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

[FANGFANG 0]

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.

Your advice is greatly appreciated! Thanks for answering my questions!!!

We are already married and I have actually been to the US twice this year on my current B1/B2 visa.

So I guess the plan would be we will return to China and start the CR/IR process, and then after we would apply for another B1/B2 visa so that I would be able to enter the US for the wedding next year. I just was not clear if a B1/B2 visa would be issued while we were waiting on the CR/IR to be completed.

[JohnR! 5,495]

Your advice is greatly appreciated! Thanks for answering my questions!!!

We are already married and I have actually been to the US twice this year on my current B1/B2 visa.

So I guess the plan would be we will return to China and start the CR/IR process, and then after we would apply for another B1/B2 visa so that I would be able to enter the US for the wedding next year. I just was not clear if a B1/B2 visa would be issued while we were waiting on the CR/IR to be completed.

In that case, you should get your B1/B2 before your husband starts the CR process, lest the consulate considers your petition for a tourist visa as a means to shortcut the system. Get the visa before your husband starts the CR/IR paperwork.

[FANGFANG 0]

In that case, you should get your B1/B2 before your husband starts the CR process, lest the consulate considers your petition for a tourist visa as a means to shortcut the system. Get the visa before your husband starts the CR/IR paperwork.

Great that is what we will do then.

Just hope they grant the visa as easily as last time. Afraid this time they will consider I'm married to a US citizen and might deny it assuming we would try to stay.

Again thanks for all your help!

[JohnR! 5,495]

Great that is what we will do then.

Just hope they grant the visa as easily as last time. Afraid this time they will consider I'm married to a US citizen and might deny it assuming we would try to stay.

Again thanks for all your help!

You're welcome! Good luck!

[Darnell 8,478]

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

This is wrong.

I write this, now, so that others will know..

This is WRONG W R O N G...

[Darnell 8,478]

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,

There is no basis for filing this particular combination

when

you are NOT in the USA.

Path depends on presence.

Please understand that, aye?

[Darnell 8,478]

Thanks for all the feedback from everyone!

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?

This is also wrong.

spousal visa path not ever contain the I-131 form.

You have confused 'adjustment of status' with 'visa'.

Please stop doing that, as you'll make yerself vomit.

Adjustment of status and a Visa both utilise the I-130.

Please, refactor, as you've missed an important bits, made an assumption, and are making path decisions based on wrong information.

[JoannaV 174]

Ah ok, now that I've read some more of your comments your situation is actually very straightforward.

When you return to China, apply for a new tourist visa, and use it to visit the US as you usually do.

About a year before you and your husband wish to move to the US, start the spousal visa application. You do this by filing the I-130. You can continue to visit the US using your tourist visa.

Once your I-130 is approved there will be some other forms to fill and finally you will interview at the US Embassy in China. Then you will use that visa to enter the US, and will have a green card.

[FANGFANG 0]

Ah ok, now that I've read some more of your comments your situation is actually very straightforward.

When you return to China, apply for a new tourist visa, and use it to visit the US as you usually do.

About a year before you and your husband wish to move to the US, start the spousal visa application. You do this by filing the I-130. You can continue to visit the US using your tourist visa.

Once your I-130 is approved there will be some other forms to fill and finally you will interview at the US Embassy in China. Then you will use that visa to enter the US, and will have a green card.

Yes this is what I have thought would be the correct procedure.

So that will be our plan for now and worry about filing for the CR when the time comes.

Just hope I will be able to get another B1/B2 visa for next year. The current visa was easy to get but afraid that now I'm married they may be more cautious of my true intentions, hope they believe its just for a visit and not planning to stay in the US.