Q: Filed I-485 /I-130, 3 weeks be4 my tourist visa expires.If I don't receive a receipt notice be4 expiry,should i leave US
A: If you have filed the adjustment of status application (I485) properly, then your stay in the U.S. is automatically extended until there is a decision on your application, and you have no need to leave the country before your tourist visa stay expires. In fact, if you leave the U.S., you will be "abandoning" your adjustment of status application and you would have to file all over again for permanent residence. You should keep a record of the application and any receipt from FedEx or UPS on delivery prior to the visa expiration.
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A: Assuming you are filing through a USC spouse you do not need to leave and will not be assessed over stay time.
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