ESTA waiver

gaborsz

New Member
Hi,
I'm a green card holder and i filed the I-130 for my wife a week before her ESTA 90 days expired. Is that a problem she didn't go back because i only have the green card?
 
You're not a US citizen, so she's not eligible for a marriage-based I-485 at this time, and the I-130 without I-485 grants no status so she will accumulate illegal presence once the 90 days are expired. It's definitely a problem if she stays past the 90 days allowed by the visa waiver.
 
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