Legally entered on B1 that expires soon, how to renew inside US?

[FANGFANG 0]

I have entered the US on a B1/B2 visa twice this year. The visa expires on Oct. 23 2012. I'm currently in the US and entered legally. I would like to get another visa while still in the US rather than getting a new visa at the embassy in Shanghai.

My husband is a US citizen and actually we planned to file forms I-130, I-485 and I-131 to begin the green card process, but we have to return to China in Dec. and were unsure if the I-131 would be done before then and didn't want to risk abandoning the application.

So we have just decided to get another B1/B2 visa for now and next time start the green card process.

Can anyone tell me the best way to get another visa while in the US?

Thanks!

[kzielu 1,149]

You can apply for extension, but you have no guarantee it is going to be granted - if denied, you will be accumulating illegal presence.

[Darnell 8,478]

when does the current i-94 expire? pay attention to that , for a moment, aye?

Edited September 5, 2012 by Darnell

[FANGFANG 0]

when does the current i-94 expire? pay attention to that , for a moment, aye?

The current I-94 expires Dec. 20th, and I will depart the US before then.

So should I try to file for an extension just for an additional 2 months? Or can I apply for a new 1 year visa from within the US since I am here already?

If I can't apply for a new visa while in the US and I just apply for an extension would that be the I-539 form to file?

Thanks!

[Darnell 8,478]

the expiration date on the visa is the last date you can enter the USA.

the expiration date on the I-94 is the date by which you must leave the USA.

Refactor yer plan a bit?

[FANGFANG 0]

the expiration date on the visa is the last date you can enter the USA.

the expiration date on the I-94 is the date by which you must leave the USA.

Refactor yer plan a bit?

Wow that would help a lot since I plan to leave before the date on the I-94.

Actually my visa was issued on Oct. 25th 2011, then I first entered the US on Dec. 20th 2011. I stayed for a month then went back to China. Then I returned to the US on June 20th 2012 and I have the I-94 from that arrival now. That I-94 has my arrival date stamped on it but where the CBP officer was supposed to write in the date I must leave by he just scribbled something that doesn't look like anything, its not a date that is for sure, its more like his initials.

So I assume if what you said is true then I would need to depart the US before Dec. 19th 2012 correct? That would be just under one year from the date of my first arrival.

[Krikit 1,164]

Did he write D/S or something that looks like it? It refers to Duration of Status. Here is everything you need to know:

http://travel.state.gov/visa/temp/info/info_1298.html

[Darnell 8,478]

yup.

VISA dates not matter for departure , to be 'in status'

what matters is the I-94 date span, and the I-94 expiration date of the CURRENT I-94.

Good Luck ! See? One less thing to worry about, la .

To celebrate, please prepare/cook 300 rabbit jiaozi this weekend, give to a men's homeless shelter...

[FANGFANG 0]

yup.

VISA dates not matter for departure , to be 'in status'

what matters is the I-94 date span, and the I-94 expiration date of the CURRENT I-94.

Good Luck ! See? One less thing to worry about, la .

To celebrate, please prepare/cook 300 rabbit jiaozi this weekend, give to a men's homeless shelter...

Haha thats a good idea!

Many thanks for all the help.

[Darnell 8,478]

50 bonus points if you catch the rabbits yerself

[FANGFANG 0]

50 bonus points if you catch the rabbits yerself

I see your status is IR-1/CR-1 Visa.

My husband is a US citizen, so we will be working on getting my green card after we return from China to the US early next year.

Would you mind sharing any advice on the best way to handle getting me a green card? I'm just now getting started on things and trying to find out what needs to happen.

Should we start the process while I'm in the US? Or just as easy to handle inside China at the embassy?

[Darnell 8,478]

technically, there are two processes, one for visa, one for adjustment of status.

study each, decide which process you wish to persue.

[FANGFANG 0]

technically, there are two processes, one for visa, one for adjustment of status.

study each, decide which process you wish to persue.

I'm looking into the options now.

I just imagined getting a new visa when I return to China and then starting the process after I have arrived back in the US.

Seems like applying after I have entered the US legally is easier than applying in China, the lines at the embassies in China are huge! haha

[Anh map 2,098]

I'm looking into the options now.

I just imagined getting a new visa when I return to China and then starting the process after I have arrived back in the US.

Seems like applying after I have entered the US legally is easier than applying in China, the lines at the embassies in China are huge! haha

That is if you are admitted again right away after staying a long time in the US. Don't ever assume.

[Penguin_ie 5,993]

So we have just decided to get another B1/B2 visa for now and next time start the green card process.

Using a B2 tourist visa with the intention to immigrate is visa fraud.