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Bhumin

Need Help on Immigration B2 to LPR

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I came to US on B2 tourist visa in Jan 2015 with I-94 valid up to 27 July 2015. My wife is LPR and filed I-130 in Nov 2013 and my PD is 22Nov2013. I want to file adjustment of status for green card because My PD will become current in next month but its possible after 1st Aug and I will go out of status on 27 July. So please advise me following questions:


1) Can I file B2 extension before 27 july and file AOS after 1 Aug while my B2 extension is pending?


2) B2 status extension denial, is there any other form/step we need to take for the I-485 processing/interview to go smoothly?


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What would be the basis for seeking an extension?

If you overstay your I 94 they you be out of status.


“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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Under what grounds will you file for an extension?

good luck


USCIS
August 12, 2008 - petition sent
August 16, 2008 - NOA-1
February 10, 2009 - NOA-2
178 DAYS FROM NOA-1


NVC
February 13, 2009 - NVC case number assigned
March 12, 2009 - Case Complete
25 DAY TRIP THROUGH NVC


Medical
May 4, 2009


Interview
May, 26, 2009


POE - June 20, 2009 Toronto - Atlanta, GA

Removal of Conditions
Filed - April 14, 2011
Biometrics - June 2, 2011 (early)
Approval - November 9, 2011
209 DAY TRIP TO REMOVE CONDITIONS

Citizenship

April 29, 2013 - NOA1 for petition received

September 10, 2013 Interview - decision could not be made.

April 15, 2014 APPROVED. Wait for oath ceremony

Waited...

September 29, 2015 - sent letter to senator.

October 16, 2015 - US Citizen

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Your best bet is to go home and do consular processing. Are you case complete already?

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you need to file for extension atleast 45 days before your i-94 expires but if you file for an extension and got denied, you need to leave the country the next day or else it will be consider as overstaying. there is also a slim chances that you will be approve since USCIS will see that you have a pending case on their file. if you really want to do AOS its better to consult an immigration lawyer to seek their advice about it.


(L) (L) (L) (L) (L) F2A Filler (L) (L) (L) (L) (L)


05/03/2014 - sent I-130 to lockbox
05/08/2014 - received NOA1 via email
08/27/2014 - received NOA2 via email

NVC STAGE:

09/28/2014 - received case number from NVC
06/24/2015 - received NVC Welcome Letter
06/24/2015 - done with ds261 over the phone
06/24/2015 - sent AOS Fee payment thru mail
06/29/2015 - Confirmed thru phone AOS payment posted
06/30/2015 - Sent IV Fee thru mail
07/07/2015 - IV Fee Payment already posted in CEAC
07/07/2015 - done with DS260
07/10/2015 - sent AOS and Civil docs
07/13/2015 - received in NVC NW
07/28/2015 - Verified Case Complete by phone
09/30/2015 - Interview Schedule verified over the phone

xxxxxxxxxx - Visa status " READY"
11/09/2015 - Interview at USEM

xxxxxxxxxx - received VISA

xxxxxxxxxx - POE

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Why would you look for overstaying B2 visa? Your priority date is so close that may be mid august you will have interview then all you have to do is go back to your country and finished up interview and get Green card. Complicating your case only for one month or so do not make sense.


11/27/2013 - Priority Date

04/01/2015 - I-130 Approved

04/21/2015 - NVC received Case

04/29/2015 - DS261 filled

05/02/2015 - Case under CSPA review

06/04/2015 - Supervisor review Initiated-Wait 42 days

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