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My girlfriend at the time came to the U.S. with a b2 visa. Her visa was good until sept 24 2007. She got pregnant and we married while here. I am a US citizen. her visa has expiried. I applied for the I-130 for her in sept of 2007. After doing some more research I think I was supposed to file her I-485 before the visa was up. Will she be penalized as an overstay? I read somewhere that she has upto 180 days after her visa is expired before gets penalized...or did I read that wrong. Is it to late to file her I485? HELP!?!? very confused
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You can file the I-485 right away with a copy of the I-130 approval or the receipt. Then she will be in "AOS pending" status.Disclaimer: The information you obtain from me at this forum is not, nor is it intended to be, legal advice. You should consult an attorney for individual advice regarding your own situation.Comment
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