Extending Visa while waiting for i-130 and i-485

[Scott M 0]

Hi, I'm an Australian citizen with an American Wife in the US on a tourist Visa and i've filed for the i-130 and i-485 concurrently. We've just received the NOA email with our case file numbers but are waiting to receive the i-797 in the mail.

I only have a month left on my tourist visa and my question is how I can go about extending it to stay in the US so i don't invalidate my i-485 application by leaving the country? OR does the I-797 allow me to extend my visa so I can stay while my case is processing?

Any help on this would be greatly appreciated.

[Inky 1,111]

You have the NOA1 you don't need to extend the tourist visa.

[Darnell 8,479]

*** not a K-3 visa topic, moving to AOS/work/student/tourist forum ***

[wshc 46]

Hi, I'm an Australian citizen with an American Wife in the US on a tourist Visa and i've filed for the i-130 and i-485 concurrently. We've just received the NOA email with our case file numbers but are waiting to receive the i-797 in the mail.

I only have a month left on my tourist visa and my question is how I can go about extending it to stay in the US so i don't invalidate my i-485 application by leaving the country? OR does the I-797 allow me to extend my visa so I can stay while my case is processing?

Any help on this would be greatly appreciated.

What kind of tourist visa do you have? Whatever you do, do not leave the country or they will probably not let you back in without the proper paperwork. Check it out very closely so you don't end up separated as we have.

[Scott M 0]

You have the NOA1 you don't need to extend the tourist visa.

How do I use the I-797 to extend my stay legally? Is it automatically changed or do I need to get my passport restamped?

[Inky 1,111]

How do I use the I-797 to extend my stay legally? Is it automatically changed or do I need to get my passport restamped?

You do not leave you stay in the USA. Do not leave for ANY reason.

You are filing from within the USA the NOA1 is the document you need to stay here while your papers are processing. You don't use the NOA1 to extend your stay it is what says you are allowed to stay.

[Harpa Timsah 13,258]

How do I use the I-797 to extend my stay legally? Is it automatically changed or do I need to get my passport restamped?

You are now in a NEW period of authorized stay, and your old visa and date of expiration is replaced by your AOS application. You are authorized to remain in the country (in fact you must stay) until a decision is made on your AOS application. Once you get the temporary travel permission you may travel and not abandon your AOS application by leaving. Good luck.

[mof 15]

You are now in a NEW period of authorized stay, and your old visa and date of expiration is replaced by your AOS application. You are authorized to remain in the country (in fact you must stay) until a decision is made on your AOS application. Once you get the temporary travel permission you may travel and not abandon your AOS application by leaving. Good luck.

Indeed, as soon as USCIS acknowledges receipt of your application (by sending you a NOA), your initial status when you entered the US usually becomes a non-issue. While your application is pending, you are considered to be legally present in the US.