Thanks for the quick reply. That was one thing I was worried, they may think that was the intent. She was issued 5 year multiple visa, she visited once four years ago. Her visa will expire in June 2010, but I-94 is valid until September 2010. If we apply for concurrent I130 & I485, I suppose I will be checking option one in 485. Can she stay beyond her expiry date on I-94, since we have a pending 485 application. Is there any chance of denial since we are applying so soon after her entry.