Since my wife wants to go for her green card but she only has 30 left in the country on her tourist visa, if we file an I-130 together with an I-485 does she have to stay in the country?

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Since my wife wants to go for her green card but she only has 30 left in the country on her tourist visa, if we file an I-130 together with an I-485 does she have to stay in the country?

And, if so, how does she get around overstaying her visa?

Asked on January 14, 2014 under Immigration Law, Washington

Answers:

Harun Kazmi / Kazmi and Sakata Attorneys at Law

Answered 7 years ago | Contributor

Hello. If you file the applications appropriately, the filing will "stay" her status and she will be authorized to stay beyond her I-94 expiration. She is in this period of authorized stay until the case is approved or denied. If you need any assistance with the filing, you can contact me for a free consultation or additional assistance. [email protected] 


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