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I have a friend of a Permanent Resident cardholder. His wife is a B1 visa holder and her visa is current. It will expire in October. If she does adjustment of status and her visa expires while the process is continuing will she have any problems? Also, does she need to fill out form I-130 and I-130A?

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If she's been in the US past what was allowed on the I-94 permit, she's already overstaying -unlawful presence-. The expiration date of the visa is irrelevant. 

 

The spouse of an LPR cannot adjust status with unlawful presence. She must leave the country and depending on the length of the overstay, a 3 years, 10 years or permanent bar will apply. 

 

Source: https://www.uscis.gov/legal-resources/unlawful-presence-and-bars-admissibility

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Posted (edited)
1 hour ago, maggy_0035 said:

I have a friend of a Permanent Resident cardholder. His wife is a B1 visa holder and her visa is current. It will expire in October. If she does adjustment of status and her visa expires while the process is continuing will she have any problems? Also, does she need to fill out form I-130 and I-130A?

Yes, big problems.   Visa expiration is irrelevant,  it is the i94 expiration.   The spouse of a LPR cannot adjust if out if status,  that is only allowed if petitionner is a USC 

Edited by payxibka

YMMV

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An I-130 packet can be filed at any time. This packet includes an I-130A for a spouse.

 

If she has overstayed her I-94, then she is ineligible for AOS. She needs to leave and complete processing abroad. If she leaves before 180 days of overstay, there is no ban.

 

If she is still within her I-94 duration, then the I-130 packet + an I-485 (AOS) packet can be filed concurrently under the current visa bulletin dates. If her I-94 expires after filing, she can remain in the US pending adjudication of the I-485.

 

The expiration date of her visa has no bearing on the matter.


Timelines:

Spoiler

AOS (I-485 + I-131 + I-765):

9/25/17: sent forms to Chicago

9/27/17: received by USCIS

10/4/17: NOA1 electronic notification received

10/10/17: NOA1 hard copy received. Social Security card being issued in married name (3rd attempt!)

10/14/17: Biometrics appointment notice received

10/25/17: Biometrics

1/2/18: EAD + AP approved (no website update)

1/5/18: EAD + AP mailed

1/8/18: EAD + AP approval notice hardcopies received

1/10/18: EAD + AP received

9/5/18: Interview scheduled notice

10/17/18: Interview

10/24/18: Green card produced notice

10/25/18: Formal approval

10/31/18: Green card received

 

K-1:

Spoiler

I-129F

12/1/17: sent

12/14/17: NOA1 hard copy received

3/10/17: RFE (IMB verification)

3/22/17: RFE response received

3/24/17: Approved!

3/30/17: NOA2 hard copy received

 

NVC

4/6/2017: Received

4/12/2017: Sent to Riyadh embassy

4/16/2017: Case received at Riyadh embassy

4/21/2017: Request case transfer to Manila, approved 4/24/2017

 

K-1

5/1/2017: Case received by Manila (1 week embassy transfer??? Lucky~)

7/13/2017: Interview: APPROVED!!!

7/19/2017: Visa in hand

8/15/2017: POE

 

 

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On 8/5/2019 at 4:35 PM, aaron2020 said:

When does her I-94 expire?  How long has she been in the US?  Expiration date on the visa is irrelevant. 

I just got informed her I-94 is the one expiring in October. 

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On 8/5/2019 at 4:27 PM, geowrian said:

An I-130 packet can be filed at any time. This packet includes an I-130A for a spouse.

 

If she has overstayed her I-94, then she is ineligible for AOS. She needs to leave and complete processing abroad. If she leaves before 180 days of overstay, there is no ban.

 

If she is still within her I-94 duration, then the I-130 packet + an I-485 (AOS) packet can be filed concurrently under the current visa bulletin dates. If her I-94 expires after filing, she can remain in the US pending adjudication of the I-485.

 

The expiration date of her visa has no bearing on the matter.

Ok, so she can file the AOS packet thru her Permanent Resident husband and if October comes along and her I-94 expires  her process will still be ok? 

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