Tourist Visa to Spousal Visa

[KandyKane 0]

Been married for 4 years now. Recently back to the US in June this year from living abroad for over 5 years. Got married out of the country and just came back to work and live permanently in the US. My spouse came with me, but on a B1/B2 Visa.

The most recent I-94 on that B1/B2 visa has an Admit Until Date of 11/30/2024. After this date my spouse will be overstaying. 

 

Once I-130 is submitted and then looking to submit I-485 early next month, can my spouse legally stay in the country, or would they have to leave so as to not overstay the current B1/B2 visa? Current I-130 submitted has a decision date of 10 months.

What is the best solution in this case and how complicated is this case? 

THANKS

[Crazy Cat 41,804]

I assume she didn't misrepresent herself as to the purpose of her visit at the border.  A person cannot enter the US as a visitor with the intent to stay and adjust status.  That is fraud. File the I-485 prior to expiration of the I-94.  Include a copy of the I-130 receipt.  Once a proper I-485 is filed, she will be granted "authorized stay" until the I-485 is approved or denied.

 

Edited October 28 by Crazy Cat

[KandyKane 0]

@Crazy Cat Thank you for the reply. 

 

No, she did not misrepresent herself. So, once I-485 is filed, she can legally stay until it is approved or denied? So, if it gets denied after 8 months, she will then have to leave the country immediately, correct?

[Crazy Cat 41,804]

1 minute ago, KandyKane said:

So, once I-485 is filed, she can legally stay until it is approved or denied?

Correct.