QUESTION
Can I extend my I94 if I already filed an I130?
Asked on Jul 21st, 2014 on Immigration - Texas
More details to this question:
I am a permanent resident and I already filed a I130 for my wife. Her I94 is going to expire before we get our priority date from the visa bulletin. I obviously don't want her to go back to her country and wait for the date to come. We are considering to extend her I94 at least 6 months. But I am having trouble with the argument to expand those 6 month (and not be rejected). I have considered enrolling her in an English academy who will help us with the petition for an I20 (Which sounds more secure). The thing is either way, we have to file a I539 who specifically asks if a petition has been filed for that person, and as stated before we already filed the I130. Will this I130 reduce her possibilities to get the I20 or I94 extension approved? Which do you think is the best option to go with in my case? The I20 or the extended I94? I just want her to be legal until the priority date becomes current. Thanks in advance.
3 ANSWERS
You cannot extend the B status if her I-130 has been filed because the B status does not allow for immigrant intent and the I-130 is an immigrant visa petition. How much longer is it until the priority date for her category is current? I would suggest that you try to change her status to one that allows for dual immigrant intent, if possible. Otherwise, she should leave the US until the priority date is current. If she overstays, she will not be eligible to adjust status in the US even when the priority does become current unless you are then a US citizen.
Answered on Jul 24th, 2014 at 4:44 PM
I do not think her application to extend non immigrant status will be successful.
Answered on Jul 23rd, 2014 at 2:50 PM
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The student option is a good option. She can stay in the US in a stay authorized by the attorney general as long as she files the change of status before her I-94 expires.
Answered on Jul 23rd, 2014 at 2:43 PM