B1 may expire before CR1 process

[OOKarzefet 0]

Currently in the US. My B1/B2 Visa is about to expire on the January 22nd.

Although he has had all the necessary information & documents for more than a month, my immigration lawyer still did not submit all the paperwork needed for my spouse visa and green-card. 

At what point before Jan 22nd do I need to have these documents submitted to avoid any problems?

Thanks!

 

[Boiler 45,658]

I have a feeling what you are asking about is not what you are doing, but a guess.

 

So to answer what you actually ask:

 

When the visa expires does not matter, the important date is the date you are admitted to.  B1 and the more common B2 entries are usually for 6 months.

 

CR1 and your stay in the US are not connected, sooner the paperwork is filed the sooner you will interview for your Visa.

[aaron2020 11,651]

Are you trying to adjust status and remain in the US to get a green card?

 

Your post suggest that you want to stay in the US pass the expiration of your visa and apply for a green card.  If that is the case, then the CR1 is not what you want because that would require to to leave the US.

[OOKarzefet 0]

Sorry for being unclear. I want to adjust the status while I stay in the US. I understand that the faster I submit the papers, the faster I will get a green card. I am scared though, that before I submit the papers, my current tourist visa will expire. And I am not sure what to do about that

[Boiler 45,658]

Get the application submitted.

[little immigrant 801]

I hope your intention was not to stay here but it kind of just happened. 

 

Once you submit your application you're in authorized stay. Honestly I wouldn't rely on the lawyer at all. You can do it yourself unless you have a complicated case which doesn't sound like you do. 

 

https://www.visajourney.com/content/i130guide2

[Ontarkie 14,275]

~~Moved to AOS from Work, Student, & Tourist Visas, from General Immigration Discussion- THe OP is wanting to AOS~~

[USC4SPOUSE 506]

I would strongly recommend that you evaluate both options; i.e., AOS vs. Consular processing. Depending upon your field office, AOS may take a very long time. 

It is also easier to expedite petitons with the NVC (consular processing) than it is with USCIS. 

 

If you choose consular processing, you will have a chance to go back to your home country and tie any loose ends. If you do AOS, well, then be fully aware of the fact that employment authorization cards/Advance parole takes a good 4 to 6 months to get approved. You will put your life on hold for a while. 

 

If I were to do it all over again, I would have opted for consular processing, but hey, you can't turn back time.