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rico19ro

I94 expiring but filed i130 and i485 and have a i797c

By rico19ro in Bringing Family Members of US Citizens to America

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rico19ro Newbie

rico19ro   0

Posted
Filed: Citizen (apr) Timeline
Posted

Hi everyone!

I have a quick question. My mom is here and her I-94 says she has to leave in a few weeks. We filed the I-130 and I-485 concurrently on December 3rd and have done the biometrics already and received her I-797c. Her case status is "Pending" to be scheduled for an interview. Am I wrong to think that she can stay past her I-94 date? Or does she have to leave the country?

By the way, I am a naturalized US citizen.

Any help is much appreciated.

Thanks!!!

OKflyboy Rising Star

OKflyboy   35

Posted
Filed: F-2A Visa Country: Russia
 Timeline
Posted

I believe she can, as long as her case is pending. Maybe the interview will happen before the expiration date anyway. If you think about it, she has to show up for the interview, right? So she can't leave:)

Seriously, IRs of USCs are treated pretty well. My older kids overstayed 2.5 years due to a number of reasons, and there were no questions asked at all. In fact, the officer said he did not see why they had to show up for an interview at all.

Ara & Anya - Tucson, Arizona

IR-5 for my (Anya's) mother
00 Filed: 03/08/2013

536 POE: 08/26/2014

Father

00 I-130 mailed to Phoenix Lockbox: 05/28/2014

455 POE LAX: 09/03/2015

Brother (9 years old, A2A through LPR mother)

I-130

00 Filed: 09/12/2014

03 Petition accepted at California Service Center, NOA-1 mailed: 09/15/2014

07 NOA-1 received; Priority date is 09/15/2014: 09/19/2014

176 RFE received: 03/07/2015

238 RFE response mailed to CSC: 05/08/2015

242 RFE response received at CSC; Decision to be made before 07/11/2015: 05/12/2015

308 Approved; NOA-2 mailed: 07/17/2015

314 NOA-2 received; Case sent to NVC: 07/23/2015

371 Welcome Letter received; Choice of Agent form submitted: 09/18/2015

374 AoS fee paid: 09/21/2015

416 IV fee paid; IV application submitted: 11/02/2015

452 IV and AoS packets mailed: 12/08/2015

455 Documents received at NVC; Waiting for CC: 12/11/2015

502 Case Complete; Wating for IL: 01/27/2016

504 Interview scheduled for 03/11/2016: 01/29/2016

523 Medical exam: 02/17/2016 Passed

546 Interview: 03/11/2016 PASSED!

549 Visa issued: 03/14/2016

588 POE LAX: 04/22/2016

Hypnos Grand Master

Hypnos   6,578

Posted
Filed: Citizen (apr) Country: United Kingdom
 Timeline
Posted

Not only can she stay, she must stay.

Widow/er AoS Guide | Have AoS questions? Read (some) answers here

 

AoS

Day 0 (4/23/12) Petitions mailed (I-360, I-485, I-765)
2 (4/25/12) Petitions delivered to Chicago Lockbox
11 (5/3/12) Received 3 paper NOAs
13 (5/5/12) Received biometrics appointment for 5/23
15 (5/7/12) Did an unpleasant walk-in biometrics in Fort Worth, TX
45 (6/7/12) Received email & text notification of an interview on 7/10
67 (6/29/12) EAD production ordered
77 (7/9/12) Received EAD
78 (7/10/12) Interview
100 (8/1/12) I-485 transferred to Vermont Service Centre
143 (9/13/12) Contacted DHS Ombudsman
268 (1/16/13) I-360, I-485 consolidated and transferred to Dallas
299 (2/16/13) Received second interview letter for 3/8
319 (3/8/13) Approved at interview
345 (4/3/13) I-360, I-485 formally approved; green card production ordered
353 (4/11/13) Received green card

 

Naturalisation

Day 0 (1/3/18) N-400 filed online

Day 6 (1/9/18) Walk-in biometrics in Fort Worth, TX

Day 341 (12/10/18) Interview was scheduled for 1/14/19

Day 376 (1/14/19) Interview

Day 385 (1/23/19) Denied

Day 400 (2/7/19) Denial revoked; N-400 approved; oath ceremony set for 2/14/19

Day 407 (2/14/19) Oath ceremony in Dallas, TX

aurpol Enthusiast

aurpol   17

Posted
Filed: IR-2 Country: Philippines
 Timeline
Posted

Dont fret, its okay and its way way better that she stays. Its ok.

N-400 process

03/03/16 Submitted N-400 application and docs
03/09/16 USCIS ackn rcpt (txt, email, and NOA1) and chk cashed
03/29/16 Biometrics (walked in - orig date 04/05/16)
04/04/16 In Line for an Interview (txt, email, and checked case status)

05/16/16 Scheduled for an Interview (Case Status Online)

05/20/16 Received I/L
06/24/16 Interview date (PASSED)
07/20/16 Oath-taking at LACC ( I AM NOW A US CITIZEN!!!)

 
Didn't find the answer you were looking for? Ask our VJ Immigration Lawyers.

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