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My wife i94 expired on 3rd Jan along with her passport. How to extend it.

1 Answers. Asked on Jan 12th, 2017 on Immigration - Georgia
More details to this question:
My wife i94 expired on 3rd Jan along with her passport. Her passport was with Indian embassy for Tatkaal Urgent renewal, so she can't fly that time. Received passport on 10th from embassy and went to cbp. they suggested to file i539 with uscis. So is it the right way or anything else to be done.she is having her l2 visa valid till 2020.
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Answered on Jan 16th, 2017 at 4:16 AM

Your wife's Form I-539 will likely be denied as she was out of status at the time of filing. You must be in a valid nonimmigrant status at the time you request an extension of status. Your wife will likely need to depart the U.S. and return on a valid visa. You can read more at http://myattorneyusa.com/extend-nonimmigrant-status-in-the-united-states.

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