my wife ia a canadian citzen. she is here on a k 3 visa which expires on march 2 2006.her I 130 was approved in september 2004 and then we filed our DS 230.we are waiting for our interview in montreal.my problem is my wife is unable to travel due to being 8 months pregnant and doctors orders. we filed for an extension and the application was recieved on january 23 2006 which is 39 days before visa expires. due to mis information from uscis we sent it to wrong place and therefore we missed our 45 day application dead line.it takes 60 to 180 days for approval of extension. therefore we will be overstaying her k 3 visa. what do we do?
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my wife ia a canadian citzen. she is here on a k 3 visa which expires on march 2 2006.her I 130 was approved in september 2004 and then we filed our DS 230.we are waiting for our interview in montreal.my problem is my wife is unable to travel due to being 8 months pregnant and doctors orders. we filed for an extension and the application was recieved on january 23 2006 which is 39 days before visa expires. due to mis information from uscis we sent it to wrong place and therefore we missed our 45 day application dead line.it takes 60 to 180 days for approval of extension. therefore we will be overstaying her k 3 visa. what do we do?
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She will still be eligible to adjust status through her marriage to you if she overstays, so don't worry too much. The only thing to remember is that if she does overstay, she won't be able to travel until she has that resident stamp in her passport.Have a nice day
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