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Duration of stay with pending 485?

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  • Duration of stay with pending 485?

    Hi

    We're looking to begin the green card process and have one question we hope to find answers for..

    Question- How long can my wife stay in the US after we send in our I-130+485 (Concurrent Filing)?

    i. Here's the black-white from the uscis webpage


    The website says "the relative can usually stay in the United States while waiting to become a permanent resident."

    ii. She is legally entering the US under the VWP, which to our understanding allows her to visit and stay in the US for up to 90 days.
    iii I am a US Citizen, so she is considered Immediate Family/Relative, as Spouse

    So, together with what we understand about Concurrent Filing, as long as she and I send in both 130/485 together while she is legally inside the US, then she can stay while the 485 is pending? But if she leaves the country at any point while the 485 is pending, then the 485 will be considered abandoned.
    So how long can she stay with the pending 485?

    Thanks hope I was clear enough with what I'm asking.

  • #2
    She can stay until her application to adjust status is denied

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    • #3
      Originally posted by dpgsam View Post
      as long as she and I send in both 130/485 together while she is legally inside the US, then she can stay while the 485 is pending?
      Not sure what you mean by "while she is legally inside". You already said she entered legally -- that is enough. It doesn't matter for the AOS whether you send it in before or after her status expires, but the sooner the better. Once the I-485 is filed, she can stay in the US for as long as it is pending, no matter how long it takes.

      This is my personal opinion and is not to be construed as legal advice.

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