I-94 expiring, I-130 approved

S

spaval

New Member
Hi everybody,

I wanted to find out if it was okay to apply for I-485 (Adjustment of Status) after I-94 has expired.
I applied for extension of stay but haven't heard back from USCIS. In the meantime the I-130 application has been approved but the I-94 expires in the next couple of days. I don't have all the documents ready to file the I-485 yet and have to file it a couple of days after the I-94 expires.

Is it okay that I do that since I am legally waiting to hear back from USCIS regarding extension of stay?

Thank you so much for your help.
 
Do you have a priority date? or are you an immediate relative of an US Citizen?

You can file for AOS, when your priority date is current or immediately if you are an immediate relative of an US Citizen. Regardless of whetver you are in or out of status (valid or expired I-94).
 
This is for my mother and I am a US citizen.
Also before the I-130 got approved I had applied for an extension of stay as her 6 month stay is coming to an end.
I am worried with the event of the I-539 application being rejected before I get a receipt number for my I-485(AOS) in which case my mother will become illegal in the country.
So I am not sure of whether to apply for the AOS or not.

Thanks
 
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