visa overstay 2

E

ENERAREVIR

Registered Users (C)
In order to clarify my previous post, I will add the following.

I am a native born US citizen. My wife is a Venezuelan national.

I came to the US a while back and had difficulty obtaining employment. Once I was gainfully employed, she came to the join me on a visitor's visa. This was done so she could reunite with me as soon as possible.

Since her arrival, I've submitted an I-130 on her behalf. I have received a receipt notification number for said application, but it seems that it will take a very long time to clear. In the meantime, her I-94 limit date is August 10, 2004.

We are very concerned about not doing the right thing. I don't want to do something wrong and wind up having her penalized for an illegal overstay past her I-94 limit.

I initially understood that her I-130 application as my lawfully wedded wife would allow her to remain in the US until a final response was recieved. Lately, however, I've gotten different ideas and opinions on the subject.

MY financial situation is rather tight and I would like to be able to have an idea of what to do without spending unnecessarily on a lawyer.

My burning question is therefore: Will she have to leave as per her I-94, or is there a way that she can remain in the US pending her I-130?
 
Just apply for I-485 before the expiry of her visitor visa. Please note that Visitor visa expiry date is on her I-94.
 
Originally posted by ENERAREVIR
In order to clarify my previous post, I will add the following.

I am a native born US citizen. My wife is a Venezuelan national.

I came to the US a while back and had difficulty obtaining employment. Once I was gainfully employed, she came to the join me on a visitor's visa. This was done so she could reunite with me as soon as possible.

Since her arrival, I've submitted an I-130 on her behalf. I have received a receipt notification number for said application, but it seems that it will take a very long time to clear. In the meantime, her I-94 limit date is August 10, 2004.

We are very concerned about not doing the right thing. I don't want to do something wrong and wind up having her penalized for an illegal overstay past her I-94 limit.

I initially understood that her I-130 application as my lawfully wedded wife would allow her to remain in the US until a final response was recieved. Lately, however, I've gotten different ideas and opinions on the subject.

MY financial situation is rather tight and I would like to be able to have an idea of what to do without spending unnecessarily on a lawyer.

My burning question is therefore: Will she have to leave as per her I-94, or is there a way that she can remain in the US pending her I-130?
Click to expand...


Since you are a US citizen your wife comes under "immediate relatives" category. You can therefore file for "Adjustment of Status" form I-485 for her immediately. In fact you should do so right away because filing I-485 allows her to stay in the US until immigration authorities make a final decision. Along with 485 you should also file for Employment authorization (form I-765) and Advance parole (form I-131) if applicable. Employment authorization allows her to seek employment in the US and Advance parole allows her to travel outside US and return while her immigration petitions are pending. Without Advance parole she has no means to return to US after a travel abroad and her visitor visa is automatically voided after filing I-485.
 
You must log in or register to reply here.
Top