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OOKarzefet

B1 may expire before CR1 process

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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!

 

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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.


“If you know the enemy and know yourself, you need not fear the result of a hundred battles. If you know yourself but not the enemy, for every victory gained you will also suffer a defeat. If you know neither the enemy nor yourself, you will succumb in every battle.”

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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.

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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

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Get the application submitted.


“If you know the enemy and know yourself, you need not fear the result of a hundred battles. If you know yourself but not the enemy, for every victory gained you will also suffer a defeat. If you know neither the enemy nor yourself, you will succumb in every battle.”

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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


Spoiler

2011-10-31 US Entry with CR1
2013-09-02 ROC filed
2013-09-12 NOA
2013-03-05 Biometrics
2013-03-24 Approved
2013-05-05 Green card received
2016-08-02 N400 filed
2016-08-12 NOA
2016-12-08 Biometrics
2017-05-04 Interview
2017-07-05 Oath Ceremony

 

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


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

 

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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. 


Marriage-based AOS - Concurrent filing.
03/14/2018 - AOS package sent via FedEx to Chicago Lockbox.
03/16/2018 - FedEx confirmation of delivery to USCIS.
03/28/2018 - Four Email/Text notifications 11:18pm; 11:21pm; 11:24pm; 11:27pm.
04/02/2018 - Four I-797 Notice of Action letters received by mail.
04/06/2018 - Biometrics Appointment Notice for 04/18/17.
04/12/2018 - Biometrics Walk-in - Mission accomplished.
04/13/2018 - "We reviewed your biometrics and are still processing your case" - updated 04/15/2018

04/23/2018 - "Case is ready to be scheduled for an interview"

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