What to do if H4 Out-of-status?

B

blazer43201

Registered Users (C)
Our situation is like this. My wife came to the U.S. four days ago. I haven't had
a chance to add her to my AOS status yet. Today I got an email from USCIS saying
that my AOS has been approved. So my wife seems to be out-of-status. What a drama.
I have been waiting for name check to be claeared for 2+ years. The it went through
at such an inconveinent time. Any way, my question is:

1. Is my wife our of status immediately? (or unlawfully present? what's the difference?)
2. What choice does my wife have? Does she have to leave the country?
3. Is it OK if she leave U.S. in one or two months instead of immediately? I want to make
sure that her staying a little longer won't have any bad impact on her entering U.S. in
the future.

Thanks a lot.
 
She is not an illegal immediately She has 90 days from the day the visa expired to leave or apply for a new visa or apply for extension of her present status.

So add her immediatley and follow the procedures ASAP.
 
1) she goes out of status as soon as you got GC. Currently she is out of status.
2) talk to lawyer.. 245(k) may make her eligible to AOS. 245(k) says one who violates visa status for less than 180 days aggregated time is still eligible to AOS, but it did not say one who is currently out of status is eligible to that. Confirm this part with lawyer.
3) Longer out-of-status won't do anything better. talk to lawyer and if it is concluded that leaving is better option, do so as soon as possible.
 
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Blazer43201,

If you were married before your greencard got approved then you can add her to your approved application.

1) Since her H4 was related to your H1 then she has fallen out of status as you no longer have H1.

2) Read this thread

http://www.uscis.gov/graphics/howdoi/appproc.htm#Following[/url]

it will give you detailed information about what to do next.

3) I think there is a grace period, but you might be able to adjust her status in the States. I think form I-485, part 2, #b applies to you. Of course thats only if you were married before your greencard was approved, even a day before, just not a day after.

I would talk to a couple of lawyers also just to be sure, but from what i have read you can adjust your wifes status as long as you were married before the approval.

Good Luck

HRH
 
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Thanks for you guys answer.
Our marriage is before my 485 approval. Can she file her own I-485 based on our marriage even she is out of status?

BTW,
PD - 5/2001
485 RD - 02/2004
Finger print three times
 
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