on b2 visa, married a non USC permanent resident - needing advice

[liya]

hi everyone, im new here. i really hope you guys could help.

so here's my situation:
>>i am a foreigner who entered the US on B2 (10 yrs multiple entry) visa last february. i can stay here til august.
>>my bf for 6 years (currently my husband) is working as a nurse here in the US with a permanent resident card. he has been here since august 2006. he is not a US citizen.
>>i got pregnant last march. Our religion, which considers premarital *** as a sin would never allow our child to be baptized if his/her parents are not married. given our moral conscience and our parents nagging, we got married this month (april).
>>i am enrolled in medical school back in our country which will start on june so im supposed to be back there by then.

questions:
>>is it true that if i go back to our country, our marriage will be considered a fraud? if so, what can we do to not be labeled as such?
>>i understand that because of the marriage, my multiple entry (supposedly good until 2017) would be worthless. we have considered these things even before the marriage. what should we file for? how long will be the waiting time for me and my baby to be allowed to visit my husband?
>>will it be possible for me to extend my stay here in the US for about 150 days? id like to be with my husband through the pregnancy. im due december. if this happens, the scenario would be that i would enter medical school june 2009 instead of this year.

...
i hope someone would be kind enough to give me their opinions and suggestions on the matter. i really hate legal matters but i understand that because its important, i have to deal with it somehow.

thank you and i'd appreciate your response!

[speed_025]

hi everyone, im new here. i really hope you guys could help.


questions:
>>is it true that if i go back to our country, our marriage will be considered a fraud? if so, what can we do to not be labeled as such?

Nope not true your marriage is valid.Not unless you are married to someone else back in your home country then its a fraud!

>>i understand that because of the marriage, my multiple entry (supposedly good until 2017) would be worthless. we have considered these things even before the marriage.

Not true, your husband is only a permanent resident not a USC. You got married here doesn't mean you have an immigrant intent since there was no petition filed for you. Your multiple entry visa is still valid as long as you leave the US before your allowed stay expired.

what should we file for? how long will be the waiting time for me and my baby to be allowed to visit my husband?

He can petition you as a permanent resident or he can wait till he turn USC. Here's a link for the info:
http://www.uscis.gov/portal/site/uscis/menuitem.5af9bb9...CM10000045f3d6a1RCRD

>>will it be possible for me to extend my stay here in the US for about 150 days? id like to be with my husband through the pregnancy. im due december. if this happens, the scenario would be that i would enter medical school june 2009 instead of this year.

I don't think they will allow you to stay 150 days, but you can apply for extension of stay I-539

...
i hope someone would be kind enough to give me their opinions and suggestions on the matter. i really hate legal matters but i understand that because its important, i have to deal with it somehow.

thank you and i'd appreciate your response!

[Rough Neighbor]

Originally posted by liya:
...

questions:
>>is it true that if i go back to our country, our marriage will be considered a fraud? if so, what can we do to not be labeled as such?

That belief has no basis.

>>i understand that because of the marriage, my multiple entry (supposedly good until 2017) would be worthless. we have considered these things even before the marriage. what should we file for? how long will be the waiting time for me and my baby to be allowed to visit my husband?

Baseless also. Just avoid abusing or misusing its terms, e.g. overstaying or working without proper authorization. Was your marriage day at least 60 days away from your date of entry? If you'll come back too soon with your baby you may not be refused entry but it's not going to be easy either. You can plan for him to visit you instead.

>>will it be possible for me to extend my stay here in the US for about 150 days? id like to be with my husband through the pregnancy. im due december. if this happens, the scenario would be that i would enter medical school june 2009 instead of this year.

Using Forms I-539 & I-134, you can try to extend your B-2 visa. But what's your reason, to deliver your baby? It's a red flag. Your best bet is to apply for change to F-1 (student) status, but it would just appear as your attempt to prolong your stay. When your husband would be eligible to apply for naturalization is another angle to look at. Nothing out there is very easy, that's the issue. I would consult with an immigration attorney in person if I were in your situation.
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[Theone]

He will not be a USC until 2112 or so judging by your dates.

You can apply for an extension of your 6 months, but you menton no reason why you would succeed, but you may get lucky.

As a PR he can sponsor you but c 5 year wait.

A F1 is a non immigrant visa, might be hard to get in our circumstances.

Too many trips, too frequent and its liely you will be refused entry.

[liya]

hello again.
thank you for your insights

follow up:

i guess i just assumed my visa to be worthless because i got married. yes, i DO NOT have immigrant intent.

we havent filed anything before or anything yet.. yes, we did get married more than 60 days after i entered the US.


question:
>>so as long as i come back before my i94 card thingy expires, i can still go back here to visit my husband?

if this is yes, then i dont think i would be needing to extend my stay since im allowed to visit him in the future.

question:
>> can i still enter the US on my b2 visa while there's a petition for me? if i understand correctly: if ever my husband files a petition, then that would cause my b2 visa to be invalid? or would it still be valid?

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again, id really appreciate your thoughts on these.

[Rough Neighbor]

Yes to both. But no, your GC husband's filing of an I-130 for you doesn't necessarily invalidate your multiple entry B1/B2 visa.

[liya]

thank you rough neighbor..

maybe its a newly wed thing, but the idea of being separated for more than a year just freaks me out.

i just want to be with my husband even for a few months a year. its just 'safer' for me to assess the worst case scenario so that i could prepare well.

thank you very much for your insights!