B1B2// just married-i94 expires jan

[jsj_297]

B-1/B-2 Nonimmigrant// Just Married, Need
Hi, new member here.

My girlfriend for over 15 years just came to usa in early july 2011 on a b1/b2 visa. Married her on august 5, 2011.
I recently sent an i-130 to chicago, got the e verification, and just got the 797 reciept today.
Im currently 90-95% complete with her i-485 & all other related documents to file with it, 864,693,765......
Im still awaiting her translated birth certificate, vaccination list, and my IRS returns/w2's which i just requested online yesterday. She is 30 female from beirut, lebanon.

My questions are this, her i-94 expires january 2, 2012, and from what i understand and have researched it takes 2-6 months to process the i-130 at califonia facility alone. And god only knows how long the 485 will take right??

Once i have a case open with cis, does this automatically extend her stay legally in the usa until the 485 is either
Approved or denied? Or do i have to file a 539 extension still? And if so, what should i put as her reason for
Extension?? Is there a different letter to change her status to? Like a "V" maybe? I am a US born citizen by the way.

 

[Triple Citizen]

Can you provide the exact dates for the following two events:-
1: The date she entered the US
2: The date you both got married

No need to file for I-539 if an AOS is in the works but depending on the above two dates, you both may have other potential issues.

My girlfriend for over 15 years just came to usa in early july 2011 on a b1/b2 visa. Married her on august 5, 2011.
I recently sent an i-130 to chicago, got the e verification, and just got the 797 reciept today.
Im currently 90-95% complete with her i-485 & all other related documents to file with it, 864,693,765......
Im still awaiting her translated birth certificate, vaccination list, and my IRS returns/w2's which i just requested online yesterday. She is 30 female from beirut, lebanon.

My questions are this, her i-94 expires january 2, 2012, and from what i understand and have researched it takes 2-6 months to process the i-130 at califonia facility alone. And god only knows how long the 485 will take right??

Once i have a case open with cis, does this automatically extend her stay legally in the usa until the 485 is either
Approved or denied? Or do i have to file a 539 extension still? And if so, what should i put as her reason for
Extension?? Is there a different letter to change her status to? Like a "V" maybe? I am a US born citizen by the way.

 

[jsj_297]

Thanks for your reply.
She entered usa on 7/03/2011
Married on 8/05/2011....
Thanks for clearing up the 539 question. I have 90 % of 484 stuff prepared to send off. What troubles are u referring to? I am trying as hard as i can to do this correctly, and i understand now (wayy to late of course) how i shouldve done this process. Any advice is GREATLY appreciated!!! Thanks again!

 

[hazelickes]

B-1/B-2 Nonimmigrant// Just Married, Need
Hi, new member here.

My girlfriend for over 15 years just came to usa in early july 2011 on a b1/b2 visa. Married her on august 5, 2011.
I recently sent an i-130 to chicago, got the e verification, and just got the 797 reciept today.
Im currently 90-95% complete with her i-485 & all other related documents to file with it, 864,693,765......
Im still awaiting her translated birth certificate, vaccination list, and my IRS returns/w2's which i just requested online yesterday. She is 30 female from beirut, lebanon.

My questions are this, her i-94 expires january 2, 2012, and from what i understand and have researched it takes 2-6 months to process the i-130 at califonia facility alone. And god only knows how long the 485 will take right??

Once i have a case open with cis, does this automatically extend her stay legally in the usa until the 485 is either
Approved or denied? Or do i have to file a 539 extension still? And if so, what should i put as her reason for
Extension?? Is there a different letter to change her status to? Like a "V" maybe? I am a US born citizen by the way.

A tourist with an expired I-94 cannot be removed from the USA when there is a pending petition.


A person who has a pending I-485, Application to Adjust Status to Permanent Residence, may have an expired I-94 card. While the I-485 application is pending a decision, such an individual is generally lawfully permitted to remain in the U.S. This is technically referred to as being in "a period of stay authorized by the Attorney General." There is no special document, apart from the I-485 receipt notice and Employment Authorization Document (EAD), that reflects a person's right to remain lawfully in the U.S. while the I-485 application is pending.