What happans if my spouse goes back home while her case is pending?

Get Legal Help Today

 Secured with SHA-256 Encryption

What happans if my spouse goes back home while her case is pending?

I’m a US lawful permanent resident becoming a citizen next year. I’m married to a F-1 student. I filed an immigration petition (I-130) for my spouse 10 months ago. So we have been waiting for the immigrant visa number to become current. Can she wait there? We worry because her I-20 will expire in 8 months, she will be studying in language school for 3 years by that time and probably won’t be able to get a new I-20. That means that she won’t be able to maintain her legal status here?

Asked on January 7, 2013 under Immigration Law, New York

Answers:

FreeAdvice Contributing Attorney / FreeAdvice Contributing Attorney

Answered 8 years ago | Contributor

So long as your spouse's visa is current for this country she can come and go as she pleases. The concern is that if her visa expires while outside this country she will be unable to return to it. She can wait for the status of the I-130 visa from outside this country.


IMPORTANT NOTICE: The Answer(s) provided above are for general information only. The attorney providing the answer was not serving as the attorney for the person submitting the question or in any attorney-client relationship with such person. Laws may vary from state to state, and sometimes change. Tiny variations in the facts, or a fact not set forth in a question, often can change a legal outcome or an attorney's conclusion. Although AttorneyPages.com has verified the attorney was admitted to practice law in at least one jurisdiction, he or she may not be authorized to practice law in the jurisdiction referred to in the question, nor is he or she necessarily experienced in the area of the law involved. Unlike the information in the Answer(s) above, upon which you should NOT rely, for personal advice you can rely upon we suggest you retain an attorney to represent you.

Get Legal Help Today

Find the right lawyer for your legal issue.

 Secured with SHA-256 Encryption