Do I need to file I-130 before my I-94 expires if I’m married to an LPR?
Do I need to file the I-130 before my I-94 expires after marrying a green card holder?
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I’m eager to help. Meanwhile, here’s general guidance based on what you shared:
- File the I-130 as soon as possible—but I-130 alone doesn’t keep you in status.
- You can’t file I-485 (adjustment) until your priority date is current or your spouse naturalizes.
- If you overstay your I-94 while married to an LPR, you’re out of status and generally can’t adjust in the U.S. later (unless exceptions like §245(i) apply).
- With a 06/25/2025 I-94, if your spouse remains an LPR, either maintain valid nonimmigrant status (e.g., change/extend before expiry) or depart before expiry and wait abroad for consular processing when your date is current to avoid unlawful presence issues.
- If your spouse naturalizes, you can then file I-485 from within the U.S., even if the I-94 has expired, subject to other eligibility factors.
Happy to clarify further.
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Do I need to file the I-130 before my I-94 expires after marrying a green card holder?
Have you already married the green card holder?
Yes.
When does your current I-94 expire?
06/25/2025.
Anything else the immigration lawyer should know?
No.
Hello, I’m Queeneth, an attorney with 8+ years in immigration law. I’ll do my best to assist.
Thanks.
I’m eager to help. Meanwhile, here’s general guidance based on what you shared:
- File the I-130 as soon as possible—but I-130 alone doesn’t keep you in status.
- You can’t file I-485 (adjustment) until your priority date is current or your spouse naturalizes.
- If you overstay your I-94 while married to an LPR, you’re out of status and generally can’t adjust in the U.S. later (unless exceptions like §245(i) apply).
- With a 06/25/2025 I-94, if your spouse remains an LPR, either maintain valid nonimmigrant status (e.g., change/extend before expiry) or depart before expiry and wait abroad for consular processing when your date is current to avoid unlawful presence issues.
- If your spouse naturalizes, you can then file I-485 from within the U.S., even if the I-94 has expired, subject to other eligibility factors.
Happy to clarify further.
Queeneth E. Esq
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