I-485 / I-130 - Mother - I-94 expires in 2 weeks

S

Sier71

New Member
Hello,

I'm a US citizen applying for my mother for a Green Card. All the paperwork is in order, but we're waiting on her birth certificate to come from Brazil so we can send the applications.

The problem is, her I-94 expires in 2 weeks (20th), and the birth certificate might not get here in time (or just in time).

I'm scared of waiting and the birth certificate not arriving here in time before her I-94 expires.
What should I do? It seems like an extension would cost almost $300 and it takes 2 months to process,so not sure if it's worth it.

Please help!
 
I would say wait until the documents are complete and then file it, regardless of whether this is before or after her I-94 expires. She is in the Immediate Relative category, and she does not have to be in status at the time she files the I-485. She is technically deportable in the time between her I-94 expires and when she files the I-485, but the government doesn't ordinarily go around deporting visa overstayers.

An alternative is to file the I-485 without the birth certificate. But the birth certificate is initial evidence for I-485 and not having it will cause an RFE and slow down the process. Or they might deny it.

I don't think filing for an extension of status is a good idea because, not only is it expensive, she also has to provide a statement about why her stay will be temporary and what are her arrangements for leaving. But her stay isn't temporary and she cannot answer it without lying.
 
Hello,

I'm just here to thank you for the quick reply and to give an update.

I was able to get a digital copy from her Birth certificate and got it translated by a Public Notary.
I will send the forms with the notarized translation and should have the original paper in hands by the time the interview is scheduled.

Thank you very much for taking the time to reply!
 
Hi,
Im a LPR mother petitioning for my minor son as catergoty F2a. I-130 is already filed but his I94 (B2 visa) is expiring in 2 months. Visa waiting as of right now is 18 months. Would his visa extension be granted? What should i do in this case? Thank you
 
Beachbums196 said:
Hi,
Im a LPR mother petitioning for my minor son as catergoty F2a. I-130 is already filed but his I94 (B2 visa) is expiring in 2 months. Visa waiting as of right now is 18 months. Would his visa extension be granted? What should i do in this case? Thank you
Click to expand...
The extension will most likely be denied.
 
You must log in or register to reply here.
Top