Military spouse VWP deportation??

[Phillip Aubin]

I'm active Army and I'm trying to get my wife a green card. We have most of the paperwork done and just waiting on the medical exam and affidavits from friends. We are filing the 130 and 485 concurrently. Her 90 days is up 16th of April and we will send in the packet this friday. My question is : Since the President passed the policy of not deporting military spouses in 2013, does that mean that if we don't get an approval for her 485 before April 16th, is she required to leave (and screw everything up), or will she be allowed to stay? FYI I am natural born US citizen, if that makes any difference.

[rayb]

There is legal precedent for VWP entrants with "immediate relatives of U.S. citizens" basis being allowed to convert status even after VWP status has expired.

There is no particular reason for you to expect any problems while being processed, IF YOU GET THE PAPERWORK SUBMITTED.

--RayB

I'm active Army and I'm trying to get my wife a green card. We have most of the paperwork done and just waiting on the medical exam and affidavits from friends. We are filing the 130 and 485 concurrently. Her 90 days is up 16th of April and we will send in the packet this friday. My question is : Since the President passed the policy of not deporting military spouses in 2013, does that mean that if we don't get an approval for her 485 before April 16th, is she required to leave (and screw everything up), or will she be allowed to stay? FYI I am natural born US citizen, if that makes any difference.