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bribri87

Can my parents on a Visitor Visa stay in the US while the AOS is pending?

By bribri87 in Adjustment of Status (Green Card) from K1 and K3 Family Based Visas

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bribri87 Newbie

bribri87   0

Posted
Filed: AOS (pnd) Country: Philippines
 Timeline
Posted

I'm a US Citizen and want to sponsor my parents for a green card. They are currently here in the US legally on a tourist visa valid for a 6-month stay.

I'm about to submit the I-130/I-485 concurrent application, and am wondering whether they are allowed to remain legally in the US while waiting for the application to be approved? If so, is there additional paperwork that needs to be filed to extend their I-94, or are they still tied to the 6-month stay that they were granted upon their arrival with their tourist visa?

Can't seem to find this answer anywhere.

Thanks!

01-20-2009 Filed AOS for my father.

02-02-2009 Received NOA - Denial due to "incorrect fee"

cdnchris Contributor

cdnchris   0

Posted
Filed: AOS (apr) Country: Canada
 Timeline
Posted

They actually HAVE to stay in the US with a pending AOS. If they leave the application will be considered abandoned. As long as they have a pending I-485 they can legally stay in the US.

Canadian on TN Status married to USC

07/18/06 - Forms (I-485, I-130, I-765) sent overnight to Chicago Lockbox

07/19/06 - Received Date

07/25/06 - Notice Date

07/26/06 - Cheques Cashed

07/31/06 - I-130, I-765 Added online (I-485 not online yet)

08/04/06 - Receive Appt. letter for FP/Bio

08/14/06 - FP/Bio taken / LUD on I-130, and I-765 / I-485 added online

08/18/06 - RFE sent for Tax Return stuff, which was already sent with application

08/25/06 - RFE received by me in mail

09/05/06 - RFE returned to USCIS

09/11/06 - RFE Received by USCIS

10/31/06 - InfoPass to check status on 485 and 765 - Apparently a push has been made on 765

11/06/06 - I-765 (EAD) Approved!

11/13/06 - Received EAD, Approval notice mailed for I-765?

11/20/06 - Receive Interview Letter

11/29/06 - TN Expired

01/04/07 - Interview! - APPROVED!!!!

01/22/07 - InfoPass Appt: Got I-551 stamp in passport

01/24/07 - I-485/I-130 Approval E-mails / Welcome notice sent

01/25/07 - Card ordered

01/29/07 - Received Welcome Notice/I-130 Approval

02/02/07 - Received 10 yr Green Card!!

Touches:

I-485: 08/14/06, 08/21, 09/12, 09/14, 11/11, 12/02, 12/14, 12/16, 01/25, 01/28, 01/31, 02/01

I-130: 07/31/06, 08/14, 08/19, 11/11, 12/02, 12/14, 12/16

I-765: 07/31/06, 08/14, 08/19, 11/01, 11/02, 11/07, 11/11, 11/14, 11/15, 12/02

Irisheyes Enthusiast

Irisheyes   0

Posted
Filed: AOS (pnd) Country: Ireland
 Timeline
Posted

I'm not saying that you guys are wrong or right, because I honestly don't know, but if it's that easy, why doesn't everybody waiting on a greencard (through family other than spouse) just come on over and wait here, since it can take years? Are they entitled to the same things as a spouse while waiting? AP, EAD? It sounds weird to me!

AOS

05/26/05: Sent I-485/I-130 & I-765 to Chicago lockbox.

05/27/05: Paperwork received by Douglas!

06/17/05: Check hit bank account.

06/20/05: All 3 NOA's rec'vd! TG!

08/02/05: Biometrics , New Orleans. Pretty uneventful.

08/09/05: EAD Approved!

07/12/06: ......still.........waiting.........

09/26/06: Case Status says interview has been canceled............What interview????

10/23/06: Interview finally scheduled for 12/14/06.

12/14/06: AOS approval pending renewal of Biometrics....Waiting on appt. for ASC!

Will this ever end????

01/17/07: Biometrics scheduled.

02/03/07: Everything complete at our end! Apparently my case file is under somebodys wobbly table leg.

02/27/07: Approval notice finally received by e-mail.....only 641 days!! 1 yr 9 mths!

My little angel, Rachel Erin...born 02/15/07

IM000979.jpg

Irisheyes Enthusiast

Irisheyes   0

Posted
Filed: AOS (pnd) Country: Ireland
 Timeline
Posted

But what about AP & EAD? Just curious.

AOS

05/26/05: Sent I-485/I-130 & I-765 to Chicago lockbox.

05/27/05: Paperwork received by Douglas!

06/17/05: Check hit bank account.

06/20/05: All 3 NOA's rec'vd! TG!

08/02/05: Biometrics , New Orleans. Pretty uneventful.

08/09/05: EAD Approved!

07/12/06: ......still.........waiting.........

09/26/06: Case Status says interview has been canceled............What interview????

10/23/06: Interview finally scheduled for 12/14/06.

12/14/06: AOS approval pending renewal of Biometrics....Waiting on appt. for ASC!

Will this ever end????

01/17/07: Biometrics scheduled.

02/03/07: Everything complete at our end! Apparently my case file is under somebodys wobbly table leg.

02/27/07: Approval notice finally received by e-mail.....only 641 days!! 1 yr 9 mths!

My little angel, Rachel Erin...born 02/15/07

IM000979.jpg

bribri87 Newbie

bribri87   0

Posted
Filed: AOS (pnd) Country: Philippines
 Timeline
  • Author
Posted
As long as they entered the US legally and the are sponsored by a USC then yes they can do AOS and remain while it is being processed....

Kezzie

Thanks everyone for all your responses! It seems weird for them to stay past the date on the I-94. Is the receipt for the AOS proof that they are still here legally?

I also plan on filing AP for them concurrently with their application, but the AP form says they need an urgent reason to go back home. My parents' reason is they have a small business back home and currently my sister is helping them "babysit" it. It would be difficult for her to watch it longterm (over 6-months) so they have a dilemma of whether to go home or not. Do you think filing for AP with this reason is correct or is it better for them to do consulate processing instead?

Regarding EAD, I heard that if it's approved and they accept employment, then if for some reason their AOS is denied, they will lose their Visitor visa because they had accepted work. Has anyone else heard this, and does this make applying for EAD risky?

Thanks!

Brian

01-20-2009 Filed AOS for my father.

02-02-2009 Received NOA - Denial due to "incorrect fee"

 
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