Hi.

I entered the USA using my tourist (b-2) visa in march and married my husband (who's an American Citizen) on june 23rd. He filed forms I-130, I-485 and I-765 for me last month, but my I-94 expires on september 29th.

I'd like to know if I need to apply for an extension of stay, or if it's the right thing to wait til I get my greencard.

I'm very confused and worried. I don't want to be illegal here.

Thanks for reading me

Indhi B.

you don't need to apply for the extension. Since you have AOS (adjustment of status) pending, your stay is authorised.

quote:

Originally posted by Indhi B.:
Hi.

I entered the USA using my tourist (b-2) visa in march and married my husband (who's an American Citizen) on june 23rd. He filed forms I-130, I-485 and I-765 for me last month, but my I-94 expires on september 29th.

I'd like to know if I need to apply for an extension of stay, or if it's the right thing to wait til I get my greencard.

I'm very confused and worried. I don't want to be illegal here.

Thanks for reading me

Indhi B.

Thank you for responding.

One more question. What happens if (God forbid!) the AOS petition is denied?

Leave, refile, reopen/reconsider.

Leave? I thought if I left I'd be banned to re-enter the USA for 3+ years. My husband likes my country but he doesn't want to move there, that's why we're going through this hellish process here

I don't think you can apply for extension of B-2 after filing I-130 based I-485.
It's incompatible.

Now, if your I-485 gets denied prior to expiration of your I-94, you could then still be able to apply for extension (though you would have extremely little, if not zero, chances of getting approval on b-2 extension after filing I-485).

If your I-485 gets denied after expiration of your current I-94, then you will either have to leave the country or file for motion to review (and to succeed , you would need to be able to prove that decision was based on erroneous application of statute and that you are perfectly eligible for benefit sought).

Good luck

Thank you very much