Spouse Green Card Application while I94 expires

[tellme6926]

Hi,

Scenario:

1. Husband is going through Citizenship oath on May 29
2. Wife in US on visitor Visa with 1-94 expiring on June 10

Question:

1. Once husband receives Citizenship can he immediately on May 30 apply for wife's green card?
2. Can wife continue to remain in US after GC application has been filed (even though the I-94 has expired)?

 

[GhantaBro]

Hi,

Scenario:

1. Husband is going through Citizenship oath on May 29
2. Wife in US on visitor Visa with 1-94 expiring on June 10

Question:

1. Once husband receives Citizenship can he immediately on May 30 apply for wife's green card?
2. Can wife continue to remain in US after GC application has been filed (even though the I-94 has expired)?

Yeah, Yeah... just that in GC interview, they may question her intent of visiting US... but it should be fine... It is easy for H1 and even F1 visa people to get their spouses here, but not people who are in GC... that is one stupid rule.

 

[Bobsmyth]

Hi,

Scenario:

1. Husband is going through Citizenship oath on May 29
2. Wife in US on visitor Visa with 1-94 expiring on June 10

Question:

1. Once husband receives Citizenship can he immediately on May 30 apply for wife's green card?

Yes.

2. Can wife continue to remain in US after GC application has been filed (even though the I-94 has expired)?

Yes, it's been covered here before. The only thing is she can't leave country until AOS is approved.