KandyKane

@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?

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