Can I file I130+I485 for my mother while her I-539 extension is pending?
Mar 31st 2003, 6:58 pm
#1
Guest
Posts: n/a
Can I file I130+I485 for my mother while her I-539 extension is pending?
My mother is here on B-2 visitor visa and I filed I-539 extension of
stay for her at Nebraska Service Center. It is now taking 3~4 months
to process I-539 extension at Nebraska Service Center.
At the same time, I am about to get my US citizenship application
approved, which I can use that to apply for immediate relative based
I130+I485 Adjustment of status for my mother.
My question is: can I file I130+I485 AOS for my mother while her I-539
extension application is pending?
Thanks a lot in advance!
Roger
stay for her at Nebraska Service Center. It is now taking 3~4 months
to process I-539 extension at Nebraska Service Center.
At the same time, I am about to get my US citizenship application
approved, which I can use that to apply for immediate relative based
I130+I485 Adjustment of status for my mother.
My question is: can I file I130+I485 AOS for my mother while her I-539
extension application is pending?
Thanks a lot in advance!
Roger
Apr 1st 2003, 3:41 am
#2
Guest
Posts: n/a
Re: Can I file I130+I485 for my mother while her I-539 extension is pending?
Yes, and you'd better do it fast.
If her current visa expires and the I-539 is denied, you won't be able to
file the I-485 for her anymore (or at least you will face lots of problems).
"Roger" wrote in message
news:[email protected]...
> My mother is here on B-2 visitor visa and I filed I-539 extension of
> stay for her at Nebraska Service Center. It is now taking 3~4 months
> to process I-539 extension at Nebraska Service Center.
> At the same time, I am about to get my US citizenship application
> approved, which I can use that to apply for immediate relative based
> I130+I485 Adjustment of status for my mother.
> My question is: can I file I130+I485 AOS for my mother while her I-539
> extension application is pending?
> Thanks a lot in advance!
> Roger
If her current visa expires and the I-539 is denied, you won't be able to
file the I-485 for her anymore (or at least you will face lots of problems).
"Roger" wrote in message
news:[email protected]...
> My mother is here on B-2 visitor visa and I filed I-539 extension of
> stay for her at Nebraska Service Center. It is now taking 3~4 months
> to process I-539 extension at Nebraska Service Center.
> At the same time, I am about to get my US citizenship application
> approved, which I can use that to apply for immediate relative based
> I130+I485 Adjustment of status for my mother.
> My question is: can I file I130+I485 AOS for my mother while her I-539
> extension application is pending?
> Thanks a lot in advance!
> Roger
Apr 1st 2003, 2:50 pm
#3
Guest
Posts: n/a
Re: Can I file I130+I485 for my mother while her I-539 extension is pending?
Hi,
you can file for AOS while her extention of status application is
pending. When they ask for her current status write "Visitor (B-2)"
and make sure to submit a copy of the receipt notice of your I-539
from INS in addition to the copy of I-94 they ask for. This will show
the officer that she got her original 6 months at the border and
applied for an extension. It's all good.
When you become a citizen, your mother will become an immediate
relative of a US citizen. Penalties for her being out of status do not
apply.
Here is a link:
http://www.immigration.gov/graphics/...gibility.htm#j
The biggest obstacle for you (or her) now is to convince the officer
at the interview she hadn't intended to immigrate when she entered US
on a temp visa. A very serious matter, try to plan your strategy
carefully.
Hope this helps.
Igor.
On 31 Mar 2003 23:58:36 -0800, [email protected] (Roger) wrote:
>My mother is here on B-2 visitor visa and I filed I-539 extension of
>stay for her at Nebraska Service Center. It is now taking 3~4 months
>to process I-539 extension at Nebraska Service Center.
>At the same time, I am about to get my US citizenship application
>approved, which I can use that to apply for immediate relative based
>I130+I485 Adjustment of status for my mother.
>My question is: can I file I130+I485 AOS for my mother while her I-539
>extension application is pending?
>Thanks a lot in advance!
>Roger
you can file for AOS while her extention of status application is
pending. When they ask for her current status write "Visitor (B-2)"
and make sure to submit a copy of the receipt notice of your I-539
from INS in addition to the copy of I-94 they ask for. This will show
the officer that she got her original 6 months at the border and
applied for an extension. It's all good.
When you become a citizen, your mother will become an immediate
relative of a US citizen. Penalties for her being out of status do not
apply.
Here is a link:
http://www.immigration.gov/graphics/...gibility.htm#j
The biggest obstacle for you (or her) now is to convince the officer
at the interview she hadn't intended to immigrate when she entered US
on a temp visa. A very serious matter, try to plan your strategy
carefully.
Hope this helps.
Igor.
On 31 Mar 2003 23:58:36 -0800, [email protected] (Roger) wrote:
>My mother is here on B-2 visitor visa and I filed I-539 extension of
>stay for her at Nebraska Service Center. It is now taking 3~4 months
>to process I-539 extension at Nebraska Service Center.
>At the same time, I am about to get my US citizenship application
>approved, which I can use that to apply for immediate relative based
>I130+I485 Adjustment of status for my mother.
>My question is: can I file I130+I485 AOS for my mother while her I-539
>extension application is pending?
>Thanks a lot in advance!
>Roger
