Reply

8老師：

我老婆以旅遊簽證來美，現在簽證快到期了。我是綠卡，為她申請I-130且獲批準。她的I-485排期還有一個月就要排到。她可不可以逾期居留，等I-485排期到了，再遞交I-601A和I-485?

-Your wife can not file I-485 within US if she is unlawyfully present even if she files I-601A and get it approved.  I-601A is the waiver for her 3- or 10-year bar if her unlawful presence is < 180 days or > one year, but she still needs to go to China to get the immigrant visa in this case.

But if you become a US citizen, then she has no problem to file I-485 even if she has been unlawyfull present for a very lon time.

這樣做會有什麽後果？

您的建議是什麽？-She has two choices: 1. She goes back to China before the I-94 expires and apply for the immigtant visa there (it may take one to two years). 2. She just stay in US illegally, then you become a US citizen and upgrade the I-130 form F2A to the immediate relatives of a US citizen, thus she can file I-485 within US immediately after you become a US citizen.

如能遞交I-601A, 她一定要回國內麵試嗎？-Right.

可不可以在美國麵試？-No.謝謝！