Travel Restriction on B2 Married to GC, please help

sm87654321

Registered Users (C)
I am a green card holder. I will be eglible for citizenship in a year. My wife has multiple entry B-2 visa expiring in 2004. We got married on one of her visits in US recently. Queations are:

1) Can she continue to get in and out of US by her B-2 visa before I file I-130 for her? What is the chance that she is barred from entering at port of entry?
2) Can she continue to get in and out of US by her B-2 visa after I file I-130 for her? What is the chance that she is barred from entering at port of entry?
3) If she overstays her I-94, is it a problem for her to apply for GC based on my GC status assuming I do not apply for citizeship?
4) If she overstays her I-94, is it a problem for her to apply for GC based on my future citizenship?
5) when does 30-day B2 stay-time become effective?
Thank you for your input.
 
maybe

1) she might be able to continue using her B2 for visits, she might be stopped at the port of entry. depends on the inspector's call: does she demonstrate intention of returning home at end of visit?
2) same answer as 1.
3) assuming you do not apply for citizenship, it could be a problem to overstay her I-94.
4) Once you become a citizen rules are slightly different: less of a problem to overstay.
5) 30-day period is already in place. which ports of entry that are limiting visitor how many to 30-day period is unknown at present.

Overstaying the I-94 date could cause several problems, depending on whether INS finds her. In Post 9/11 USA, getting caught is not worth the risk.
 
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