Visitor visa extension after applying green card?

assura

Registered Users (C)
My parents are visiting with B-2 visior visa. It will expire in early May.
I just filed I-130 and I-485 for them for the family based green card.

Do they still need to get their visitor visa extended?

Thank you very much.

Jason
 
assura said:
My parents are visiting with B-2 visior visa. It will expire in early May.
I just filed I-130 and I-485 for them for the family based green card.

Do they still need to get their visitor visa extended?

Thank you very much.

Jason
Not needed. If they got the I-485 receipt notice with the A#, they are in a valid legal status.
 
dashags said:
what if I only have I-130 receipt, but i didn't file I-485 yet? And my visa expired already, does it mean i'm here illegal now? Thank you.

No. This means you have overstayed your visa. Filing I-130 does not give you any status or privilege. You will be in legal status only after you apply for I-485, but stay away from applying for AP.
 
Thanks for your response.

How about when I receive I485 receipt and A#, my visiotor visa already expired?

i just send out my I485 and I-130 concurently filing yesterday but my visa will expired in about 10 days. There is a good chance that when i get the receipt, my visa already expires. Should I file a visa extension to be safe?

Thanks,
 
What date exactly will the visa expire and by what kind of carrier did you send your application (USPS Priority? USPS Certified? Fedex? UPS?)

If you sent it via USPS Priority I think you should be fine (if your parents' visas expire exactly after 10 days or more). It all depends on whether your parents' visas have expired or not, when USCIS receives & processes your application.
 
The visa will expire on 5/1/2006. And I-130 and I485 forms are sent via US priority mail with receipt confirmation on 4/22/2006.

When should I expect to get the application receipt from them? Until I get the receipt, I'll not know whether they have started to process my application. Although the priority mail receipt confirms they have received our application, it
does not mean they have opened and started to process it, right?



Thanks,
 
assura said:
Thanks for your response.

How about when I receive I485 receipt and A#, my visiotor visa already expired?

i just send out my I485 and I-130 concurently filing yesterday but my visa will expired in about 10 days. There is a good chance that when i get the receipt, my visa already expires. Should I file a visa extension to be safe?

Thanks,
You're talking about your parents visitor visa, not yours, right?
You don't need to worry about it. Overstaying their visas is forgiven to the immidiate relatives of the US citizens. Thus, overstaying their visas is not a problem for your parents.
 
I'm surprised no one has brought it up yet, but your parents' visitor visas don't matter at this stage.

It's the I-94 stamp that matters. When they entered the US, how long were they allowed to stay? (The stamp on the I-94 would tell you that).... It doesn't matter if their visas exprire as long as their I-94 remains valid. Visas are for entry to the US, the I-94 is for the period of stay.

If by visa, you were referring to the I-94 the whole time, and it does in fact expire before you get the Notice for the I-485, then it's ok that they've overstayed for days, it will be forgiven as they are immediate relatives of a USC. And as long as their overstay is less than 180 days, they should be fine travelling with an AP while they await the GC. (Although the AP is always risky and doesn't guarantee reentry to the US).
 
assura said:
My parents are visiting with B-2 visior visa. It will expire in early May.
I just filed I-130 and I-485 for them for the family based green card.

Do they still need to get their visitor visa extended?

Thank you very much.

Jason

and

assura said:
Thanks for your response.

How about when I receive I485 receipt and A#, my visiotor visa already expired?

i just send out my I485 and I-130 concurently filing yesterday but my visa will expired in about 10 days. There is a good chance that when i get the receipt, my visa already expires. Should I file a visa extension to be safe?

Thanks,

Ok, who're we talking about here? You or your parents? Straighten it out dude.
 
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