Yeah, I thought I did update everything in my profile. Not sure why it doesn't show up.
Anyway, thanks for the response. So if I do petition for her GC, can she exist in the US? I get the feeling no, unless she has an F1, H1, or other valid visa only. Is my understanding correct?
Originally Posted by sunny1000
Yes, it will be 5 years for her to get a GC in the current situation (Family based petition category 2A is at 22nd dec 04).
One way for her to remain legal is to change to F1 by becoming a student (if that is possible). After 3 years, you can apply for citizenship and then sponsor her for GC which will be the fastest route.
A couple of issues in case of change in status to F1 - first issue may be the travel - if she goes out of the country after the change in status, she has to get the visa stamped and that will be very difficult since she has the intent to immigrate. The second issue may be that USCIS may not extend the I-94 if/when they approve the F1 in which case she has to leave country immediately to get visa stamped and that will circle back to issue #1(I would let the more experienced members/attorneys to comment on this point).
PS: CAN you please correct your profile?