QUESTION

Should I file for B2 extension if my spouse will naturalize?

Asked on Oct 20th, 2014 on Immigration - Texas
More details to this question:
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?
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1 ANSWER

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.
Answered on Oct 21st, 2014 at 10:59 AM

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