JQL

Hi,

My mom's B2 visa will expire in 10 days. I am an USC and we are going to file concurrent I-485 and I-130 for her. Here is a few questions.

1. I know it is bad for her to overstay her visa. Does it mean the USCIS has to receive the application before her visa expiration date? is the return receipt date enough?

2. While the I-485 is submitted, can she legally stay in the US to wait for the decision?

3. It seems that I-864 has no filing fee. but i read it somewhere that the State Dept. may charge a fee to review the Affydavit (forget the amount). do I submit the fee for I-864?

Thanks.

JQL

I found it on the USCIS's site.

Although USCIS does not charge a fee for this form, the Department of State does charge a fee of $70 when the Affidavit of Support is reviewed domestically. This does not apply when the Affidavit of Support is filed abroad. For more information, please see the Department of State, Affidavit of Support Review Fee, in the Related Links of this page.

John Manley

This is incorrect. The $70 fee applies only when applying for an immigrant visa at a US consulate abroad. If you are applying for the I-485/I-130 to adjust her status here in the US, you pay $1010 and $355(I-130). You do not pay extra for the I-864.

Once you receive the I-485 receipt, she will be in status and can wait here for her interview. To travel abroad, of course, you must apply for and receive the advance parole.

JCraigFong

Whew! Some of the questions on BE are so fraught with political, legal, and inter-personal peril, I am THRILLED to be able to address this one. "Easy-peasy," as I believe you-lot would say.

1. If she is your parent and you are her biological child and a US citizen, then she is an immediate relative (IR). Although -- for a number of reasons not relevant here -- I generally recommend that IR's file paperwork prior to the I-94's expiration, it is not strictly necessary. I DO, however, recommend that the I-130+AOS package be filed and received by USCIS a good one or two weeks before the alien's having passed 6 months illegally present. It's just safer. In other words, the sooner, the safer.

2. After you receive the receipt for the I-485, she is allowed to remain in the USA "by leave of the Secretary of Homeland Security" during the pendency of the application. Mum/Da' cannot, however, travel outside the USA without Advance Parole (I-131). The I-131 is normally filed at the same time, in the same package as the I-130 family petition, I-485 AOS, I-765 EAD, and I-864 Affidavit.

3. About the I-864: you are mixing apples and oranges here, JQL. IF the alien is outside the USA and is going to get the Immigrant Visa (IV) through Consular Processing, then yes, there is a fee of some $70 or so for the National Visa Center (NVC) to evaluate the I-864. If the alien (and I apologize for referring to Mum/Da' as "aliens," but at least for the purposes of a general immigration website, I think it best to be as strictly accurate as possible -- certainly no disrespect meant to your mother or father) is going to process inside the USA as Adjustment of Status, then there IS NO fee for the I-864 Affidavit.

Does that help?

--J Craig Fong
Attorney at Law
Los Angeles, CA

JQL

Thank you guys for the information. I have been quite busy preparing for applications and docs for my mom's petition. yes, I only submitted $1,010 + $355. Sorry it takes me so long to come back to say thanks to y'all.

I submitted the application package (I-130/I-485/I-131) express on the 16th of May (her I-94 expires 25th of May). Yesterday, I got the receipts for all three applications. On the receipts, it was received on 18th, noticed date of 22nd. So I guess she is safe. It is interesting that at the same day, I got a 6-page reply from the USCIS for my mom's pending B-2 extension case (I-539). It was denied. Not sure if this has any inpact on the AOS application.

All applications have receipt numbers started with MSC, which I believe is the code for the National Benefit Center. When I tried to enter the case numbers into the online case status, none was recognized (appears as error) yet. Does MSC now process all concurrent family-based AOS? Anyone has this type of application processed in MSC but not recognized in the database?

Noorah101

It can sometimes take quite a while until the case shows up online. Sometimes it never does. It won't show up until someone at USCIS inputs it there....and we all know how slow they can go. LOL

Rene

gemini18

Hello All,
My mom overstayed for 2 and half years before I filed for her.Her interview is in two months.What do you think?I see it mentioned here that the earlier the better to file,does it mean I need a lawyer for her interview?

Thanks!

JQL

I think I read it in the I-485 instruction:
10. Who Is Not Eligible to Adjust Status?
D. Your authorized stay expired before you filed this application;

But I don't know the reality. Some people in this BBS have more experience and may answer your question. Do you have any compelling reason for her to overstay? When did you become USC?

Best luck for your mom and let us know how the interview goes.

Folinskyinla

Hi:

From what you said, you are a US Citizen -- this makes you mum an "immediate relative." IR's are an exception to the rule you quoted.

Elementary, my dear Watson.

"The trouble is all inside your head she said to me. The answer is easy if you take it logically. I'd like to help you in your struggle to be free." Paul Simon

gemini18

Yes I am a USC.I became a USC this year.Before her visit was over,she slipped and fell from the stairs and from then it's been one health issue or the other.I have medical records and physical therapy records.

I just want to make sure if I needed a lawyer or not,if it took too long to file for her(over 180 days).I am not sure of the 245(k)[or something like that] rulesI was a green card holder anyway and had no plans for her to stay,but with the health issues and no one to care for her back in the home country because she lived alone.

Thank you so much guys,thank you!

Folinskyinla

Hi:

Why are you worried about 245(k)? You are a US Citizen, over 21 and she is your mother. No need to even think about the employment based visas? Or am I missing something?

gemini18

Yes,I see how confusing I have got.Thanks for the clarification.