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I-130 GC upgrade US citizen...
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...
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...
