What to do if H4 Out-of-status?

[blazer43201]

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.

 

[TheRealCanadian]

1. Is my wife our of status immediately? (or unlawfully present? what's the difference?)

She is out of status, effective when your I-485 was approved. She is not accuring illegal presence until her I-94 expires.

What choice does my wife have? Does she have to leave the country?

Since your PD is current, she needs to file an I-485 ASAP, at which point she becomes legal and can stay and travel using AP.

 

[blazer43201]

TheRealCanadian

Thanks for the answer. Just back from my lawyer. She wanted me to file AOS ASAP too. I am just wonder how much does UCSIS care that when my wife file 485, she's out-of-status, even just for a few days. Is it risky? Have you heard any similiar case that applicants are out-of-stauts at the time of application and how are the problems solved? Thanks.

 

[TheRealCanadian]

I am just wonder how much does UCSIS care that when my wife file 485, she's out-of-status, even just for a few days. Is it risky? Have you heard any similiar case that applicants are out-of-stauts at the time of application and how are the problems solved?

If you're an employment-based applicant, then she can be out of status for up to 180 days and have her I-485 approved, because of 245k. This isn't a discretionary or "risky" thing; USCIS is forbidden to deny the I-485 application on the grounds that she was out of status.