BlueSky77

On the N-400, Part 8, question E, number 3 asks about the spouse's immigration status. The field to mark would "other" and the answer "B1/B2."

Now, I don't know if the I.O. will dig deeper into this. Nobody does.

Thank you

People have adjusted who have been out of status for decades.

I am not sure why they would ask, it would be on the form, but if asked just tell the truth.

Thanks a lot

Hi,

I'm not sure if that would work, maybe more experienced VJ'ers could verify it? Anyway, the idea is, file for an EOS (I-539) while waiting for your husband's naturalization. As I understand, processing the I-539 by USCIS takes a reasonable amount of time and you are not being considered out of status while this application is being processed (anyone please, confirm this). As soon as your husband becomes a USC, take the AOS path (and withdraw the I-539? not sure if that would matter by then).

Best regards!

Thanks a lot

If you get picked up for any reason, USCIS would file for your deportation and you'd be put in front of an immigration judge. These judges usually do not sign an deportation order for someone who is eligible to adjust status. This applies to a K-1 who got married and didn't file for AOS yet and it applies to someone who is the spouse of a US citizen and thus eligible to adjust.

If detained, your attorney would file paperwork to keep you in the US until your husband has become a USC.

Thank you so much this is very detailed awesome

What do you think about my other question

If I stay and they ask my husband in the interview about my status how do you see this going?

Thanks again in advance

In that case you had the intent to stay from the time you entered. As you were looking to file AOS once you entered the country on B1/B2.

Which is not a wise choice

Anyways you will be out of status for sometime while he takes the interview, Oath and then he files for your CR1.

Which might be forgiven once he is USC, but your intents could be questioned when your interview comes up and might have to go thru some questioning.

Some ppl dont have to, some do so there is no logic on that.

You can give a try on this path, lately looks like they are extending B1/B2 for ppl, earlier it was really difficult to get an extension on B1/B2.

This might work out.

Thanks everyone for your replies

You can roll the dice, overstay, and once your husband has become a US citizen, file for AOS. Of course, stuff happens, so if you get into the fangs of the law for some weird reason, you are deportable. That said, an attorney would stall any deportation attempt until your hubby has become a USC. At that point, once you are eligible for AOS, you won't be deported anymore for overstay alone.

For obvious reasons, I can't suggest such a path.

I have been reading through this forum and I saw that you are one of the people who has good experience here and always know most of the stuff,and I was waiting on you to reply

Thanks for the reply, one question what do you mean by "an attorney would stall any deportation attempt" ?

And If I stay and they ask my husband in the interview about my status how do you see this going?

Thanks a lot

Agreed. As was mentioned in the other thread, all the options for AOSing from a non-immigrant status to LPR within the US are only available for spouses of US citizens. Since your husband is not a citizen yet, there options are not currently available for you.

The legal way of doing it would be for you to return to your home country before your current I-94 expires, and for him to file the I-130 petition for you as an LPR. Then, when he gets his citizenship, you can file the CR-1, which will make the process much faster. While these petitions are under process, you might be able to visit him here under a tourist visa, though proving that you do not plan to stay might be hard. And of course he can visit you in your country. However, neither option will allow you to be here when you give birth.

Once your husband is a citizen, your child will have rights to US citizenship as well, no matter where he/she is born.

THANK YOU BOTH

Is filling an extension for my I-94 possible?

There is a guide, in the guide section for filing for a Spouse inside the US. BUT - it is only for spouse of USC.

His interview may be in 40 days but when he passes, he has to wait for the Oath Ceremony. Hopefully they have one on the same day and he can do that.

Did you enter the US with your visitor visa with intent to immigrate?

No I wanted to stay with him and conduct my board exam until he gets his USC and file CR1 for me, that was the plan we knew it would be hard to AOS from B1/2 so that was our intention, but I got pregnant things happened again I want to do everything in a legal way. thax

Hello

I have been here visiting the US on a tourist visa, Staying with my Husband who is a PR and in process for his N400 to become USC we were married before I enter the us, and I had my B1/2 before we get married. My I-94 is about to expired I am pregnant an due in about 4 month, the whole things was not planed right I guess, however the following is what we are trying to do,

1- Give birth here since our Medical insurance is here and we would like our baby to be US born,

2- stay with my husband legally.

We are not sure how can we get this done, Please advise.

My I-94 will expire in 22 days, My husband interview is in 40 days

When is your husband's naturalization supposed to be finished?

His interview in 40 days, my I-94 will expire in 22 days

Hello

I have been here visiting the US on a tourist visa, Staying with my Husband who is a PR and in process for his N400 to become USC we were married before I enter the us, and I had my B1/2 before we get married. My I-94 is about to expired I am pregnant an due in about 4 month, the whole things was not planed right I guess, however the following is what we are trying to do,

1- Give birth here since his Medical insurance is here and the we would like our baby to be US born,

2- stay with my husband legally.

We are not sure how can we get this done, Please advise.

No, it's not true at all. You would have to wait for priority date to be current, and would be denied if you overstayed waiting until that happened.

Thanks, That is what I thought.

In addition, you can marry your PR boyfriend and then adjust your status so you won't have to leave the country. Doing so will not make you a PR but only as his dependent and you will not be allowed to work.

Is this true?? I thought PR can not petition his spouse to stay in the US as a dependent!

Would you please explain more how this would work?

Would you please advise how did you get approved 5 month extension on your B1/B2? Was the reason because you are pregnant and can not travel long distance? your answer is appreciated Thx