QUESTION
Would I need to leave the country to get residency?
Asked on Dec 23rd, 2010 on Immigration - California
More details to this question:
I am a B1 Visa Holder (single entry) with Valid I94 which is due to expire by the end of March, 2011. My girlfriend and I are planning to get married sometime February, 2011. Now the questions are: 1. We intend on applying for my stay permit after the wedding, which is going to be like a month to my I94 due date. Would I have to leave the country after I apply, before my I94 expire or it does not matter as far as I have submitted my application before my I04 due date? 2. If my I94 expires before we are being called for our first and second interview, would it affect future my resident permit process?
5 ANSWERS
As long as you entered the United States lawfully, and you are married to a United States citizen, you may adjust your status to a resident without leaving the Unites States, no matter if your I-94 has expired.
Answered on Jan 08th, 2011 at 10:13 AM
Immigration and Naturalization Attorney serving San Diego, CA
Partner at
Feldman Feldman & Associates, PC
3 Awards
So long as you apply before your current I-94 card expires you wont have to leave the US and it wont affect your future residency. Give me a call if you have any other questions.
Answered on Dec 27th, 2010 at 6:13 PM
William C. Gosnell
If your wife is a us citizen the you should get married soon and have her file a I-130
then you may stay in the country, but this must be filed before your end of March.
Answered on Dec 27th, 2010 at 8:28 AM
If you have a valid extension or adjustment application filed before your I-94 expiration date, you are authorized to stay in the US during the application pending period.
Answered on Dec 24th, 2010 at 12:43 AM
Immigration Law Attorney serving Costa Mesa, CA
Partner at
Law Offices of Louis M. Piscopo, APLC
2 Awards
If your girlfriend is a US Citizen, you would not have to leave when your I-94 expires if you are applying for a Green Card. In the case of a spouse of a U.S. Citizen, overstaying your I-94 does not bar you from getting your Green Card.
Answered on Dec 23rd, 2010 at 5:43 PM