Will my wife have to leave the US since her passport expired? 4 Answers as of September 30, 2014

My Thai wife came to US on K1 visa, we married within the 90 days. But I failed to process the change of status. She has been in the US for 5 years and now her Thai passport expired. What should we do now? Go to the Thai embassy and ask for her passport to be renewed? Or go tell them she needs to leave the U.S.?

Ask a Local Attorney. 100% Anonymous. Free Answers.

Free Case Evaluation by a Local Lawyer: Click here
Kriezelman, Burton & Associates | Matthew Scott Kriezelman
As long as you married within 90 days, you are still eligible to process her adjustment of status through the K-1 petition. You may want to speak to an experienced immigration attorney who can assist you with the process.
Answer Applies to: Illinois
Replied: 9/30/2014
Marie Michaud Attorney At Law
Marie Michaud Attorney At Law | Marie Michaud
It is not too late to file her adjustment. It is usually a very simple process. She can only adjust though you. It does't matter that her passport is now expired. What matter was that, at the time she arrived in the US, the passport was valid, her visa was valid, and she received her I-94. Please do not send her back to her country...there is a law indicating she would be banned for 10 years because she overstayed for more than one year. (She started cumulating unlawful presence after her 90-day permission expired.) I hope this helped.
Answer Applies to: California
Replied: 9/30/2014
Richard S. Kolomejec, Attorney at Law
Richard S. Kolomejec, Attorney at Law | Richard S. Kolomejec
You can still file in the US without getting a new passport. If done right, the entire process should only take about 3 months. And your wife does not have to leave the US.
Answer Applies to: California
Replied: 9/30/2014
Coane and Associates
Coane and Associates | Bruce Coane
I would suggest that you hire me to get your wife her green card, asap. I rarely would suggest that anyone leave the country because of the severe penalties for those who leave, but there are always exceptions depending on particular facts of the case.
Answer Applies to: Texas
Replied: 9/30/2014
Click to View More Answers: