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

[Henry357 70]

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

[ValerieA 350]

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.

[Henry357 70]

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)

[Kastrs 723]

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

[Henry357 70]

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?

[Teddy B 17,251]

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.

[Henry357 70]

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.

[Teddy B 17,251]

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.

[NancyNguyen 1,657]

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

[Transborderwife 4,666]

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.

[Teddy B 17,251]

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 June 10, 2015 by Teddy B

[Henry357 70]

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)

[Teddy B 17,251]

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.

[ValerieA 350]

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!

[Boiler 43,392]

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