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The length of her period of authorized stay is not dependent on the expriation date of her visa, but the date stamped / written on her I-94 at POE when she enters. The visa expiration date only means that after that day, she cannot use that visa to enter the US anymore. She might be given 6 months when she comes - or she might be given less.

You can apply for a new tourist visa, but I really don't see the point in doing that. There is a fairly big chance it would not be approved as she clearly has intent to immigrate and at that point definitely could not show any ties to China, as she is getting ready to move her life here. Most likely it would be a waste of money and time.

Adjustment of Status from F-1 to Legal Permanent Resident

02/11/2011 Married at Manhattan City Hall

03/03/2011 - Day 0 - AOS -package mailed to Chicago Lockbox

03/04/2011 - Day 1 - AOS -package signed for at USCIS

03/09/2011 - Day 6 - E-mail notification received for all petitions

03/10/2011 - Day 7 - Checks cashed

03/11/2011 - Day 8 - NOA 1 received for all 4 forms

03/21/2011 - Day 18 - Biometrics letter received, biometrics scheduled for 04/14/2011

03/31/2011 - Day 28 - Successful walk-in biometrics done

05/12/2011 - Day 70 - EAD Arrived, issued on 05/02

06/14/2011 - Day 103 - E-mail notice: Interview letter mailed, interview scheduled for July 20th

07/20/2011 - Day 139 - Interview at Federal Plaza USCIS location

07/22/2011 - Day 141 - E-mail approval notice received (Card production)

07/27/2011 - Day 146 - 2nd Card Production Email received

07/28/2011 - Day 147 - Post-Decision Activity Email from USCIS

08/04/2011 - Day 154 - Husband returns home from abroad; Welcome Letter and GC have arrived in the mail

("Resident since" date on the GC is 07/20/2011

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her tourist visa expires oct 30, 2011, does it make sense to apply for another tourist visa for the time being.. the thing is shes pretty much finishing up her life in china to move her, so going back for a long period of time (to china) is out of the question.

She can try applying for one, but it is unlikely it will be approved with the I-130 pending as she has shown an intent to immigrate to the US. A number of people have been successful though. Won't know till you try.

USCIS: CR-1 Visa @ Vermont Service Center (Approved in 140 days from NOA1)

03/07/11: I-130 package sent to Chicago Lockbox

03/14/11: NOA1 via text and email (03/21/11: in the mail); petition routed to VSC

07/27/11: NOA2 via text and email (07/30/11: received in the mail)

08/01/11: Case received at NVC

09/19/11: Case complete and forwarded to consulate

10/19/11: Interview (APPROVED!!!)

11/18/11: POE

12/12/11: 2- year Green Card arrives in the mail

12/22/11: Applied for SSN at local office

12/26/11: SSN arrives in the mail

08/20/13: ROC window opens

10/03/13: I-751 package sent to Vermont Service Center

10/05/13: I-751 Delivered (Signed for by Karen Fitzgerald)

10/09/13: Check cleared bank account

10/11/13: NOA1 received (dated 10/07/13)

10/19/13: Biometrics appointment notice received (dated 10/16/13)

11/12/13: Biometrics appointment in Buffalo, NY

11/15/13: Case transferred to CSC

03/04/14: USCIS case status update: Card/Document Production (i.e. APPROVED!!!)

03/07/14: USCIS case status update: Green Card in the postal system; tracking number

03/08/14: Approval notice arrives in the mail (dated 03/04/2014; USCIS Office: Buffalo, NY)

03/10/14: 10-year Green Card arrives in the mail

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Caly there is no border patrol when leaving the usa... thats why i asked how would they know she overstayed..

Really? You think people can just come and go as they please and there is no record of them entering and leaving the US, or no record of what visa status they originally entered with and how long they were authorized to stay?

Adjustment of Status from F-1 to Legal Permanent Resident

02/11/2011 Married at Manhattan City Hall

03/03/2011 - Day 0 - AOS -package mailed to Chicago Lockbox

03/04/2011 - Day 1 - AOS -package signed for at USCIS

03/09/2011 - Day 6 - E-mail notification received for all petitions

03/10/2011 - Day 7 - Checks cashed

03/11/2011 - Day 8 - NOA 1 received for all 4 forms

03/21/2011 - Day 18 - Biometrics letter received, biometrics scheduled for 04/14/2011

03/31/2011 - Day 28 - Successful walk-in biometrics done

05/12/2011 - Day 70 - EAD Arrived, issued on 05/02

06/14/2011 - Day 103 - E-mail notice: Interview letter mailed, interview scheduled for July 20th

07/20/2011 - Day 139 - Interview at Federal Plaza USCIS location

07/22/2011 - Day 141 - E-mail approval notice received (Card production)

07/27/2011 - Day 146 - 2nd Card Production Email received

07/28/2011 - Day 147 - Post-Decision Activity Email from USCIS

08/04/2011 - Day 154 - Husband returns home from abroad; Welcome Letter and GC have arrived in the mail

("Resident since" date on the GC is 07/20/2011

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Really? You think people can just come and go as they please and there is no record of them entering and leaving the US, or no record of what visa status they originally entered with and how long they were authorized to stay?

:thumbs: What she said.

USCIS: CR-1 Visa @ Vermont Service Center (Approved in 140 days from NOA1)

03/07/11: I-130 package sent to Chicago Lockbox

03/14/11: NOA1 via text and email (03/21/11: in the mail); petition routed to VSC

07/27/11: NOA2 via text and email (07/30/11: received in the mail)

08/01/11: Case received at NVC

09/19/11: Case complete and forwarded to consulate

10/19/11: Interview (APPROVED!!!)

11/18/11: POE

12/12/11: 2- year Green Card arrives in the mail

12/22/11: Applied for SSN at local office

12/26/11: SSN arrives in the mail

08/20/13: ROC window opens

10/03/13: I-751 package sent to Vermont Service Center

10/05/13: I-751 Delivered (Signed for by Karen Fitzgerald)

10/09/13: Check cleared bank account

10/11/13: NOA1 received (dated 10/07/13)

10/19/13: Biometrics appointment notice received (dated 10/16/13)

11/12/13: Biometrics appointment in Buffalo, NY

11/15/13: Case transferred to CSC

03/04/14: USCIS case status update: Card/Document Production (i.e. APPROVED!!!)

03/07/14: USCIS case status update: Green Card in the postal system; tracking number

03/08/14: Approval notice arrives in the mail (dated 03/04/2014; USCIS Office: Buffalo, NY)

03/10/14: 10-year Green Card arrives in the mail

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Your wife is going to need to bring proof of ties to her home country before they let her cross the border, if she doesn't have this they can put her back on a plane home.

I-130 for myself and son sent - 06/04/2011

Chicago lockbox - 06/06/2011

NOA1 email - 06/09/2011

NOA1 DATE - 06/07/2011

NOA1 hard copy - 06/16/2011

Touched - 06/14/2011

NOA2 email for 1 petition (122 days) - 07/10/2011

September 21, 2011 and October 4, 2011*.

Based on timeline data, your I130 may be adjudicated between September 20, 2011 and October 3, 2011*. (22/06/2011)

Based on timeline data, your I130 may be adjudicated between September 16, 2011 and September 25, 2011*. (25/06/2011)

Based on timeline data, your I130 may be adjudicated between September 14, 2011 and September 23, 2011*. (01/07/2011)

Based on timeline data, your I130 may be adjudicated between September 12, 2011 and September 20, 2011*.

Based on timeline data, your I130 may be adjudicated between September 5, 2011 and September 17, 2011*. (24/07/11)

Based on timeline data, your I130 may be adjudicated between September 15, 2011 and September 23, 2011*. (02/09/11)

Based on timeline data, your I130 may be adjudicated between September 21, 2011 and November 3, 2011*

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Filed: Lift. Cond. (apr) Country: China
Timeline

Do it right do not commit fraud, maybe see an attorney if you need to, let the process work follow the rules. Believe me it is tough for all of us to go through the process.

In Arizona its hot hot hot.

http://www.uscis.gov/dateCalculator.html

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so she will enter on a tourist visa with intention to leave obviously with a pending cr-1

does border patrol approve this? simply to visit me and go to a few planned weddings.

She may have problems with CBP, she may not. Even if she has a tourist visa, there are no guarantees that CBP will allow her to enter the country. Best to bring some proof of ties to her country if she has some.

USCIS: CR-1 Visa @ Vermont Service Center (Approved in 140 days from NOA1)

03/07/11: I-130 package sent to Chicago Lockbox

03/14/11: NOA1 via text and email (03/21/11: in the mail); petition routed to VSC

07/27/11: NOA2 via text and email (07/30/11: received in the mail)

08/01/11: Case received at NVC

09/19/11: Case complete and forwarded to consulate

10/19/11: Interview (APPROVED!!!)

11/18/11: POE

12/12/11: 2- year Green Card arrives in the mail

12/22/11: Applied for SSN at local office

12/26/11: SSN arrives in the mail

08/20/13: ROC window opens

10/03/13: I-751 package sent to Vermont Service Center

10/05/13: I-751 Delivered (Signed for by Karen Fitzgerald)

10/09/13: Check cleared bank account

10/11/13: NOA1 received (dated 10/07/13)

10/19/13: Biometrics appointment notice received (dated 10/16/13)

11/12/13: Biometrics appointment in Buffalo, NY

11/15/13: Case transferred to CSC

03/04/14: USCIS case status update: Card/Document Production (i.e. APPROVED!!!)

03/07/14: USCIS case status update: Green Card in the postal system; tracking number

03/08/14: Approval notice arrives in the mail (dated 03/04/2014; USCIS Office: Buffalo, NY)

03/10/14: 10-year Green Card arrives in the mail

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Filed: AOS (pnd) Country: England
Timeline

seriously please read what people have written and let it be absorbed into your head, with no, 'yeah but's' or 'oh but what if' 'maybe this' 'maybe that' - there are none!!!!!!!!!!!!

i'm no immigration expert but i believe she can come on a visitor visa to VISIT but like everyone said she MUST leave when her I-94 expires - MUST MUST MUST!!!!! no overstay

america is probably the hardest country to visit and immigrate to so seriously do not jeopardize that even 0.01% you will regret it!!!!!!

at the embassy there will know ALL you wife's movement's in and out of america so don't lie about it, computers are amazing things.

as for saying her going back to China for a long period of time is a no no, you need to re-think that BIG TIME.

plus when people come on here trying to 'dodge' the system that we've all been through its really irritating!!!!!! its difficult, its supposed to be, other wise everyone would move here, but if you play by the book, the rewards are worth their weight in gold!!!!!!

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