H1-B expired but recieved I-797

[lalitisbhatia]

I filed my wife's I-130 (appliaction for immigration) a couple of months before her H1-B expired, while she was in the US. Her H1-B is now expired.
I've recieved an approval notice ( I-797) saying that she needs to file I-485 but is not eligible at this time. What does it mean. Is she now illegal? And how/when does she become eligible to file I-485? (As of aug 6th, I'm a US citizen and my wife is a UK citizen)
Any help will be greatly appreciated.

Lalit

 

[tammy2]

I filed my wife's I-130 (appliaction for immigration) a couple of months before her H1-B expired, while she was in the US. Her H1-B is now expired.
I've recieved an approval notice ( I-797) saying that she needs to file I-485 but is not eligible at this time. What does it mean. Is she now illegal? And how/when does she become eligible to file I-485? (As of aug 6th, I'm a US citizen and my wife is a UK citizen)
Any help will be greatly appreciated.

Lalit

When did you apply for her I-130? Does your marriage took place after getting the GC?
I yes then
As of now priority date is somewhere in 2000. Legally she cannot stay in US once her visa is expired.
But since you are getting the citizenship on August 6 she will come in the immediate relative category, which is current. Then you may need to apply for I-130 and I-485. I do not know whether you can use approved I-130.