URGENT: Possible Visa Waiver Expires before I-130 is Received?

[05G356MT 0]

Hello,

I am U.S. Citizen by birth filing I-130 (Petition for Alien Relative), I-485 (Adjustment of Status), G-325A (Biographic Info), I-693 (Medical Exam), I-864 (Affidavit of Support) for my wife.

My wife and I were married in Hong Kong and had twins in Hong Kong in 2014. She entered the U.S. with the Visa Waiver Program (ESTA)/WT with the expiration date of October 13th, 2015 (2 weeks from tomorrow). I will be submitting all the forms at the very latest October 2nd, 2015 (waiting for Medical Exam results) which gives about 10 days for USCIS to receive and accept.

1) Will she have to leave the U.S. IF I don't receive NOA1 (Notice of Action) before her expiration date (October 13th)?

2) Is she LEGALLY allowed to stay PAST her expiration date while waiting for NOA1?

4) If she stays past her expiration date, will it affect Adjustment of Status?

3) If for some reason her petition gets denied, what would be the next course of action?

ps. I know I'm cutting it very close but due to certain circumstances I had to wait for the very last minute to apply

Thanks in advance!

[Transborderwife 4,666]

1) no, she's now in a period of authorized stay

2) see 1

3) no recourse from vwp filings. She'd be placed into deportation proceedings and must return home.

[05G356MT 0]

1) no, she's now in a period of authorized stay

2) see 1

3) no recourse from vwp filings. She'd be placed into deportation proceedings and must return home.

Thanks for the quick response!

Bit nervous now as since you mentioned deportation. Would it be advisable to go back to Hong Kong and return to the U.S. at a later date OR try filing the paperwork on October 2nd and risk possible deportation (expired visa wavier after denial) due to denial of petition?

Although I don't think there should be any reason for denial, going through deportation proceedings is something I'd rather not get into.

[Transborderwife 4,666]

Providing you have evidence of a bonifide marriage I wouldn't worry too much