Filed i-130 but i-94 set to expire

[dm559 34]

Hi, I am in need of some assistance. I filed an I-130 on July 28, 2011 for my stepson who qualifies for immigration since marriage took place before he was 18. He's 18 now and arrived in the US on a B-2 Visa. I just got off the phone with USCIS and was told that his I-130 could take a few weeks to a month to process. But his I-94 is set to expire August 22, 2011. USCIS said I should file I-539 to extend his tourist visa. But from what I've been reading that would be in conflict with the I-130 filing. has anyone else had to go through this? I'm at a loss as to what to do.

[Harsh_77 718]

Yep you are right it would conflict, since tourist visa is not for someone to enter and they apply for AOS.

[dm559 34]

So what do I do? I don't want to do anything that is going to jeopardize his immigration.

[Mrs Green 6]

If you want him to remain in the USA a little longer, you need to follow the USCIS recommendation and apply for an extension of his tourist visa. Hopefully by the time that expires, his PD will be current. He would then return to his home country for the interview. Pls read link re extension of tourist visa http://www.visajourney.com/content/visitor-visa-guide

[dm559 34]

Would he have to go back to his home country or could everything be done while he is already here in USA?

If you want him to remain in the USA a little longer, you need to follow the USCIS recommendation and apply for an extension of his tourist visa. Hopefully by the time that expires, his PD will be current. He would then return to his home country for the interview. Pls read link re extension of tourist visa http://www.visajourney.com/content/visitor-visa-guide

[Mrs Green 6]

He can only adjust status in the USA if he has a student visa or if you become a united states citizen. So if you are eligible for citizenship, then he would not have to wait for a visa number. Pls read the guides under VJ to gather further information.

[dm559 34]

I guess I should have clarified my status, sorry about that. I am an American Citizen by birth. Kind of a long side story but an American court gave me full custody of him while he was a minor. I did a stepparent adoption which was finalized after he was 16 so I know he can't gain immigration through that. So he has an American birth certificate listing me as his father, but not citizenship. We're just beginning the immigration process. I'm his sole financial provider so there's no place for him to return to in his home country, which is why I'm wanting him to remain here while the process is finished.

He can only adjust status in the USA if he has a student visa or if you become a united states citizen. So if you are eligible for citizenship, then he would not have to wait for a visa number. Pls read the guides under VJ to gather further information.

[Harpa Timsah 13,258]

A tourist visa is not meant to be a shortcut to the normal visa process. If he is just visiting on his tourist visa, how can he not have a place to go home to? He will have to go home anyway to see his immigration process through and get a proper immigrant visa in order to come back.

[Harsh_77 718]

I guess I should have clarified my status, sorry about that. I am an American Citizen by birth. Kind of a long side story but an American court gave me full custody of him while he was a minor. I did a stepparent adoption which was finalized after he was 16 so I know he can't gain immigration through that. So he has an American birth certificate listing me as his father, but not citizenship. We're just beginning the immigration process. I'm his sole financial provider so there's no place for him to return to in his home country, which is why I'm wanting him to remain here while the process is finished.

Something does not sound right to me and somebody can correct me if I am wrong, if your son had a American Birth Certificate, means he is USC and he would not qualify for any visa as a USC can never qualify for a visa.

If he has a American birth certificate, then all he has do is apply for American passport and thats it.