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Spouse I-94 expired Please help

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  • Spouse I-94 expired Please help

    My prior I-94 expired on Feb,2001 and I got extension up to Feb, 2003. My wife I-94 and visa expired on Feb,2001. We applied for my wife's I-539 last week.

    There are couple of options but don't know what to do.

    1)Should we go to India for new visa before she crosses 180 days.

    2)Should I file my I-485 and later when her H4 gets extended add her name to I-485. Don't know till what stage of I-485 I can add her name? What's the delay/complexity involved in it.

    3)Start consular processing now. Send my wife to India to get visa. If she gets well and good, comes back on H4. If she does not get then let her wait in India until CP interview.

    4)Can I make use of 245(i) and we both file I-485 AOS now?

    5)How much time it takes to get I-539 response in VSC. What is the chance of approval if filed after 4 months of I-94 expiry?

    6)By the time we get any response about her I-539 approval she will cross 180 day's limit. If then I-539 is denied then she will be put to 3yrs bar. What options are left then ?

    These are too many question but pls answer then separately so I can evalute and come to any decision

    Tension is raising up... don't know what to do Pl. help

  • #2
    1) If you want to renew the H-4 prior to the 180 day deadline, and if you have a multiple entry Visa already, she can simply go to a foreign consulate and obtain an H-4 Visa with your Passport the marriage certificate.


    • #3
      iam in similar situation

      Hi, did u find any solutions to all ur questions ,iam also in the same situation, plz highlight me iam totally tensed.