Ask a Lawyer - Can my wife stay in US without any visa if her I-130 is approved but her I-485 is still pending?

As immigrants ourselves, the team at the Law Office of Supna Zaidi, Esq. believes immigrants to the United States, like herself, are a critical part of American society. We contribute to the culture, welfare, and economy of the communities we live in across the 50 states, proving the American Dream is real and should continue to be accessible to all. 

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The question asked today was

Question: Can my wife stay in US without any visa if her I-130 is approved but her I-485 is still pending? I am not a US citizen yet. My wife is on F1 status. Can she stay in US without maintaining her F1 status on I-130 approval base?


Answer: Your wife can stay in the US and wait for her green card interview if her green card application has been filed, ie her I-485 application is pending. Otherwise, she is accruing overstay days in the US. That will have a negative impact on her ability to legally reside in the US.

Supna Zaidi, Esq

Ms. Zaidi’s immigration practice focuses on asylum and deportation relief, including appellate level representation of clients to the Board of Immigration Appeals (BIA). Clients have included refugees from Sierra Leone, asylees fleeing FGM, persecution based on ethnic/religious discrimination from countries like Turkey, and successful reversals of deportation orders from Pakistan.


The views and opinions expressed in this article are those of the author(s) and do not necessarily reflect the official policy or position of Muslim World Today.


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