I am in the US on a B2 visa and my I94 expires next month. We think my spouse will naturalize shortly after my I94 expires (30-60 days after). My question is whether I should apply for an extension of my B2 or if I should let the I94 expire as my spouse will file for my green card as soon as they naturalize. We are already legally married (for more than a year). We got married on my last visit to the US which lasted one month in 2013. Is it worth it to file for an extension or do I risk adjusting my status after my spouse naturalizes?
It's never advisable to fall out of status. You should apply for an extension of your stay and then apply for adjustment of status after your wife becomes a naturalized US citizen.
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