Visa Overstay

E

ENERAREVIR

Registered Users (C)
My wife entered USA on visitor's visa so as to reunite with me as soon as possible.

She currently has an I-130 petition pending on her behalf as my spouse.

MY question is if she will need to leave the US once her I-94 expires or if the fact that I-130 is pending and she is my wife will allow her to overstay?

Are there any other forms I should file to remedy this situation?
 
Originally posted by ENERAREVIR
My wife entered USA on visitor's visa so as to reunite with me as soon as possible.

She currently has an I-130 petition pending on her behalf as my spouse.

MY question is if she will need to leave the US once her I-94 expires
---- she has to leave before her I-94 expires or can file Visitor B2 extension if extension gets rejected it will be difficult to get Visitor visa next time. better talk to good lawyer
or if the fact that I-130 is pending and she is my wife will allow her to overstay?

Are there any other forms I should file to remedy this situation?
Click to expand...
 
Originally posted by ENERAREVIR
My wife entered USA on visitor's visa so as to reunite with me as soon as possible.

She currently has an I-130 petition pending on her behalf as my spouse.

MY question is if she will need to leave the US once her I-94 expires or if the fact that I-130 is pending and she is my wife will allow her to overstay?

Are there any other forms I should file to remedy this situation?
Click to expand...
Applying I-130 will not keep your wife in status. Apply I-485 before expiry of here visitor visa.
So that she can stay here on Pendind AOS status. She needs AP to travel out side US.
 
Originally posted by ENERAREVIR
MY question is if she will need to leave the US once her I-94 expires or if the fact that I-130 is pending and she is my wife will allow her to overstay?
Click to expand...

If you are a US citizen she can file her I-485 and remain indefinitely. If not, unless the I-130 is approved and the priority date is current she cannot file the I-485, and she must leave by the expiration date of the I-94.

USCIS will *NOT* extend B status when an I-130 is filed.

If she overstays by more than a single day she will be ineligible to adjust status and must use CP. If she overstays by 180 days she will be subject to a 3 year re-entry bar, by 365 days by the 10 year re-entry bar.
 
Re: Re: Visa Overstay

Originally posted by TheRealCanadian
If you are a US citizen she can file her I-485 and remain indefinitely. If not, unless the I-130 is approved and the priority date is current she cannot file the I-485, and she must leave by the expiration date of the I-94.

USCIS will *NOT* extend B status when an I-130 is filed.

If she overstays by more than a single day she will be ineligible to adjust status and must use CP. If she overstays by 180 days she will be subject to a 3 year re-entry bar, by 365 days by the 10 year re-entry bar.
Click to expand...

For Spouse of US citizen priority date it is current. So she can apply immediately
 
Re: Re: Re: Visa Overstay

Originally posted by tammy2
For Spouse of US citizen priority date it is current. So she can apply immediately
Click to expand...

Maybe I missed something. Where did the original poster say he was a US citizen?
 
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