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visitor1947

Can Extend B1/B2 & Apply for I-485 if I-140 is Approved? [split topic]

By visitor1947 in Adjustment of Status from Work, Student, & Tourist Visas

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visitor1947 Newbie

visitor1947   0

Posted
Filed: EB-1 Visa Country: India
 Timeline
Posted

Hi,

I am on F1- OPT STEM Extension and I have applied for a green card in EB1A category (USCIS receipt issued on September 1).

My wife is in U.S on B1/B2 visa and her period of 6 months stay is until Oct. 25.

We intend to file I-485s (my and my wife's) once my I-140 gets approved. Can we extend my wife's visitor visa (B1/B2) and apply for I-485 if my I-140 gets approved. By doing this we would keep her multiple entry visa active if my I-140 doesn't get approved this time. Please also let me know if there are other more suitable options. Thank you very much for your help.

Mollie09 Proficient

Mollie09   1,543

Posted
Filed: Citizen (apr) Country: Brazil
 Timeline
Posted

Hi,

I am on F1- OPT STEM Extension and I have applied for a green card in EB1A category (USCIS receipt issued on September 1).

My wife is in U.S on B1/B2 visa and her period of 6 months stay is until Oct. 25.

We intend to file I-485s (my and my wife's) once my I-140 gets approved. Can we extend my wife's visitor visa (B1/B2) and apply for I-485 if my I-140 gets approved. By doing this we would keep her multiple entry visa active if my I-140 doesn't get approved this time. Please also let me know if there are other more suitable options. Thank you very much for your help.

Getting a tourist visa extension so you can AOS is unlikely to happen, and she will be present illegally and unable to adjust status if she overstays.

Why is she not on F-2?

TBoneTX Grand Master

TBoneTX   45,536

Posted
Filed: Citizen (apr) Country: Ecuador
 Timeline
Posted

*** Posts above split from old thread. ***

06-04-2007 = TSC stamps postal return-receipt for I-129f.

06-11-2007 = NOA1 date (unknown to me).

07-20-2007 = Phoned Immigration Officer; got WAC#; where's NOA1?

09-25-2007 = Touch (first-ever).

09-28-2007 = NOA1, 23 days after their 45-day promise to send it (grrrr).

10-20 & 11-14-2007 = Phoned ImmOffs; "still pending."

12-11-2007 = 180 days; file is "between workstations, may be early Jan."; touches 12/11 & 12/12.

12-18-2007 = Call; file is with Division 9 ofcr. (bckgrnd check); e-prompt to shake it; touch.

12-19-2007 = NOA2 by e-mail & web, dated 12-18-07 (187 days; 201 per VJ); in mail 12/24/07.

01-09-2008 = File from USCIS to NVC, 1-4-08; NVC creates file, 1/15/08; to consulate 1/16/08.

01-23-2008 = Consulate gets file; outdated Packet 4 mailed to fiancee 1/27/08; rec'd 3/3/08.

04-29-2008 = Fiancee's 4-min. consular interview, 8:30 a.m.; much evidence brought but not allowed to be presented (consul: "More proof! Second interview! Bring your fiance!").

05-05-2008 = Infuriating $12 call to non-English-speaking consulate appointment-setter.

05-06-2008 = Better $12 call to English-speaker; "joint" interview date 6/30/08 (my selection).

06-30-2008 = Stokes Interrogations w/Ecuadorian (not USC); "wait 2 weeks; we'll mail her."

07-2008 = Daily calls to DOS: "currently processing"; 8/05 = Phoned consulate, got Section Chief; wrote him.

08-07-08 = E-mail from consulate, promising to issue visa "as soon as we get her passport" (on 8/12, per DHL).

08-27-08 = Phoned consulate (they "couldn't find" our file); visa DHL'd 8/28; in hand 9/1; through POE on 10/9 with NO hassles(!).

visitor1947 Newbie

visitor1947   0

Posted
Filed: EB-1 Visa Country: India
 Timeline
  • Author
Posted

We got married in September while my wife was on B1/B2, thats why she is not here on F2. My wife is volunteering in hospitals and would need to attend her residency interviews in December.

In the given scenario, please recommend which of the following option we should do

1) File my and my wife's I-485s, based on the pending I-485 my wife can stay in US. If my I-140 gets rejected she will have to go back

2) My wife goes back and come to US on F2 or B1/B2 and then we file I-485s if my I-140 is accepted.

3) other option, if any.

Thank you

AnotherLostSoul Proficient

AnotherLostSoul   167

Posted
Filed: Timeline
Posted

Your wife would have to maintain legal status throughout the whole AOS procedure that can be from 3 months to 6 months. She cannot stay here as an out of status even if her case is pending. I would go with second option. Get F2 for her. That way as long as your F1 status is valid, she is also legal here. No need to be afraid of her falling out of status...at least she'll be legal as long as you are legal...after that either both of you stay, or both of you pack up and go back home depending on the outcome of your application. Good luck!

 
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