question for soldiers wife

[bronca]

My son is a US solider who married a filipino woman in Korea in 2005. His wife entered the US with a B1/B2 visa exp. date sept.2015 however her I-94 departure record was stamped with a mar.2006 exp. date. I am confused by this and I am not sure if this needs to be addressed. My son has been deployed overseas so he is not here to take care of this matter, but he did give me power of attorney before he left. What (if anything) should we be doing to clear this up. My son and his wife have a baby so taking care of this is a priority for me.

Thank you for your time
KC

[curiousone]

her visa expiation date has nothing (at least in this case) to do with her period of authorized stay. A visa is issued by the US Embassy and it allows the person to travel to the US. An immigration officer at the port of entry, is the only person, despite the presence of the visa, to determine the period of stay. In the case of a B visa holder, the usual period of stay is 180 days, calculated ferom the date of entry. her marriage to s US soldeir grants her no special privilege, in fact it is oemwhat of a disadvantage and she could be refused entry ( not saying she will be!) if the offcier feels that she has no plans to leave the US.

Hope you understand the distinction. Her husband needs to file a I-130 and !-485 to allow her to stay. When her I-94 expires, if there is no I-485 filed, she will become illegal.