ESTA waiver
Hi,
Im a green card holder and i filed the I-130 for my wife a week before her ESTA 90 days expired. Is that a problem she didnt go back because i only have the green card?
Youre not a US citizen, so shes not eligible for a marriage-based I-485 at this time, and the I-130 without I-485 grants no status so she will accumulate illegal presence once the 90 days are expired. Its definitely a problem if she stays past the 90 days allowed by the visa waiver.