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I-485 Question for Expiring visitor visa

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  • I-485 Question for Expiring visitor visa

    My wifes visitor visa expires on the 30th of December 2009. I have filed for her i-130 and that is pending. I have also mailed out the i-485. USCIS has already taken the $1100 from our bank and it has been cleared.

    I am wondering if my wife will still need to go back to Canada on the 30th or can she stay while we get a response from USCIS? Is that considered a "pending status?" They already have our application... Please help. I am lost.

  • #2
    aaSrar. wife on visitor Visa.

    Hello, aaSrar, since you have your wife's I485, filed, wait for your receipt.
    Since your wife is here in the States and she has filled I485, her status has automatically changed to pending, immigrant. If she travels to Canada, she may be considered to have abandoned her petition, and on re-entry, she will need a new I-94, it is in her best interest to stay with her husband.

    Thanks
    lionofafrica.

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