Timeline for GC based on petition of my GC holder wife

Thank you, regarding I 539, would it be a good idea to file it then since it will be replied to in 6 month. So in case the AOS is rejected I can exit even before I 539 is replied to and in this case I would be in better situation if I come back for a visit - Showing that I applied for visa extension? or AOS application would serve same purpose even if it was rejected, and I left as soon as it is rejected?
 
Thank you.

Regarding I 539, it will take like 6 month for me to get a reply. So in case AOS is rejected I can exit even before I 539 is replied to and in this case I can show that I applied for I 539 to extend my visa but didn't a response when I come back for a visit to USA?
 
You filed AOS already, any filing of i539 now would be deemed frivolous and would be useless for any type of “protection” such as you are seeking.
Having already entered once on a visitor status and attempting to adjust status from that will count against you strongly for future attempted visits.
Why don’t you just wait and see what happens with the AOS filing before coming up with all these scenarios?
 
Because I will be out of status in 6 days? So if I'm rejected I will be in trouble anyways? and Can't reapply from inside?
 
In I 539, As B-2 visa, duration of status don't apply to me, correct. Hope someone respond fast as I only have today to complete the form
 
Susie already responded to your query, not sure what it is you’re still asking about. Filing an extension of stay now, following an already filed AOS will be deemed frivolous filing.
 
Greeting all, today I received three notification emails from USCIS as follow:
On March 30, 2021, we received your Form I-131
On March 30, 2021, we received your Form I-765

However, for the for AOS, I received the following message:
On April 26, 2021, we accepted the fingerprint fee for your Form I-485. It didn't say the same as above that they received I-485 on March 31, which is very important to me as my B2 visa expired on April 21?
Is it ok?
Do you think when I receive the receipt for I-485 it will say when (March 30) I submitted the application similar to the other two notifications? Is it an issue regarding being out of status?. Please note that I sent all the forms together …
 
Nick1234 said:
Greeting all, today I received three notification emails from USCIS as follow:
On March 30, 2021, we received your Form I-131
On March 30, 2021, we received your Form I-765

However, for the for AOS, I received the following message:
On April 26, 2021, we accepted the fingerprint fee for your Form I-485. It didn't say the same as above that they received I-485 on March 31, which is very important to me as my B2 visa expired on April 21?
Is it ok?
Do you think when I receive the receipt for I-485 it will say when (March 30) I submitted the application similar to the other two notifications? Is it an issue regarding being out of status?. Please note that I sent all the forms together …
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The updates you received are in order, they are the standard updates.
 
Thank you, But can you please elaborate. I was hoping to receive a receipt saying that they receive my application for AOS on March 30, so it is before my visa (B2) expire (expires April 21) . Can you pls try to answer my questions on the previous message so I can understand, please
 
I think you’re stressing needlessly. If you mailed the I-765 and I-131 together with the I-485, the the first two notices indicate they were received before your granted stay expired, the same will apply to the I-485 in that case regardless of the date on the I-485. Again, the wording on your I-485 receipt is the typical wording with that form. Received date (not accepted) is what determines if a petition was timely filed or not.
 
If you are worried about an unlawful presence ban, you do not accrue "unlawful presence" while your AOS is pending, so if your AOS is denied, you would only start accruing unlawful presence from the date of the denial. If you leave less than 180 days after the date of the denial, you will not have accrued enough unlawful presence to trigger a ban upon leaving.

Your family-based AOS should not be denied unless you made some mistake on your application, or unless you are unable to prove the genuineness of your marriage or something like that. If you filed everything right, there generally shouldn't be risk of denial. If the USCIS makes some mistake, you should be able to reopen the case without leaving.

Filing a B2 extension of stay would not only be unnecessary and a waste of money, but would also require lying. Applying for B2 extension of stay requires you to attach a statement regarding your plans to leave the US, and you don't plan to leave the US, so any such statement would be a lie.
 
My priority date is 15-Aug-2018 and still interview is not scheduled for us and nearing almost 3 years. Expect the same or at least minimum 2 year's for getting interview
 
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