My wife arrived in the states from ukraine on a travel visa and we are late filing for it because her medical records took a long time to get and we're lucky we got them. We have until june 19 before her visa is expired, what will happen if we file only 2 weeks before her visa expires?
If your wife is in the U.S. on a tourist visa, she could be encountering a fraud finding, with drastic consequences down the road, depending on what information she put on her nonimmigrant visa application, her exchange of information with CBP at her port of entry, and what she has already filed with USCIS/DHS/DOS.
Consult with a competent attorney or BIA-accredited representative before you file those documents.
Daniel Green, Esq.
Serving the Hudson Valley, Northeast, and the World Beyond
Location: 684 Aaron Court, Kingston, NY
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This answer should not be construed as legal advice and should not be relied on to take any action whatsoever; neither does it create a lawyer-client relationship.
It all depends who is sponsoring your wife?
Contact immigration attorney Gintare Grigaite at 646-407-2331. Answers on AVVO do not constitute legal advice and do not form attorney-client relationship. Always consult an attorney for a legal advice.
I agree with Daniel, especially since it appears that you were married before she entered the US on a tourist visa.
Please consult with an immigration attorney to determine if in fact her entry was fraudulent.
Marc Taylor, Esq.
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