Can GC Holder's Spouse Live in US While I-130 Pending !!

A

Atique.Rahman

Registered Users (C)
I know a guy who's a GC holder & his wife is here in US with a tourist visa. Now that guy is trying to file I-130 for his wife. As we all know GC based I-130 is a consuler processing & takes couple of years to process. Now my question is her I-94 as a tourist is for six months stay ( Extension could be requested for a little extra time ). But the guy's citizenship will have to wait another couple of years. At this situation is it OK for the girl to stay in US? What is advisable ?
Atique.
 
Spouses of green card holders are not legally allowed to stay in the US beyond the time granted on their I-94, unless they have an I-485 in progress (and she won't become eligible to file I-485 before her I-94 expires).

The extension will almost surely be rejected; B1/B2 extensions are seldom granted for spouses of permanent residents.
 
TheRealCanadian said:
Not right. They can apply for the I-485 once the priority date is current, which takes several years.
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And the spouse of the GC holder must be in the US legally to be eligible to file the I-485. They're not going to be allowed to stay legally with a B1/B2 for years while waiting for the priority date to become current.
 
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