I130 filed and waiting for a confirmation, I94 expires within days . What to do?!!

[Natalia&Ovi]

Hello and thank you for consideration.

My wife came from Colombia with a B2 visa .We got married this July 22, 2022 and her I94 expires on August 18th, 2022. We have filed for I130 and received an email with a notification of receipt. Nothing more.

I do not want to complicate things and I would like to know what are our options in this scenario. Should she leave to Colombia before her I94 expires or should we apply for an additional set of documents?

Thank you for your time.

Ovidiu & Natalia

 

[newacct]

Did she also file I-485? Are you a US citizen or a permanent resident?

 

[Natalia&Ovi]

Did she also file I-485? Are you a US citizen or a permanent resident?

I'm a citizen. We haven't filed for I485 , we were told that's next step once the I300 is filled and USCIS is supposed to send us a confirmation.

 

[newacct]

Did you file I-130 online or by paper?

 

[Natalia&Ovi]

Did you file I-130 online or by paper?

Online and we got a notification of received

 

[newacct]

She does not need to be in status to apply for Adjustment of Status in this category. (She could be out of status for years, and it would not make a difference.) So she should stay in the US, and file I-485 when she has all the materials ready, no matter if this is before or after her status expires. I am not sure whether you can file I-485 with the I-130 online confirmation or whether you have to wait for the paper receipt in the mail (the instructions do say you need a copy of the receipt).