Can GC holder's B-1 wife stay in US while applying for GC

H

hzhou11

New Member
I am currently green card holder (in the process of applying for US Citizenship though I may have to wait for a couple of more months). My wife is visiting me here on a B-1 visa. If I submit for her I-130 now, could she stay in the US legally while waiting for her I-130 approval.

Thanks for your help.
 
hzhou11 said:
I am currently green card holder (in the process of applying for US Citizenship though I may have to wait for a couple of more months). My wife is visiting me here on a B-1 visa. If I submit for her I-130 now, could she stay in the US legally while waiting for her I-130 approval.

Thanks for your help.
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No. Once your wife's B-1 visa expires, she is out of status.
 
Use my advice at your own risk:

A person who has been in the country illegally marries a US Citizen, USCIS forgives the illegal past stay. The spouse has to stay in the country until his/her green card arrives. Having said that - if the person leaves the country or is deported, that person may face 3 or 10 year ban.
 
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