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Filed: I-1 Visa Country: South Africa
Timeline
Posted

Good day,

I have a question regarding the B1/B2 Visitor visa.

My wife is a LPR and resident in the US. She has filed the I-130 on my behalf. I have a B1/B2 Visa and will be visiting my family in the US soon.

Its my understanding that the B1/B2 Visa caries a max 6 month stay and then I would have to leave the US and go back to the country of issue.

Is this correct? OR Can I extend my six months while still in the US? I read somewhere that it can be extended with an I-539 FORM.

Thank you very much.

Filed: Citizen (apr) Country: Ireland
Timeline
Posted

You can extend, but generally need a very good reason to do so (such as if your wife is pregnant). Also consider that if you extend, you are unlikely to be let back into the USA for a year ormore after you do leave, that is a long time to be apart from your spouse.

Bye: Penguin

Me: Irish/ Swiss citizen, and now naturalised US citizen. Husband: USC; twin babies born Feb 08 in Ireland and a daughter in Feb 2010 in Arkansas who are all joint Irish/ USC. Did DCF (IR1) in 6 weeks via the Dublin, Ireland embassy and now living in Arkansas.

mod penguin.jpg

Posted

Good day,

I have a question regarding the B1/B2 Visitor visa.

My wife is a LPR and resident in the US. She has filed the I-130 on my behalf. I have a B1/B2 Visa and will be visiting my family in the US soon.

Its my understanding that the B1/B2 Visa caries a max 6 month stay and then I would have to leave the US and go back to the country of issue.

Is this correct? OR Can I extend my six months while still in the US? I read somewhere that it can be extended with an I-539 FORM.

Thank you very much.

The B1/B2 visa does carry a max stay of 6 months, but that doesn't mean you will be allowed the full 6 months at POE. It is up to the POE officer to determine whether or not you can stay the full 6 months. You will need to maintain solid ties to your home country such as property and employment during your stay in the US, especially with a pending I-130. You can apply for an extension, but as has been said, unless you have a really good reason for the extension, you will probably be denied.

Filed: Timeline
Posted

The I-539 generally also takes a few months to process. You should file it shortly after arriving if you intend to do so. Again, you should have a very good reason.

As another poster said, you also will not likely be allowed in the US on that visa for a year after departing.

  • 2 months later...
Filed: I-1 Visa Country: South Africa
Timeline
Posted

Thank you everyone who replied.

My I-130 Petition for Alien Relative has now been approved.

I am currently in the US on a B1/B2 Visa. I have not overstayed.

My question are these :

Can I file a I-485 once my case becomes current rather than returning to my home country for the interview?

And

How do i change the BENEFICIARY Address so that all correspondence regarding this case is sent to my address in the US?

Will the NVC be suspicious of a US address as a beneficiary?

Thank you !

 
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