Visa Expiring,I-130 No Updates

[Tayten 0]

My wife and I are married, she is from New Zealand and we have submitted our I-130 and I-485 several weeks ago but have yet to hear back on any updates. I was told she would get a new visa to stay on while it is pending. But her current Visa expires in August.

 

My question is, if we don't hear back on anything, is she allowed to stay regardless of would she be overstaying her visa and potentially get into trouble? I would hate for her to have to go back and risk the whole process. I think the person at the post office didn't include an Attn number as well on the envelope. Hopefully this hasn't hindered the process. Thanks.

[Crazy Cat 41,845]

Once a proper I-485 package has been submitted, she will be authorized to stay in the US until the I-485 has been either approved or denied.  She will NOT receive a new visa.  The receipt notice (I-797) for the I-485 is evidence (although it will not state so) of her authorized stay.  

 

Note:  Authorized stay is not a legal status.  It merely prevents unlawful presence from accruing.   Once her I-94 expires, she will be out of status, but in authorized stay. 

Edited July 26, 2023 by Crazy Cat

[Crazy Cat 41,845]

14 minutes ago, Tayten said:

I was told she would get a new visa to stay on while it is pending.

Where were you told this?

[Crazy Cat 41,845]

21 minutes ago, Tayten said:

and we have submitted our I-130 and I-485 several weeks ago

From what status is she adjusting?  I would like to move this thread to the proper forum for better answers you any other questions you might have.

[Mike E 11,739]

1 hour ago, Tayten said:

we have submitted our I-130 and I-485

And what about:

I-131

I-765

I-864

I-693

?

[Tayten 0]

She is on a B2 visitor visa. She has come over after we lived together in New Zealand. We got married in the US. I was recommended this website by a friend who also brought their spouse from another country and went through the immigration process. They said the i-94 would update and she would get a new visa number. If this was confused or not not the case that is fine, I just want to know if she can stay so we don't face any problems. I mainly want to know mailing it off is safe enough, or if I should rely on a receipt notice before she is allowed to continue her stay.

 

We have only submitted the i-130, i-130a, i-485, and i-864 no additional applications. Thanks everyone for the quick replies. It means a lot!

 

 

[SalishSea 17,827]

1 hour ago, Tayten said:

She is on a B2 visitor visa. She has come over after we lived together in New Zealand. We got married in the US. I was recommended this website by a friend who also brought their spouse from another country and went through the immigration process. They said the i-94 would update and she would get a new visa number. If this was confused or not not the case that is fine, I just want to know if she can stay so we don't face any problems. I mainly want to know mailing it off is safe enough, or if I should rely on a receipt notice before she is allowed to continue her stay.

 

We have only submitted the i-130, i-130a, i-485, and i-864 no additional applications. Thanks everyone for the quick replies. It means a lot!

 

 

Without the other forms mentioned, she will have to wait until receiving the GC to work or travel.   Current GC interview wait times can be 18 months, depending on your local field office backlog.

 

Why didn’t you petition her properly when she was in NZ?

 

If you also file for the work permit and travel document, it will still be at least 8 months before she can work, or return to the US if she leaves.   Is she okay with not working for that long?

[Tayten 0]

It's fine if she isn't working, just need to know if she is allowed to stay.

[nastra30 2,284]

2 hours ago, Tayten said:

It's fine if she isn't working, just need to know if she is allowed to stay.

Yes, she has authorized stay, and the I-485 receipt will serve as proof. 

I'll still recommend you file the other forms because they'll be free, and a no-brainer if you ask me.

[Tayten 0]

But if we don't have a receipt yet is it still okay for her to stay?

[Mike E 11,739]

5 hours ago, Tayten said:

But if we don't have a receipt yet is it still okay for her to stay?

Until she has a receipt, after her I-94 expires, her presence is in a grey area.

 

You submitted more than 2 weeks ago and an I-485 receipt should have been returned by now. How did you pay?

[Tayten 0]

Personal checks in the mail with applications.

[Mike E 11,739]

34 minutes ago, Tayten said:

Personal checks in the mail with applications.

1. Have the checks been cashed?

 

2. Did you  mail with tracking?

[Chancy 6,241]

*** Moved from Bringing Family of USC forum to AOS from Work/Student/Tourist Visas forum ***

 

18 hours ago, Tayten said:

We have only submitted the i-130, i-130a, i-485, and i-864 no additional applications.

 

Once you get the I-485 receipt notice, I strongly recommend filing the I-765 and I-131 as well.  They are (still) free to file, with a copy of the I-485 receipt.