Will there be an issue if the I-130 was filed after the I-94 expires?

UPDATED: Feb 24, 2012

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Will there be an issue if the I-130 was filed after the I-94 expires?

If a US citizen married a foreign national who’s on tourist visa, will there be an issue if the I-130 was filed long after the I-94 expired? The couple went on a long honeymoon but was only able to file more than a month after the I-94 expired. Is that okay?

Asked on February 24, 2012 under Immigration Law, California


SB, Member, California / FreeAdvice Contributing Attorney

Answered 10 years ago | Contributor

As long as the petitioner is a US citizen and the foreign national spouse ENTERED the US lawfully, if the I-130 is filed after the expiration date of the I-94, the foreign national spouse would still be permitted to adjust status within the US without any issues.  But you would need to file the I-485 at the same time as the I-130 to make the foreign national spouse eligible for adjustment of status.

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