Mailed concurrent i-130 and i-485, B2 visa expire before receipt

[spousevisa7492 0]

Hi. My spouse's B2 visa expires this 24th. I mailed the i-130 and i-485 concurrently with electronic receipt. Haven't gotten receipt yet but is she allowed to stay while we wait? What happens if it is rejected? How long does she have to leave?

 

[Crazy Cat 42,416]

Did you also file an I-131?

[spousevisa7492 0]

Just now, missileman said:

Did you also file an I-131?

I excluded it because we didn't have plans to travel. 

[Mike E 11,742]

36 minutes ago, spousevisa7492 said:

Hi. My spouse's B2 visa expires this 24th. I mailed the i-130 and i-485 concurrently with electronic receipt. Haven't gotten receipt yet but is she allowed to stay while we wait? What happens if it is rejected? How long does she have to leave?

 

Really a bad idea to not have filed for Advance Parole and Employment Authorization since they were freebies. Not sure if you have to pay now if you change your mind (and you will).

 

She is in a limbo period where between Feb 25 and when USCIS logs the receipt of the I-485 in their system, she has overstayed. Since the post mark of your submission will (presumably) be at or before Feb 24, she will be OK, assuming USPS doesn't lose the packet. If it did, hopefully you obtained a proof of mailing.

 

She should stay at home from Feb 25 to the day the I-797 is received. Once it is received, make lots of electronic and physical copies, keep the original safe, and she will be safe to leave the house with a paper copy of the I-797.

 

If she leaves the USA before she gets her Advance Parole (which you didn't apply for) or green card approval, she will be deemed to have abandoned her application, and since she has clear immigration intent, will not be admitted back to the USA.

Edited February 22, 2020 by Mike E

[geowrian 22,338]

42 minutes ago, Mike E said:

Not sure if you have to pay now if you change your mind (and you will).

No fee to file afterwards. Send the I-485’s NOA1 in lieu of payment.

[spousevisa7492 0]

2 hours ago, Mike E said:

Really a bad idea to not have filed for Advance Parole and Employment Authorization since they were freebies. Not sure if you have to pay now if you change your mind (and you will).

 

She is in a limbo period where between Feb 25 and when USCIS logs the receipt of the I-485 in their system, she has overstayed. Since the post mark of your submission will (presumably) be at or before Feb 24, she will be OK, assuming USPS doesn't lose the packet. If it did, hopefully you obtained a proof of mailing.

 

She should stay at home from Feb 25 to the day the I-797 is received. Once it is received, make lots of electronic and physical copies, keep the original safe, and she will be safe to leave the house with a paper copy of the I-797.

 

If she leaves the USA before she gets her Advance Parole (which you didn't apply for) or green card approval, she will be deemed to have abandoned her application, and since she has clear immigration intent, will not be admitted back to the USA.

Are you referring to the i-797C? The one that says they have received it and its pending essentially?
So I need to have that before she is considered "legal"? Does that mean she is not legally allowed here until I receive that? And carrying it on her at all times is like a pre caution in case she is stopped and needs to provide evidence?

 

[Mike E 11,742]

6 hours ago, spousevisa7492 said:

Are you referring to the i-797C? The one that says they have received it and its pending essentially?
So I need to have that before she is considered "legal"? Does that mean she is not legally allowed here until I receive that? And carrying it on her at all times is like a pre caution in case she is stopped and needs to provide evidence?

 

Yes * 5

[Crazy Cat 42,416]

14 hours ago, spousevisa7492 said:

Are you referring to the i-797C? The one that says they have received it and its pending essentially?
So I need to have that before she is considered "legal"? Does that mean she is not legally allowed here until I receive that? And carrying it on her at all times is like a pre caution in case she is stopped and needs to provide evidence?

 

Once a person's I-94 has expired, he/she is out of status and subject to deportation.....married or not......but once he/she submits the I-485, he/she is granted "authorized stay" by the US Attorney General while the I-485 is pending.  The I-797 is proof of having submitted the I-485 (carrying it allows the receipt number to be traced in needed).  "Authorized stay" is not a legal status, but it is a period in which the person is not accruing unlawful presence.  This article does a pretty good job of explaining it.

 

https://www.murthy.com/2018/12/17/differences-between-lawful-status-period-of-authorized-stay-unlawful-presence-2/

Edited February 23, 2020 by missileman

[spousevisa7492 0]

On 2/23/2020 at 7:16 AM, missileman said:

Once a person's I-94 has expired, he/she is out of status and subject to deportation.....married or not......but once he/she submits the I-485, he/she is granted "authorized stay" by the US Attorney General while the I-485 is pending.  The I-797 is proof of having submitted the I-485 (carrying it allows the receipt number to be traced in needed).  "Authorized stay" is not a legal status, but it is a period in which the person is not accruing unlawful presence.  This article does a pretty good job of explaining it.

 

https://www.murthy.com/2018/12/17/differences-between-lawful-status-period-of-authorized-stay-unlawful-presence-2/

Right. What I'm asking is...  is the I-485 considered pending from the moment I mail it, or only when I receive the I-797? Because although we mailed it before her B2 ended, we have yet to receive any sort of response/receipt and her B2 is now expired. So is she considered "out of status" and subject to deportation as of this moment? 

Edited February 26, 2020 by spousevisa7492

[payxibka 10,047]

6 minutes ago, spousevisa7492 said:

Right. What I'm asking is...  is the I-485 considered pending from the moment I mail it, or only when I receive the I-797? Because although we mailed it before her B2 ended, we have yet to receive any sort of response/receipt and her B2 is now expired. So is she considered "out of status" and subject to deportation as of this moment? 

Received and receipted 

[Crazy Cat 42,416]

9 minutes ago, spousevisa7492 said:

Right. What I'm asking is...  is the I-485 considered pending from the moment I mail it, or only when I receive the I-797? Because although we mailed it before her B2 ended, we have yet to receive any sort of response/receipt and her B2 is now expired. So is she considered "out of status" and subject to deportation as of this moment? 

She is out of status because her I-94 expired....... The I-797 will be evidence of the "authorized stay".......

 

Edited February 26, 2020 by missileman