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

Get Legal Help Today

 Secured with SHA-256 Encryption

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

Answers:

SB, Member, California / FreeAdvice Contributing Attorney

Answered 9 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.


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