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Henry357

How to bridge the gap between the B-2 expiry and AOS

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Hello All,

I entered the US 2.5 months ago and my passport was stamped B-2 indicating I must leave at the end of sept. I only intended to stay a few weeks; however, I left my job and stayed on. We plan to get married at the end of the year – after the stamp in my passport.

How should I bridge the gap between the B-2 entry stamp and filing Adjustment of status? Should I file for a B-2 extension?

Thanks,

David


07/15/2015 Submitted I-130/AOS/EAD/AP (With souvenir marriage certificate)


07/17/2015 NOA1 I-130/AOS/EAD/AP


07/26/2015 Biometrics Notice Mailed (Appt 08/12/2015)


07/27/2015 Submitted additional information to NBC with no RFE (official marriage certificate)


08/03/2015 Successful WALK IN biometrics (Houston 290)


09/15/2015 EAD/AP Approved, Card in production


09/18/2015 EAD/AP Mailed


09/23/2015 EAD/AP Received!





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Overstay is forgiven when AOSing as the immediate relative of a US citizen. The only thing to keep in mind is that there is a very slim chance that you may come to their attention and put into removal proceedings - but it is very slim. Being in Houston, I would say just stay away from border towns. And maybe flea markets. ;)


Post on Adjudicators's Field Manual re: AOS and Intent: My link
Wedding Date: 06/14/2009
POE at Pearson Airport - for a visit, did not intend to stay - 10/09/2009
Found VisaJourney and created an account - 10/19/2009

I-130 (approved as part of the CR-1 process):
Sent 10/01/2009
NOA1 10/07/2009
NOA2 02/10/2010

AOS:
NOA 05/14/2010
Interview - approved! 07/29/10 need to send in completed I-693 (doctor missed answering a couple of questions) - sent back same day
Green card received 08/20/10

ROC:
Sent 06/01/2012
Approved 02/27/2013

Green card received 05/08/2013

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Yes - I am aware of that; however, I do not wish to be out of status for any period. Also, an overstay might impact my ability to use AP. (I know it shouldn't - but CBP is not the most predicable)


07/15/2015 Submitted I-130/AOS/EAD/AP (With souvenir marriage certificate)


07/17/2015 NOA1 I-130/AOS/EAD/AP


07/26/2015 Biometrics Notice Mailed (Appt 08/12/2015)


07/27/2015 Submitted additional information to NBC with no RFE (official marriage certificate)


08/03/2015 Successful WALK IN biometrics (Houston 290)


09/15/2015 EAD/AP Approved, Card in production


09/18/2015 EAD/AP Mailed


09/23/2015 EAD/AP Received!





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Then get married now at the courthouse and file AOS? There is not a bridging visa for time between a B2 and AOS approval.


Spoiler

 

Married December 19, 2014

I-130 Petition sent January 14, 2015
NOA1 date January 20, 2015 (NSC)

NOA2 date May 28, 2015 :dance::dance::dance:

Mailed to NVC June 4, 2015

NVC Received June 10, 2015

NVC Case Number Assigned June 23, 2015

NVC AoS Invoice via Mail June 24, 2015

NVC Selected Agent Over Phone June 30, 2015 (Unable to logon to CEAC)

NVC IV Invoice via email received July 1, 2015

NVC AoS/IV Package Mailed July 2, 2015

NVC AoS & IV Fee Paid Online (CEAC is working) July 6. 2015

NVC Document Scan Date July 6, 2015

NCV AoS & IV Fee marked as paid in CEAC July, 7 2015

NVC DS 260 Completed July 8, 2015

NVC CC July 30, 2015 (24 days after scan date, about 2 months post NOA2)

Interview Scheduled on August 26, 2015

Interview P4 Email Received August 27, 2015

Medical in Islamabad September 2, 2015

Interview Date September 22, 2015 CANCELLED (Embassy is Over scheduled) :cry: :cry: :cry: :cry: :cry:

Interview Scheduled on September 10, 2015

Interview Date October 14, 2015 APPROVED

Visa Issued October 16, 2015, 9 months start to finish

POE JFK October 26, 2015

GC in Hand Jan 8, 2016

RoC I-751 NOA1 August 31, 2017 (Vermont Service Center)

Biometrics October 2, 2017

I551 Stamp in Passport August 2, 2018

18 Month Extension Letter August 3, 2018

Applied for Naturalization N-400 Online July 30, 2018

Biometrics August 23, 2018

10 year GC is in production September 17, 2018

 

 
 
 
 
 
 
 
 
 
 
 
 

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We can't do the court house thing due to our church.

Can I not apply for a B-2 extension? I need <60 days to bridge the gap and it "should" take longer for them to complete the application. Does AOS override this?


07/15/2015 Submitted I-130/AOS/EAD/AP (With souvenir marriage certificate)


07/17/2015 NOA1 I-130/AOS/EAD/AP


07/26/2015 Biometrics Notice Mailed (Appt 08/12/2015)


07/27/2015 Submitted additional information to NBC with no RFE (official marriage certificate)


08/03/2015 Successful WALK IN biometrics (Houston 290)


09/15/2015 EAD/AP Approved, Card in production


09/18/2015 EAD/AP Mailed


09/23/2015 EAD/AP Received!





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We can't do the court house thing due to our church.

Can I not apply for a B-2 extension? I need <60 days to bridge the gap and it "should" take longer for them to complete the application. Does AOS override this?

What is the purpose for bridging this gap? An extension won't have any affect on your leaving and coming back, once you leave the extension is over.

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What is the purpose for bridging this gap? An extension won't have any affect on your leaving and coming back, once you leave the extension is over.

I don't want to be out of status. What if, for example, we decide not to live in the US and not file for AOS? (international work assignment) I will have an overstay and have trouble entering the US.

The whole "doesn't matter if you overstay as long as you marry a USC" is based on the assumption you receive a GC.


07/15/2015 Submitted I-130/AOS/EAD/AP (With souvenir marriage certificate)


07/17/2015 NOA1 I-130/AOS/EAD/AP


07/26/2015 Biometrics Notice Mailed (Appt 08/12/2015)


07/27/2015 Submitted additional information to NBC with no RFE (official marriage certificate)


08/03/2015 Successful WALK IN biometrics (Houston 290)


09/15/2015 EAD/AP Approved, Card in production


09/18/2015 EAD/AP Mailed


09/23/2015 EAD/AP Received!





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I don't want to be out of status. What if, for example, we decide not to live in the US and not file for AOS? (international work assignment) I will have an overstay and have trouble entering the US.

The whole "doesn't matter if you overstay as long as you marry a USC" is based on the assumption you receive a GC.

You won't qualify for any ban with an overstay because you're a Canadian citizen and have Duration Of Status, but Border Patrol might just want you to stay out of the US for as long as you were here (6 or 7 months, maybe a year) before granted re-entry. The overstay will will go away in time, it's not a major violation. But you really don't have many choices other than going home now for a while and then re-entering before your marriage. But remember that entering with intent to immigrate is considered fraud of a tourist visa. You could enter, get married, leave and file for AOS from outside the US or go about your way with whatever other plans you have.

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If you scare of being out of status, then you should do the right way.


N400

12/06/2014: Package filed

12/31/2014: Fingerprinted

02/06/2015: In-Line for Interview

04/15/2015: Passed Interview

05/05/2015: Oath letter was sent

05/22/2015: Oath Ceremony

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You won't qualify for any ban with an overstay because you're a Canadian citizen and have Duration Of Status, but Border Patrol might just want you to stay out of the US for as long as you were here (6 or 7 months, maybe a year) before granted re-entry. The overstay will will go away in time, it's not a major violation. But you really don't have many choices other than going home now for a while and then re-entering before your marriage. But remember that entering with intent to immigrate is considered fraud of a tourist visa. You could enter, get married, leave and file for AOS from outside the US or go about your way with whatever other plans you have.

He has a stamped b2 which are given out at us pre clearance sites in Canadian airports. Canadians are not admitted d/s always.

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He has a stamped b2 which are given out at us pre clearance sites in Canadian airports. Canadians are not admitted d/s always.

Doesn't say anything about an exit date. No exit date then he's DOS.

Edited by Teddy B

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You won't qualify for any ban with an overstay because you're a Canadian citizen and have Duration Of Status, but Border Patrol might just want you to stay out of the US for as long as you were here (6 or 7 months, maybe a year) before granted re-entry. The overstay will will go away in time, it's not a major violation. But you really don't have many choices other than going home now for a while and then re-entering before your marriage. But remember that entering with intent to immigrate is considered fraud of a tourist visa. You could enter, get married, leave and file for AOS from outside the US or go about your way with whatever other plans you have.

Electronic I-94's are now issued to all Canadian's who enter by Air. My I-94 online states B-2 Admit Until; Sept 30, 2015. I was not admitted as D/S

If I depart after that date, I will be flagged as an overstay in the Nonimmigrant Information System and a lookout will be created that will result in a referral to secondary upon reentry . I understand that this is irreverent if I have GC, Ap should also be fine as you haven't reached the 180 day reentry bar.

I am surprised no one has been in this situation before - seems the logical reaction to this situation is to attempt to stay in status. (even if it's not a big deal if you don't)


07/15/2015 Submitted I-130/AOS/EAD/AP (With souvenir marriage certificate)


07/17/2015 NOA1 I-130/AOS/EAD/AP


07/26/2015 Biometrics Notice Mailed (Appt 08/12/2015)


07/27/2015 Submitted additional information to NBC with no RFE (official marriage certificate)


08/03/2015 Successful WALK IN biometrics (Houston 290)


09/15/2015 EAD/AP Approved, Card in production


09/18/2015 EAD/AP Mailed


09/23/2015 EAD/AP Received!





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Electronic I-94's are now issued to all Canadian's who enter by Air. My I-94 online states B-2 Admit Until; Sept 30, 2015. I was not admitted as D/S

If I depart after that date, I will be flagged as an overstay in the Nonimmigrant Information System and a lookout will be created that will result in a referral to secondary upon reentry . I understand that this is irreverent if I have GC, Ap should also be fine as you haven't reached the 180 day reentry bar.

I am surprised no one has been in this situation before - seems the logical reaction to this situation is to attempt to stay in status. (even if it's not a big deal if you don't)

Plenty of people have been in this situation before. They either get married and adjust or go home before they accumulate an overstay. That's the decision you have to make, we can't make it for you.

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It's $290 added on to an already costly process, and there is no guarantee they will grant the extension. It sounds like it is what you want to do, so go for it!


Post on Adjudicators's Field Manual re: AOS and Intent: My link
Wedding Date: 06/14/2009
POE at Pearson Airport - for a visit, did not intend to stay - 10/09/2009
Found VisaJourney and created an account - 10/19/2009

I-130 (approved as part of the CR-1 process):
Sent 10/01/2009
NOA1 10/07/2009
NOA2 02/10/2010

AOS:
NOA 05/14/2010
Interview - approved! 07/29/10 need to send in completed I-693 (doctor missed answering a couple of questions) - sent back same day
Green card received 08/20/10

ROC:
Sent 06/01/2012
Approved 02/27/2013

Green card received 05/08/2013

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No need to get married in Church, quickie now and file.


“If you know the enemy and know yourself, you need not fear the result of a hundred battles. If you know yourself but not the enemy, for every victory gained you will also suffer a defeat. If you know neither the enemy nor yourself, you will succumb in every battle.”

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