QUESTION

Do I need to extend my stay while waiting for the approval of I130?

Asked on Jan 28th, 2016 on Immigration - New York
More details to this question:
I have B2 visa that will expire in 14 days. I got married to a US citizen last year in 08/01/2015 after being engaged for several years and she applied for I130 and is in process.
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2 ANSWERS

Immigration Law Attorney serving Atlanta, GA
3 Awards
The filing of a Form I-130 application will not trigger authorization to remain in the U.S. beyond the period identified on a Form I-94 associated with a B2 visa. The filing of a marriage-based Form I-485 Application for Adjustment of Status by a foreign national who entered the U.S. with a visitor's visa and then became married to a U.S. citizen, however, will authorize the foreign national to remain in the U.S. while the Form I-485 application remains pending, regardless of when the Form I-94 date and the B2 visa expire. The application process, commenced while the foreign national is still in valid nonimmigrant status, also should include filing a Form I-131 and I-765 so that the foreign national will obtain an Employment Authorization Document and Advance Parole - that card will serve as evidence of lawful presence in the U.S. while the Form I-485 application remains pending. Especially since you appear to be less than thoroughly familiar with the often complex immigration laws and regulations, it would be wise for you and your spouse to work with an immigration attorney in the application process.
Answered on Feb 25th, 2016 at 4:27 PM

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Sexual Harassment Attorney serving Brooklyn, NY
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You do not need to do this and even if you try, your application will be denied as now you are an intended immigrant.
Answered on Feb 25th, 2016 at 9:56 AM

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