number. Early this month (April), I submitted the I-485 package to USCIS but have not received NOA1 nor has the check for the filling fee been cashed yet.

 

Her I-94 is going to expire in 9 days and I am concerned that she will accrue unlawful stay until I get the NOA1 from the adjustment status application thus causing potential impact on her application's decision.

 

My question to the more senior members is, should I go ahead and apply for an I-539 - Application to Extend/Change Nonimmigrant Status to prevent an unlawful overstay accrual?

 

Thanks in advance.

Your fine.  No worries