Jump to content
Aj Cool

Extend b2 visa while f2a is on progress

5 posts in this topic

Recommended Posts

Hi,

My husband has a greencard. My F2A visa on progress now. My PD 09/21/2015. I'm in USA with B2 now. My visa will be expire on 03/15. But I need to stay here more time than after my expire date. Because we bought a house and we are moving. so my husband need me.

Questions :

1-Should I apply for an extension?

2-If I apply and get rejected, how much time I have after that, and would that effect my green card process. 

Thankss,

Share this post


Link to post
Share on other sites

Sounds like you're living in the US on a B2. 

Extensions should be reserved for emergencies (medical, etc); routine extensions are rarely approved. 


USCIS

January 16, 2015 I-130 Mailed, Chi lockbox January 20, 2015 Priority Date, January 21, 2015 NOA1 notice date, Assigned VSC, January 23, 2015 Check Cashed, electronically March 5, 2015 NOA2

NVC

March 27, 2015 NVC received April 6, 2015 Case#, IIN# assigned April 8, 2015 Paid AOS + IV fee Invoices May 5, 2015 AOS + IV package submitted May 11, 2015 Scan Date

June 11, 2015 DS-260 submitted June 25, 2015 False checklist (for ds260).. hello? June 30, 2015 Answered checklist Aug 5, 2015 Escalated to Supervisor review Aug 13, 2015 Case Complete

Consular

Sept 10, 2015 Interview Scheduled Sept 11, 2015 P4 Letter received Sept 21, 2015 file In transit from NVC Sept 23, 2015 file at Embassy

Sept 28, 2015 Medical Oct 14, 2015 Biometrics Oct 15, 2015 Interview (Approved) Oct 19, 2015 IV visa Issued Oct 23, 2015 Passport Pickup

POE

Nov 2, 2015 Entered the US Nov 16, 2015 Applied for SSN, walk-in Nov 20, 2015 Social Security Card recd Jan 15, 2016 GC received

Share this post


Link to post
Share on other sites

It's a bit of a grey area but technically you can file an application for your extension which you should do kind of soonish (at least 45 days before your B2 visa expires).  Hand in all documents explaining why you need this extension. They are very likely not be good enough and your extension will be denied. In order to extend a B1 or B2 visa you have to have a good reason to do so and from what you are writing, your reason will not be sufficient enough for USCIS to grant you the visa extension. However, since USCIS is taking right now a lot of time to process B visa extensions (last time I heard of it it was nine months) you will be legal in the U.S. (Although considered out of status) and won't acrrue any unlawful stay while your application is in process. What I don't know is: how long does it take until you get your F2A visa? If it will be very likely within the next 6 months you can file the extension. Just leave the country in time before you would get the visa extension denial so that you won't accrue any unlawful stay in the US. 

I've looked into this a lot and done my research on it but the difference is that I left the country instead of waiting for another visa (however my extension was approved anyways after I left the U.S.).

 

Now there's a little drawback to this though. I know that if your next visa has other requirements (intention on moving to the US) than the B2 visa extension (proving that you still have ties to your homecountry and are planning on moving back home) it might cause a problem for USCIS and they simply deny both applications because they are contradicting itselves  (I heard of this happening for people who file the B visa extension while waiting for a H1B visa approval). If you really want to do this I would suggest asking a few lawyers who do free consultations to get multiple opninions. It wouldn't be a problem to file the extension and just stay if you wouldn't be waiting for another visa that contradicts the other visa's requirements.

Edited by Californiansunset

Share this post


Link to post
Share on other sites

~~Hijacked post and related replies split off and moved to Tourist Visas~~


Spoiler

Met Playing Everquest in 2005
Engaged 9-15-2006
K-1 & 4 K-2'S
Filed 05-09-07
Interview 03-12-08
Visa received 04-21-08
Entry 05-06-08
Married 06-21-08
AOS X5
Filed 07-08-08
Cards Received01-22-09
Roc X5
Filed 10-17-10
Cards Received02-22-11
Citizenship
Filed 10-17-11
Interview 01-12-12
Oath 06-29-12

Citizenship for older 2 boys

Filed 03/08/2014

NOA/fee waiver 03/19/2014

Biometrics 04/15/14

Interview 05/29/14

In line for Oath 06/20/14

Oath 09/19/2014 We are all done! All USC no more USCIS

 

Share this post


Link to post
Share on other sites
 
Didn't find the answer you were looking for? Ask our VJ Immigration Lawyers.

Create an account or sign in to comment

You need to be a member in order to leave a comment

Create an account

Sign up for a new account in our community. It's easy!

Register a new account

Sign in

Already have an account? Sign in here.

Sign In Now
- Back to Top -


Important Disclaimer: Please read carefully the Visajourney.com Terms of Service. If you do not agree to the Terms of Service you should not access or view any page (including this page) on VisaJourney.com. Answers and comments provided on Visajourney.com Forums are general information, and are not intended to substitute for informed professional medical, psychiatric, psychological, tax, legal, investment, accounting, or other professional advice. Visajourney.com does not endorse, and expressly disclaims liability for any product, manufacturer, distributor, service or service provider mentioned or any opinion expressed in answers or comments. VisaJourney.com does not condone immigration fraud in any way, shape or manner. VisaJourney.com recommends that if any member or user knows directly of someone involved in fraudulent or illegal activity, that they report such activity directly to the Department of Homeland Security, Immigration and Customs Enforcement. You can contact ICE via email at Immigration.Reply@dhs.gov or you can telephone ICE at 1-866-347-2423. All reported threads/posts containing reference to immigration fraud or illegal activities will be removed from this board. If you feel that you have found inappropriate content, please let us know by contacting us here with a url link to that content. Thank you.
×