Does she need to be out of the country for 2 years?
If I file an Adjustment of Status and my wife loses her Visa during the 8 month waiting period, does the timeframe start all over again with the spousal visa or could we continue with the Adjustment of Status?
- 9 months agoFavorite Answer
If you are a US citizen and your wife was in status when you filed the Form I-485, you can continue with the AOS. Unlawful presence does not accrue while she is being processed. If you have not already done so, read this now https://www.uscis.gov/greencard/adjustment-of-stat...
No, you do not start again.
- FoofaLv 79 months ago
I believe once you've filed it stops the clock on her visa expiration. But ask a lawyer to be sure.
- ibu guruLv 79 months ago
If your wife goes out of status or visa is expired/revoked/terminated, she goes home & you start from scratch with a spouse visa application. You need to ensure there's no chance of going out of status or violating regulations for any existing visa before starting AoS, or forget that, and maybe future visas, too. AoS has been taking 6-9 months, and can take longer. Used to be 6 months was fairly common, but now quite rare, and nine months or more seems to be becoming the norm. Spouse visa typically takes at least a year, often two.