Can my wife remain in USA while I-130 is pending? HELP!

[BlueBlur25 0]

3 hours ago, NikLR said:

No, you're not screwed. She will accrue overstay which will lead to a ban, if she leaves the USA, after 180 days.  She does not need to leave but will not have legal presence and is deportable so travel isn't advised. She should not leave until after she gains her AP.  If she leaves now she should follow the IR1/CR1 visa path.  I suggest she stays in the USA and you put her on your health insurance. Once you can file thr AOS. Make it a priority. 

Alright, with everything you said and some additional research I found based on it, what I'm understanding is essentially this;

 

Overstaying on a B2 visa is illegal and can lead to deportation if discovered by some form of law enforcement. However, immediate family of a US citizen, in this case my wife, any overstay time is forgiven during the AOS process, so long as it is under 180 days that is. Otherwise, leaving now could forfeit the whole process and could take a while to even get her back into the USA. 

 

So just get the AOS done ASAP, and don't do anything that could draw attention to her being out of status, since the overstay is forgiven anyway, right?

[NikLR 13,232]

23 minutes ago, BlueBlur25 said:

Alright, with everything you said and some additional research I found based on it, what I'm understanding is essentially this;

 

Overstaying on a B2 visa is illegal and can lead to deportation if discovered by some form of law enforcement. However, immediate family of a US citizen, in this case my wife, any overstay time is forgiven during the AOS process, so long as it is under 180 days that is. Otherwise, leaving now could forfeit the whole process and could take a while to even get her back into the USA. 

 

So just get the AOS done ASAP, and don't do anything that could draw attention to her being out of status, since the overstay is forgiven anyway, right?

Even overstay of 20 or 30 years is forgiven, I was just mentioning she doesn't recieve a ban until 180 days overstay.  The ban is not enforced until the person actually leaves the USA either. (An overstay ban isnt longer than 10 years for overstay of 365 days+).  Even if the person does leave, the ban is waiverable, but that is more money and time. 

 

But, yes, do the aos asap and dont do anything that draws attention from ICE or the CBP.  Especially do not leave the USA until she has advance parole (AP.)  

[Hypnos 6,578]

Filing an I-485 places an alien into a new period of authorised stay that persists until the application is adjudicated. 

[BlueBlur25 0]

Thanks for the information guys, I am finally starting to figure out a lot of the laws and steps involved in all of this.