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

[james5 1]

The expiration date is the last date of Visa.you leave the country before the date of expiration.

[bigdog 376]

<br />yup. <br /><br />VISA dates not matter for departure , to be 'in status' <br />what matters is the I-94 date span, and the I-94 expiration date of the CURRENT I-94. <br /><br />Good Luck !  See? One less thing to worry about, la . <br />To celebrate, please prepare/cook 300 rabbit jiaozi this weekend, give to a men's homeless shelter...<br />

<br /><br /><br />

Anne (YanJuan) Oakley does them also. Just cotton tails no Jack Rabbits.

[FANGFANG 0]

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

That could be true, but I called USCIS and told them I'm in the US now on a valid B1 visa and what to do in order to start the green card process.

They just told me the required forms to start with (I-130, I-485, I-131) and never mentioned that being in the US and on that type of visa would raise red flags or be any issues as if I were committing any visa fraud.

[JoannaV 174]

That could be true, but I called USCIS and told them I'm in the US now on a valid B1 visa and what to do in order to start the green card process.

They just told me the required forms to start with (I-130, I-485, I-131) and never mentioned that being in the US and on that type of visa would raise red flags or be any issues as if I were committing any visa fraud.

Indeed it is perfectly fine. What would not be so fine is if you leave the US then enter again using your B-2 visa with the intention of staying and immigrating.

You can either stay in the US now, apply for adjustment of status and don't leave.

Or, if you have to return to China, you can apply for spousal visa. How long are you planning to stay in China before you want to move to the US?

[Asia 2,498]

That could be true, but I called USCIS and told them I'm in the US now on a valid B1 visa and what to do in order to start the green card process.

They just told me the required forms to start with (I-130, I-485, I-131) and never mentioned that being in the US and on that type of visa would raise red flags or be any issues as if I were committing any visa fraud.

Yes, but going to the US with B1/B2 visa while you already intend to use it to stay there forever is fraud.

IMHO leaving US to Mexico for a few days might not give you new I-94 at all, since such short visit can be done using the original I-94.

Edited September 6, 2012 by Asia

[FANGFANG 0]

Indeed it is perfectly fine. What would not be so fine is if you leave the US then enter again using your B-2 visa with the intention of staying and immigrating.

You can either stay in the US now, apply for adjustment of status and don't leave.

Or, if you have to return to China, you can apply for spousal visa. How long are you planning to stay in China before you want to move to the US?

Well my B1/B2 expires Dec. 20th 2012 and I have to return to China early Dec. anyway.

So I was planning to just apply for a new B1/B2 visa early next year and return to the US in the spring. Then most likely would apply for a spousal visa after entering the US legally.

I thought this would be easier than doing the process in China. Also I hoped to return to the US with my husband in the spring and didn't want to stay in China while awaiting the application process.

If I were to apply for the spousal visa in China I would have to file something to have permission to travel into the US while awaiting the application process and that could take months, so rather than doing it in China hoped to just come back with my husband. (I'm not even sure what form that would be to enter the US while awaiting the spousal visa)

[Harpa Timsah 13,258]

Well my B1/B2 expires Dec. 20th 2012 and I have to return to China early Dec. anyway.

So I was planning to just apply for a new B1/B2 visa early next year and return to the US in the spring. Then most likely would apply for a spousal visa after entering the US legally.

I thought this would be easier than doing the process in China. Also I hoped to return to the US with my husband in the spring and didn't want to stay in China while awaiting the application process.

If I were to apply for the spousal visa in China I would have to file something to have permission to travel into the US while awaiting the application process and that could take months, so rather than doing it in China hoped to just come back with my husband. (I'm not even sure what form that would be to enter the US while awaiting the spousal visa)

Sorry, your plan is not legal. Your B2 visa renewal will be denied. A B2 visa is not for immigrating. Now that you are here, USCIS understands it is overly bureaucratic to make you go home to come back, but if you leave, you lose his chance and have to get a spousal visa. A stated above, you cannot enter the US on a non-immigrant visa with the intent of immigrating.

[FANGFANG 0]

Sorry, your plan is not legal. Your B2 visa renewal will be denied. A B2 visa is not for immigrating. Now that you are here, USCIS understands it is overly bureaucratic to make you go home to come back, but if you leave, you lose his chance and have to get a spousal visa. A stated above, you cannot enter the US on a non-immigrant visa with the intent of immigrating.

Thanks for all the feedback from everyone!

Any idea of how it works if I return to China and we file forms I-130 & I-485 while in China, but would like to go back to the US just for a visit while the application is being processed?

If it possibly takes up to a year to complete the spousal visa and I would like to enter the US for a wedding before that is completed is that possible?

I know for example if I applied for the spousal visa I could also file form I-131 allowing me to travel in and out of the US while the application for spousal visa is pending, any forms similar to this that can be filed while outside the US and awaiting the spousal visa process?

[Sandra G. 5,056]

Fangfanf your husband is a US Citizen and you have the intent to immigrate then please follow the Law and apply for the correct visa CR1 ABROAD.Don't screw up your case huh.

The visitor visa extension is taking 6 to 8 months.

Edited September 6, 2012 by sandranj

[Asia 2,498]

If your B1/B2 visa is still valid, you can use it while waiting for your immigration proces to be finished.

[FANGFANG 0]

Fangfanf your husband is a US Citizen and you have the intent to immigrate then please follow the Law and apply for the correct visa CR1 ABROAD.Don't screw up your case huh.

The visitor visa extension is taking 6 to 8 months.

Yep we will be following the law and doing the proper procedures.

Many answers covering these legality questions had already been covered in previous replies.

Now I'm just trying to figure out if there is a form similar to I-131 that can be used when applying for the spousal visa while outside the US. A form that allows entry into the US while the application is being processed. I have no problem leaving the US again before the CR1 has been granted or not, but just trying to find a way to enter for a wedding that will happen before the application process is over.

[JohnR! 5,495]

Yep we will be following the law and doing the proper procedures.

Many answers covering these legality questions had already been covered in previous replies.

Now I'm just trying to figure out if there is a form similar to I-131 that can be used when applying for the spousal visa while outside the US. A form that allows entry into the US while the application is being processed. I have no problem leaving the US again before the CR1 has been granted or not, but just trying to find a way to enter for a wedding that will happen before the application process is over.

There is no such document. If you wish to travel to the US while your CR-1 is being processed you can do so with your existing B1/B2 visa, for as long as it is valid. You can enter the country as a tourist or for business, as always.

Edited September 6, 2012 by Gegel

[FANGFANG 0]

There is no such document. If you wish to travel to the US while your CR-1 is being processed you can do so with your existing B1/B2 visa, for as long as it is valid. You can enter the country as a tourist or for business, as always.

My current B1/B2 visa will be expired before the wedding.

Actually there is no rush to begin the CR-1 process. I just was considering that since I know it takes time. My husband still works in China and probably will for a few more years. I thought it was the best option to start the immigrant visa, but actually we wont be living in the US anytime soon.

With that being said maybe I should just return to China as planned and then apply for a new B1/B2 tourist visa for the wedding next year.

Is that legal? Is it common to apply for a new visa to travel to the US after the current visa had expired? To me it seems that would be fine, but some people assumed I was trying to play the system to get back into the US and stay permanently.

[JohnR! 5,495]

My current B1/B2 visa will be expired before the wedding.

Actually there is no rush to begin the CR-1 process. I just was considering that since I know it takes time. My husband still works in China and probably will for a few more years. I thought it was the best option to start the immigrant visa, but actually we wont be living in the US anytime soon.

With that being said maybe I should just return to China as planned and then apply for a new B1/B2 tourist visa for the wedding next year.

Is that legal? Is it common to apply for a new visa to travel to the US after the current visa had expired? To me it seems that would be fine, but some people assumed I was trying to play the system to get back into the US and stay permanently.

In this case you will need to apply for a new visa. It is not uncommon and if you have plans to come to the US before or while your process goes through the system you will need it. You will have to present the same type of evidence you did when you first got and that you used your current visa in a proper manner should also count in your favor.

It is very common for people to apply for a new visa once their existing one expires. (Many use the misnomer 'visa renewal' in fact).

That being said, you can enter the US and get married on a B1/B2 visa. That is not illegal. Entering the US to marry and stay is considered fraud, according to immigration law.

Your husband should start your CR/IR process - if you do get married - about a year before the time you intend to move to the US. It should take about that long to complete the process.

[Teddy B 17,252]

My current B1/B2 visa will be expired before the wedding.

Actually there is no rush to begin the CR-1 process. I just was considering that since I know it takes time. My husband still works in China and probably will for a few more years. I thought it was the best option to start the immigrant visa, but actually we wont be living in the US anytime soon.

With that being said maybe I should just return to China as planned and then apply for a new B1/B2 tourist visa for the wedding next year.

Is that legal? Is it common to apply for a new visa to travel to the US after the current visa had expired? To me it seems that would be fine, but some people assumed I was trying to play the system to get back into the US and stay permanently.

As stated earlier, if you are intending to immigrate on a B1/B2 visa, that is illegal. Seeing you are already married, why not just start the CR/IR process ahead of time, before you plan on returning to the states?