here is my situation: my wife and I ( USC ) got married last October. She is a student, already graduated, her i-20 is about to expire in 1 week( including the 60 days ). If I file the GC application now, will she be illegal to stay in US? because she will be out of status when the documents are being processed.
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Getting GC through marriage but i-20 is about to expire
- Thread starter ritchie75
- Start date
Jackolantern
Registered Users (C)
Once the I-485 is properly filed, she can stay in the legally until it is decided.
Nancy Mervin
Registered Users (C)
Just make sure you get a notice from USCIS after 130 filing and stamp on passport and also file I-131 for travel purposes.
Just make sure you get a notice from USCIS after 130 filing and stamp on passport and also file I-131 for travel purposes.
It's not the I-130 that gives legal status, it's the I-485. But both of them will be filed at the same time in this case.
here is my situation: my wife and I ( USC ) got married last October. She is a student, already graduated, her i-20 is about to expire in 1 week( including the 60 days ). If I file the GC application now, will she be illegal to stay in US? because she will be out of status when the documents are being processed.
Even if you file after she goes out of status, it's not a problem. Overstay (of any length) is not a problem for AOS for the immediate relative of a citizen.