My Wife Is An Immigrant, Have A Few Questions About Immigration!?

Question

I met my wife in college we have been dating for the past 3 years, we finally got married in June, and filed all the appropriate paperwork for immigration, now her VISA is up on Sept. 15th, does she have to leave the country? Or can she now stay? I am confused as to how this plays out from here? Can anyone offer me any help?

Answer 1

She can NOT leave the country while she has an immigration petition pending. You should have a receipt from the USCIS. Now it is a waiting game. Good Luck!

Answer 2

Do not let her leave. As long as you have a valid receipt from immigration showing that you filed paperwork before her visa was expired then she can stay until Immigration gets back to you with a decision.  She is 100% legal until this decision comes through.

Answer 3

If you filed then she's 100% legal until a ruling has been made on the papers you filed.  You should have your receipt from USCIS to prove that there is a pending petition.

Under NO circumstances should she leave the US.

Answer 4

My experience with immigration says you should make sure you 1) double check all your paperwork and dates (they made a big mix-up on ours) and 2) Go through whatever trouble you need to to check the status of your claim.  If they make mistakes you pay for it. So although you'll probably be "sitting and waiting" make sure everything is perfect and check on your status online or by phone or by going in the office - however you can. You don't want any unexpected surprises.

You've probably already been on this website but I'll throw it out there:

http://travel.state.gov/visa/visa_1750.h...

http://www.usa.gov/Citizen/Defense/Citiz...

http://www.unitedstatesvisas.gov/visapol...

Good luck to you..my (ex) husband got his green card after a lot of hassle and a lot of money. I'm thinking after three years? I'm American, and I'm REALLY  embarrassed by our Immigration department. They were horrible.  

Answer 5

If you are the US Citizen and filed for her all together I-130, I-485, I-765, I-131, along the others, and she got Receipt Notice of I-485, she doesn't have to leave US even after her visa expires. With Receipt Notice of I-485 she is Pending AOS status which is totally legal.

If you are the US Permanent Resident and filed for her I-130 and either is it pending or approved with Piority Date, and PD is not yet current according to Visa Bulletin, she has to leave US before I-94 expires.

http://travel.state.gov/visa/frvi/bullet...

Otherwise, she needs other visa to validate her Status or she will be out of status and she cannot wait in US until she is able to file I-485.

http://www.uscis.gov/files/article/A1_en...