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Filed: Timeline
Posted

My husband's and my B2 visas expire on May 11. My approved green card application (filed by my mom), priority date is July 25, 2003 on the approval notice. Visa bulletin for April 2014 that was just released shows the F3 category date is July 15, 2003. Can we file the I-485 in April or wait till May (when hopefully our date becomes current)? Also, since our B2 expires on May 11, should we request an extension of our B2 or just let it expire taking for granted that our I-485 will be approved? If we should request the B2 extension, should we do it now or wait till May 1st week? Once we file the I-485, do we need a visa to stay in the US? I understand that if our I-485 is denied by USCIS, we cannot stay in the US - then we plan to leave. We don't want to live in the US illegally.

Filed: Country: Vietnam (no flag)
Timeline
Posted

Applying before you are eligible to adjust will result in a denial. So, applying to adjust in April before your PD is current will get you a denial.

What is your reason for wanting to extend your B-2? Waiting for your PD to become current is not a valid reason to extend the B-2. Why do you need more time in the US? Why was 6 months not enough?

If your PD becomes current in May, then you may apply to adjust and you will not need another visa.

 
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