If we file the I-130/I-485 together before my wife's student visa expires, can she stay in the country after expiration? 13 Answers as of July 15, 2013

I am a United States citizen and my wife and I are applying for an adjustment of status for her to attain a green card, but she is currently here in the United States on a student visa that will expire soon.

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Law Offices of Svetlana Boukhny
Law Offices of Svetlana Boukhny | Svetlana Boukhny
Yes. Once you file the I-130 and I-485, her status is "secure" until the adjudication of the petitions.
Answer Applies to: California
Replied: 7/15/2013
Law Office of Adebola Asekun | Adebola O. Asekun
As a US citizen, so long as your wife entered the U.S. legally with a visa and was inspected and admitted subsequent expiry of her F-1 visa is of no moment to her eligibility to adjust her status. The condition that an alien who wishes to adjust status be in valid status does not apply to spouses of US citizen. Please note that eligibility to adjust includes a number of other requirements not discussed herein and as such, I suggest you consult with an experienced immigration attorney.
Answer Applies to: New York
Replied: 7/14/2013
Walker & Ungo Law Firm
Walker & Ungo Law Firm | Gabriela Ungo
Yes, she can stay after expiration of her visa while the I-130/I-485 applications are pending.
Answer Applies to: Mississippi
Replied: 7/10/2013
Herrera & Juelle LLP | Carlos Juelle
Yes, if you file an approvable I-130/I-485 AOS packet before her F-1 is terminated, she will be able to remain in the US .
Answer Applies to: California
Replied: 7/9/2013
Roberts Immigration Law Office, Ltd. | Susan M. Roberts
If you file a one-step application prior to the expiration of your wife's student visa, she can remain in the U.S. while USCIS adjudicates her application. Students on F-1 visas have a 60 day grace period after the completion of their degree. They are also eligible for Optional Practical Training when they complete the requirements for their degree, which allows them to work in the U.S. for one year in their field of study. Depending on where you live, it should only take about 4 months for USCIS to schedule an interview for you both. The risk is that, if her adjustment application is denied for any reason, she has no non-immigrant status to revert into, and will find herself out of status.
Answer Applies to: Minnesota
Replied: 7/9/2013
    Frazier, Soloway & Poorak, P.C.
    Frazier, Soloway & Poorak, P.C. | David Nabow Soloway
    A foreign national who entered the U.S. lawfully and with inspection (such as with a student visa), and who then becomes married to a U.S. citizen, may apply to adjust status in the U.S. to become a Lawful Permanent Resident (to get a "Green Card"). This is true regardless of whether the foreign national's visa has expired or even if he/she may have worked without authorization. Some immigration law firms, including mine, offer legal services on a "flat fee" basis so that a client will know the total expense from the very beginning, and a few immigration law firms, including mine, offer an initial consultation free of charge. [Note: This communication is intended as general information and not specific legal advice, and this communication does not create an attorney-client relationship.]
    Answer Applies to: Georgia
    Replied: 7/9/2013
    Havens & Lichtenberg PLLC
    Havens & Lichtenberg PLLC | Michael Lichtenberg
    Yes, your wife can stay in the U.S. after you file I-130/I-485/I-765/I-131 with supporting documents even if her student visa status will end.
    Answer Applies to: New York
    Replied: 7/9/2013
    Immigration Law Offices, LLP
    Immigration Law Offices, LLP | Fakhrudeen Hussain
    Yes, once you file for adjustment of status, she does not have to leave the country even if her stay in the US expires.
    Answer Applies to: California
    Replied: 7/9/2013
    Alena Shautsova
    Alena Shautsova | Alena Shautsova
    Yes, she can stay. She could stay even if you file after her visa expires.
    Answer Applies to: New York
    Replied: 7/9/2013
    Law Office of Eric Fisher | Eric Fisher
    There should not be a problem if your wife overstays her student visa while her adjustment application is pending. If she needs to leave the US, she should apply for advance parole.
    Answer Applies to: Colorado
    Replied: 7/9/2013
    Law Offices of Grinberg and Segal
    Law Offices of Grinberg and Segal | Alexander Segal
    Potentially. The answer will depend upon whether she has traveled outside the U.S. recently and entered the U.S. again knowing she would seek permanent residence.
    Answer Applies to: New York
    Replied: 7/9/2013
    Preston & Brar, LLC | Jesse Brar
    Yes, since your wife is an "immediate relative" (spouse of U.S. citizen), she can file the application for adjustment of status even if she was out of status. Once her application for adjustment of status is filed, she is authorized to stay in the U.S. until the USCIS makes a final determination on her adjustment application. She is also eligible and should probably apply for an Employment Authorization Document ("work permit") along with your petition and her adjustment application.
    Answer Applies to: Utah
    Replied: 7/9/2013
    Richard S. Kolomejec, Attorney at Law
    Richard S. Kolomejec, Attorney at Law | Richard S. Kolomejec
    Yes. She can stay in the United States during the process.
    Answer Applies to: California
    Replied: 7/9/2013
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