I recently became a US citizen. My mother has been staying with me for a significant period over the past 3 years - all in valid visitor visa entry. She has always gone back within the I-94 expiration date. She will be completing her 6 month stay next month. Initially, I thought of applying for an extension on her visitor visa. But given that she has stayed here for the most part of the last 3 years, I doubt she would get one. Instead, I am thinking of applying her GC. If I start the process now and file her GC application in the next 2-3 weeks, would she be able to stay in US beyond her current I-94 expiry date in mid-April? Does filing I-130/485 automatically authorize the applicant to stay in US till the petition is adjudicated? Thanks very much in advance for any inputs.
GC Application for mother
- Thread starter shasan10
- Start date
immig_geek
Registered Users (C)
I think she will be fine, if you have a visa number(for her it would be current) and a pending 485(which you will apply), then she can stay in this country and does not have to go out of the country. I am pretty sure I am right, but please get a second opinion or maybe someone with more experience will correct my comment. Good luck
Thanks immig_geek. My only concern is that she does not have a birth certificate(only her school transcript) or a marriage certificate. I need to look into getting some form of notarization for these. This may take some time and I will be pushing against her I-94 expiry date. Looks like it is going to be a race against time, but will get started right away. Thanks!
Jackolantern
Registered Users (C)
You don't need notarization of the birth and marriage certificates, you need to either have somebody find them in her house in her home country, or get new ones issued by the relevant authorities where she was born and married. Then send a copy of the documents with the application, and she would bring the originals to the interview.
Maybe you should file I-130 with the consular processing option, so she can take care of those details herself while in her home country, as well as wrap up other affairs.
Maybe you should file I-130 with the consular processing option, so she can take care of those details herself while in her home country, as well as wrap up other affairs.
She is already here in US on visitor visa and I would like her to stay back till the processing is done. With consular processing, I presume she would have to go back to complete the formalities.
what country was she born in? I did the same for mother while she was here on b1/b2
they insisted on BC for my mother, we had to get the local muni in bangladesh to issue based on evidence provided but with recent date. now we have an interview scheduled.
just apply with what you have before her visa expires and you will get a RFE asking for the missing BC.
good luck
they insisted on BC for my mother, we had to get the local muni in bangladesh to issue based on evidence provided but with recent date. now we have an interview scheduled.
just apply with what you have before her visa expires and you will get a RFE asking for the missing BC.
good luck
Jackolantern
Registered Users (C)
Yes, for consular processing she would complete the process in her home country.
So if you want her to stay and pursue AOS instead, hurry up and make an appointment for the medical exam so she can file the papers before her I-94 expires or within a very short time after it expires. Because if she stays beyond the I-94 expiration, she can be deported if she hasn't filed the I-485 yet.
