Question:

What Happen If my wife's I-20 is cancel or expires before the I-130 is processed?
I filed the I-130 for my wife and before I could sent it to be process her I-20 was cancel or expired. Would this affect her approval for the I-130? If not. Can the approval of the I-130 allow her to stay in the U.S. If she have to go back to her country is there a file to bring her back?

Answers:

A-Best: Do not worry. She is already here and her papers are already in process. The expiration or cancellation of her I-120 will not affect her I-130 or your petition. The approval of her I-130 will definitely allow her to stay in the US. She is currently adjusting her status here and she will not be asked to go back to her country of origin. I do not know why people always say or think people will be sent back in the middle of adjusting their status. Sending someone back while petitioned by a family member does not make sense at all when the purpose of the I-130 is really to have families together or have them intact not separated from each other while one adjusts her status especially so that the I-130 was filed with the beneficiary already in the US. Sir, she will be here. Do not worry. She will not be sent back to her country of origin. Once you sent in the I-130 and you already received a confirmation from the USCIS, then her papers are already in process. Everything should be okay. The I-130 should serve the purpose it was intended for which is to keep families together since beneficiary is already in the US. Good luck! P.S. USCIS takes into consideration that family members will be separated if they sent someone home instead of reunited which is the purpose of the I-130 and they also take into consideration the expense the families are burdened with when they have to send someone home while one awaits her status to adjust.  

A: Did you applied the I-130 before her I-20 be cancel or expired? If yes, she can stay with you waiting the process. Otherwise she needs back to her country and wait the I-130 to be approved. If her I-10 was cancel or expired before you filed the I-130, the immigration view is "she is an illegal".