Visa Extension Current

[Doncito 1]

Hola Friends....well, I got the K-1 off in the mail (certified)....new question. My fiance is currently living with me on a Visitor Visa (Tourist?). She has to return to Mexico on 2/3/13. We don't expect our K-1 to be approved by then. We want to apply for an extension. Any advice? I assume it is done from here in the U.S. Last question: Upon her return to Mexico how long would it take her to obtain another Visitor Visa for a return visit? Thanks for any advice you can provide.

[Penguin_ie 5,992]

Does she have a B2 tourist visa or a border crossing card?

Is her visa multi-entry (if so, she can try to come back whenever she wants though to be on the save side, should stay out of the US longer than she has been in), or a single use visa/ about to expire?

You need a good reason to get an extension on a tourist visa beyond the 6 months. "Missing eachother" is not a good enough reason. Why does she NEED an extension?

[Teddy B 17,251]

Hola Friends....well, I got the K-1 off in the mail (certified)....new question. My fiance is currently living with me on a Visitor Visa (Tourist?). She has to return to Mexico on 2/3/13. We don't expect our K-1 to be approved by then. We want to apply for an extension. Any advice? I assume it is done from here in the U.S. Last question: Upon her return to Mexico how long would it take her to obtain another Visitor Visa for a return visit? Thanks for any advice you can provide.

An extension will probably be denied with an existing K-1 application, plus extensions are usually for emergency type events. Seeing you've filed for a K-1 visa, it's clear that she had no immigrant intent when entering the US, why not just get married now and file for AOS?

Edited October 3, 2012 by Teddy B

[Doncito 1]

Thanks for your advice, She has a B-2, please tell me what is an AOS?

An extension will probably be denied with an existing K-1 application, plus extensions are usually for emergency type events. Seeing you've filed for a K-1 visa, it's clear that she had no immigrant intent when entering the US, why not just get married now and file for AOS?

[Teddy B 17,251]

Thanks for your advice, She has a B-2, please tell me what is an AOS?

Here is the guide for AOS(Adjustment Of Status), read it carefully and see if it's what you want to do.

AOS

[jaycali 415]

Thanks for your advice, She has a B-2, please tell me what is an AOS?

On her B-2 visa it'll say "entries" - Does it say 1 or M? 1 means she can only use it for one entry, and she'd have to apply for a new B-2 once she returns to Mexico. Getting a B-2 approved with a pending K-1 case is very difficult.

M means multiple entries and she can use the same visa to enter the US again. Although she can use the same visa, this does not guarantee entry - She still has to satisfy the CBP at the border/airport that she has every intention to return to Mexico.

AOS is Adjustment of Status. If you're married and she entered legally using a visa, she can adjust status in the US rather than having to apply for a K-1 visa outside the US.

You'll need to:

1. Get married.

2. File a form I-130 in conjunction with an I-485. Optional forms you may also file are I-751 (for work authorization) and I-131 (for advance parole).

3. Wait in the US.

4. Go to an interview in the US.

If she is currently in the US and you plan to get married asap anyway, AOS is much better option than the K-1 route - It'll save you 6 months to a year of separation.

Edited October 4, 2012 by jaejayC