My wife is in the U.S. on a student visa from france, we got married and have filed our I-130, can she stay?
her visa runs out in may, and it will take longer then this we are pretty sure, so she is faced with having to fly back to france and then fly back once she gets the approval... this is expensive and we don't want to have to do that. Can she legally stay here while it is processed? I am a naturally born U.S. Citizen. Thank you whoever can answer this!
Law & Ethics - 1 Answers
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Why on Earth didn't you file the full change of status packet? (I-130, I-485, I-765, I-834 and G-325A). You should have filed EVERYTHING at the same time, in the same envelope. If you'd done that she'd be allowed to stay and work while everything was being processed. Did you list her address as being in France? If not, and she has to go back, how are they going to know where to find her for her physical exam and interview? It's too late to file the I-485 now. If she stays she'll be out of status.
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