Will my wife need a pardon?

[treyfort 4]

My wife and I are getting ready to mail in the I-130 and the I-485...she is here on a tourist visa that will expire on Dec. 7th...I have been told that once we file these papers that my wife's expiration date does not matter we will just be waiting on the response to the papers...but I have a question...do we need to file a pardon also since she will be over staying her tourist visa or will the I-130 and the I-485 be all we need in order to avoid her expiration date?

[Fandango 1,440]

My wife and I are getting ready to mail in the I-130 and the I-485...she is here on a tourist visa that will expire on Dec. 7th...I have been told that once we file these papers that my wife's expiration date does not matter we will just be waiting on the response to the papers...but I have a question...do we need to file a pardon also since she will be over staying her tourist visa or will the I-130 and the I-485 be all we need in order to avoid her expiration date?

Here's a Q....when she entered the US, did she do so intending to marry you and then just adjust status?

[Harpa Timsah 13,258]

No, there is no penalty for immediate relatives of US Citizens for overstaying a valid visa. You do not need to file a 485a, or whatever "pardon" you are thinking of.

[Kitten24 5]

No, she won't need a pardon but I think you have to file not before her visa expires but before her allotted stay expires. They normally give people 6 months from the time they enter the US.

[Harpa Timsah 13,258]

No, she won't need a pardon but I think you have to file not before her visa expires but before her allotted stay expires. They normally give people 6 months from the time they enter the US.

No, they can file after her authorized stay expires.

[Kittyfang 6]

No, they can file after her authorized stay expires.

That's true. Many people have successfully filed while having an overstay (being here longer than they are allowed to).

Edited November 8, 2010 by Kittyfang

[Harpa Timsah 13,258]

I know, that's what I said!

[Kittyfang 6]

I know, that's what I said!

Yup, I know, just adding that many people, here on VJ, successfully adjusted. Wasn't trying to copy you, just add more weight to it.

[Harpa Timsah 13,258]

You can copy me all you want! I thought you thought I said the opposite. No matter!

[visacat 1]

Even though you can file after the authorized stay expires I would recommend sending in the papers before 7th December.

As we all know the current changes which could affect a visa waiver overstay

[Harpa Timsah 13,258]

The OP isn't on visa waiver. She has a valid visa. Better to not overstay, but it won't affect the application if you do.

NOTE: This advice does not apply for visa waiver people. Better?

[ValerieA 350]

Even though you can file after the authorized stay expires I would recommend sending in the papers before 7th December.

As we all know the current changes which could affect a visa waiver overstay

She's on a tourist visa, not on the VWP, so she should be OK filing later.

[visacat 1]

Its all this banter between harpa and kitty sending me off my game lol

[Used to be broken 147]

My wife and I are getting ready to mail in the I-130 and the I-485...she is here on a tourist visa that will expire on Dec. 7th...I have been told that once we file these papers that my wife's expiration date does not matter we will just be waiting on the response to the papers...but I have a question...do we need to file a pardon also since she will be over staying her tourist visa or will the I-130 and the I-485 be all we need in order to avoid her expiration date?

You said earlier your wife came on a tourist VISA but did not intend to stay. I am guessing they will ask you and her about this at the interview.

So if she entered with intent to go back which is the opposite of entering on a tourist VISA with the intent to immigrate (immigration fraud), wouldn't she have to give notice at her job and her apartment and pack her things and settle her affairs? How does she plan to do that if your wife overstays to stick around and adjust status?

[JimVaPhuong 4,863]

You said earlier your wife came on a tourist VISA but did not intend to stay. I am guessing they will ask you and her about this at the interview.

So if she entered with intent to go back which is the opposite of entering on a tourist VISA with the intent to immigrate (immigration fraud), wouldn't she have to give notice at her job and her apartment and pack her things and settle her affairs? How does she plan to do that if your wife overstays to stick around and adjust status?

That may also come up at the interview.