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michaelareay

Green card Application - Can I stay in the US?

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

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michaelareay Newbie

michaelareay   0

Posted
Filed: H-2B Visa Country: United Kingdom
 Timeline
Posted

Hi,

I'm in desperate need of some help.

I am a UK citizen in the USA on a B1 Visitors Visa. The Visa expires in September 2017, although my 180 days is up on 23rd October.

My husband is a US citizen, we got married last week and are now applying for a Greencard.

How do I stay in the US while my application is being processed? On the USCIS website it states: "If Form I-485 is filed at the same time as the I-130, the relative can usually stay in the United States while waiting to become a permanent resident."

I need to know how this works? Does my visa automatically extend while my Greencard application is ongoing? Or do I have to extend my B1 Visa?

Any help would be GREATLY appreciated.

Thank you

Michaela :)

Russ&Caro Proficient

Russ&Caro   1,549

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

Here's the Visa Journey guide: http://www.visajourney.com/content/i130guide2

Good luck. From my rudimentary understanding, you have to remain in the US until your receive Advanced Parole (AP), which takes about 6 months. You can't file for Adjustment of Status (AoS) and go freely in and out of the US on your B1 visa. Instead, you have to wait for AP to travel abroad again.

Marriage: 2014-02-23 - Colombia    ROC interview/completed: 2018-08-16 - Albuquerque
CR1 started : 2014-06-06           N400 started: 2018-04-24
CR1 completed/POE : 2015-07-13     N400 interview: 2018-08-16 - Albuquerque
ROC started : 2017-04-14 – CSC     Oath ceremony: 2018-09-24 – Santa Fe

michaelareay Newbie

michaelareay   0

Posted
Filed: H-2B Visa Country: United Kingdom
 Timeline
  • Author
Posted

It's an Esta that I'm here on, not B1 Visa, sorry.

I have read that I need to file a I-130 petition for alien relative form. Is that all for now? I'm so confused! I can't get a straight answer! :(

Mounat Explorer

Mounat   74

Posted
Filed: Citizen (apr) Country: Canada
 Timeline
Posted (edited)

It's an Esta that I'm here on, not B1 Visa, sorry.

I have read that I need to file a I-130 petition for alien relative form. Is that all for now? I'm so confused! I can't get a straight answer! :(

Regardless of what you have, file concurrent I-130/I-485 with EAD (for employment) and AP (for travel) then stay put till you receive the AP.

The USCIS has a simple one page description of concurrent filing for adjustment of status. Don't confuse yourself googling here and there. The guides here are pretty good too.

Good luck.

Edited by Mounat
Harpa Timsah Grand Master

Harpa Timsah   13,258

Posted
Filed: Lift. Cond. (apr) Country: Israel
 Timeline
Posted

It's an Esta that I'm here on, not B1 Visa, sorry.

I have read that I need to file a I-130 petition for alien relative form. Is that all for now? I'm so confused! I can't get a straight answer! :(

Did you read the guide linked above?

AOS for my husband
8/17/10: INTERVIEW DAY (day 123) APPROVED!!

ROC:
5/23/12: Sent out package
2/06/13: APPROVED!

 
Didn't find the answer you were looking for? Ask our VJ Immigration Lawyers.

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