Extend b2 visa while f2a is on progress

[Aj Cool 0]

Hi,

My husband has a greencard. My F2A visa on progress now. My PD 09/21/2015. I'm in USA with B2 now. My visa will be expire on 03/15. But I need to stay here more time than after my expire date. Because we bought a house and we are moving. so my husband need me.

Questions :

1-Should I apply for an extension?

2-If I apply and get rejected, how much time I have after that, and would that effect my green card process. 

Thankss,

[KierenHby 897]

Sounds like you're living in the US on a B2. 

Extensions should be reserved for emergencies (medical, etc); routine extensions are rarely approved. 

[Transborderwife 4,666]

Very unlikely but have a go at it.

[Californiansunset 332]

It's a bit of a grey area but technically you can file an application for your extension which you should do kind of soonish (at least 45 days before your B2 visa expires).  Hand in all documents explaining why you need this extension. They are very likely not be good enough and your extension will be denied. In order to extend a B1 or B2 visa you have to have a good reason to do so and from what you are writing, your reason will not be sufficient enough for USCIS to grant you the visa extension. However, since USCIS is taking right now a lot of time to process B visa extensions (last time I heard of it it was nine months) you will be legal in the U.S. (Although considered out of status) and won't acrrue any unlawful stay while your application is in process. What I don't know is: how long does it take until you get your F2A visa? If it will be very likely within the next 6 months you can file the extension. Just leave the country in time before you would get the visa extension denial so that you won't accrue any unlawful stay in the US. 

I've looked into this a lot and done my research on it but the difference is that I left the country instead of waiting for another visa (however my extension was approved anyways after I left the U.S.).

 

Now there's a little drawback to this though. I know that if your next visa has other requirements (intention on moving to the US) than the B2 visa extension (proving that you still have ties to your homecountry and are planning on moving back home) it might cause a problem for USCIS and they simply deny both applications because they are contradicting itselves  (I heard of this happening for people who file the B visa extension while waiting for a H1B visa approval). If you really want to do this I would suggest asking a few lawyers who do free consultations to get multiple opninions. It wouldn't be a problem to file the extension and just stay if you wouldn't be waiting for another visa that contradicts the other visa's requirements.

Edited January 18, 2017 by Californiansunset

[Ontarkie 13,902]

~~Hijacked post and related replies split off and moved to Tourist Visas~~