I-130 GC upgrade US citizen...

[bbd888]

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I recently just got my US citizenship through naturalization, a couple months back when I was still a resident alien I filed I-130 for my spouse. I called USCIS to ask questions (status) about that I -130 petition, in the process the agent upgraded my I-130 petition for my spouse to I-130 petitioned by a US citizen. My dilemma is that 2 months from now my spouses’ I-94 will be expiring, this would mean that she will be out of status when that time comes.

My questions are: (1) does she have to leave the country (USA) before her I-94 expires, or can she stay and wait for the approval or result of my I-130 petition? (2) If she stays here and wait, would her stay here be legal or illegal? And is this going to be a problem in the future when we apply for I-485 adjustment of status?


Please advise...

[flachiri]

I-130

As far as I know, she can stay and is not illegal. I did the same thing, but she should not leave the country until she get the green card or if she does she might have to stay in her country until she gets the green card.