Wife is here on B1/B2 have pending I-130, do I need I94 Extension?

[clintjohnson]

My wife is here on B1/B2, we filed I-130 and received a receipt. Her I-94 is for 6 months stay which will expire in 2 months. Do I need to file for an extension of I-94 or is the receipt of I-130 (pending case) enough to make her stay legal until it is processed.

I Don't want to waste $300 on the extension if it is not necessary. We have no plans to leave the country until the process is complete.

Thanks for any help, if you can please send links to information on this.

 

[waitin_toolong]

just I-130 is not enough, she will need to file I-485 before the expiry of I-94 that will keep her leagl.

 

[clintjohnson]

I-485?

I can't file for I-485 until I-130 is completely processed... On I-130 it asks if you have an I-94 and the number of your I-94. I'm wondering what this is for?

 

[smali]

if you are citizen, she can adjust if fallen out of status. if you are lpr, she can not if fallen out, unless u become usc

 

[Triple Citizen]

What is your status in the US, that is the key. Citizen or LPR?

I can't file for I-485 until I-130 is completely processed... On I-130 it asks if you have an I-94 and the number of your I-94. I'm wondering what this is for?

 

[clintjohnson]

I am a citizen born in the U.S.

 

[Triple Citizen]

Then you should have file both I-130 and I-485. Since you have already filed an I-130, file the I-485 (at the Chicago lockbox address) and attach a copy of the I-140 receipt. No need to file for an I-539.

 

[clintjohnson]

Triple Citizen, thanks for helping. So can I file form I-485 if I only have a reciept for I-130. With current processing times I don't expect to get the approval for I-130 for a few months.