Married my wife in Guatemala, she entered the US on a B2 visa, we informed CBP our intentions of seeking residence for her and her visa expires in a few months. Does she need to leave the country to extend her time?

Hey We filed our I-130 FILE and were wondering if she really needed to leave or

Asked on May 15, 2016 under Immigration Law, California


SB Member California Bar / FreeAdvice Contributing Attorney

Answered 4 years ago | Contributor

It was really not the right method of entering if she is already legally your spouse but if CBP did not detail her, you can simply apply for her and she will be able to apply for her adjustment of status concurerntly and will not need to leave the US.  However, you should wait for about 90 days after entry for filing.

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