How long do I have to apply for my wife's petition if she entered the US on a B1B2 visa? 8 Answers as of January 31, 2011

My wife entered US on b1-b2 in April 2010 for six months entry. We got married in July 2010. Her entry is expired now and I am going to apply for her petition. How long do I have to apply?

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Feldman Feldman & Associates, PC
Feldman Feldman & Associates, PC | Lynne Feldman
In theory there is no limit. In practice I would apply as soon as possible because as a B-2 overstay she may be picked up by ICE at any time and deported and then the procedure will be more complicated and more expensive. If we can assist you in the process contact me as indicated below and I will provide instructions on the procedures, forms, documents, and fees required and provide medical instructions.
Answer Applies to: California
Replied: 1/31/2011
Nicastro Piscopo, APLC
Nicastro Piscopo, APLC | Louis M. Piscopo
There is no time limit for when you have to file an petition for your wife. However, once her B1/B2 stays expires she beginning accruing unlawful presence. If she accrues 180 days or more and she departs the US she will be barred from returning for 3 years. If she departs after 1 year the bar becomes 10 years.

If you are not a U.S. Citizen then your wife should depart before triggering any of these bars. If you are a U.S. Citizen you should still file the petition and her adjustment of status before the 180th day to avoid triggering the bar should she have to leave.
Answer Applies to: California
Replied: 1/24/2011
Law Office of Michael E. Hendrickson
Law Office of Michael E. Hendrickson | Michael E. Hendrickson
You must file your petition to adjust her status before your wife accumulates 180 days of overstay in the United States which apparently would be sometime in March 2011. If you fail to file before that occurs, then you will be faced with going through the arduous I-601 waiver of inadmissibility process and nevertheless still find that your petition to adjust her status is denied.
Answer Applies to: Virginia
Replied: 1/22/2011
Hugo Florido ESQ.
Hugo Florido ESQ. | Hugo Florido
You can apply right away and should apply as your wife is accumulating illegal time in the U.S. unnecessarily.
Answer Applies to: Florida
Replied: 1/22/2011
Law Office of Immigration & International Trade Law
Law Office of Immigration & International Trade Law | Linda Liang
You mean how long you have to wait? Check www.uscis.gov for processing time. Good luck!
Answer Applies to: Florida
Replied: 1/21/2011
    Javia & Moore
    Javia & Moore | Marisa-Andrea Moore
    You should file a petition for your wife as soon as possible. Because your wife has overstayed her visa, she could be placed into removal proceedings and be subject to deportation. I recommend that you consult with an Immigration Attorney at your earliest convenience.
    Answer Applies to: California
    Replied: 1/21/2011
    JCS Immigration & Visa Law Office
    JCS Immigration & Visa Law Office | Jack C. Sung
    You should apply right away because you have waited the time required. You should file the application right now.
    Answer Applies to: California
    Replied: 1/21/2011
    Theresa E. Tilton, Attorney at Law
    Theresa E. Tilton, Attorney at Law | Theresa E. Tilton
    She has been out of status since October 2010. You should have filed her immigration petition right after your wedding.
    Answer Applies to: Washington
    Replied: 1/21/2011
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