Does my wife need to still leave the US when going through a Petition for Alien Relative

[Justin isack 0]

Im a Green card holder going through my citizenship Im just waiting for my interview appointment and my wife has just got her Receipt for a I-I30 Petition for Alien Relative. She is meant to leave on the 13th of November as her 3 months is over. Does she still have to leave the US?

[kris&me 572]

no timeline so we don't know how close u r but i would think there is not time to get the citzenship and do AOS for her to stay

she needs to return home and wait for the interview for the CR1 

[BuiQuang 95]

she need to leave.  how she stay legal after nov. 13?  

[Unlockable 7,315]

Yep, she needs to leave. She does not want to jeopardize losing her ESTA/VWP if she stays here after allotted time. Even overstaying one day can cause it to be revoked.

 

Separation, waiting, money. These are the motions we go through for immigration. It is tough being separated but sometimes you have to deal with it.

[geowrian 22,338]

If she doesn't leave, she will accumulate unlawful presence and could be subject to deportation. Unlawful presence of even 1 day invalidates her ability to travel on an ESTA ever again, and makes getting a tourist visa more difficult.

[Unlockable 7,315]

Oops. Double post.

Edited October 25, 2017 by NuestraUnion

[Justin isack 0]

20 hours ago, Justin isack said:

Im a Green card holder going through my citizenship Im just waiting for my interview appointment and my wife has just got her Receipt for a I-I30 Petition for Alien Relative. She is meant to leave on the 13th of November as her 3 months is over. Does she still have to leave the US?

Thanks for the info.  Also when can she come back after she leaves. She has a B2 visa.

[geowrian 22,338]

9 hours ago, Justin isack said:

Thanks for the info.  Also when can she come back after she leaves. She has a B2 visa.

There's no hard timeline, but the general rule of thumb is to spend more time outside the US than in it (and twice as long preferred). CBP will determine if she's abusing the visa by living within the US at POE...hence the rule of thumb.

 

I know it wasn't mentioned here, but just for reference, she cannot enter with intent to stay. She can only enter to visit, returning home afterwards.

 

Just to clarify, she has a B2 visa from Australia and was granted 3 months stay on this entry? I just ask because typically Australians use the VWP instead (which has a hard 90 day max stay).