Extension of stay

[Deal 0]

I need guidance on what next to do. I entered the U.S in August 2015 on B1/B2 visa and was given 6 months at the point of entry.My 6 months expires by the end of January 2016. This is not my first visit,i have never stayed beyond 3 weeks in all my previous visits.However,on this occasion my fiancee got pregnant during my visit and she has been very sick. She has been in and out of hospital and i have had to stay longer than usual to take care of her,although i haven't overstayed.Now we got married in November 2016.She wanted me to file AOS,but i do not want to do that right now because to my understanding once you get a green card you cannot stay out of the U.S for more than 3 months. i need to tidy up my business in Nigeria before i can do this.Now, i do not know what to do,but i wanted to know if i can extend my stay for at least 4 months for my wife to deliver the baby.kindly advise.

[Dashinka 24,736]

i would probably do the adjustment considering your situation with your wife and soon to arrive child. You can leave the US with a GC for up to a year without needing a re-entry permit, but while you are waiting for the GC, I would do whatever I could to plan your business dealings so you would be gone for the shortest period. I am not an expert on adjusting from a B2 after marriage from the US, but assuming you did not enter the US on your B2 with the intention of getting married, I believe there is a route. I am not sure if there is a route to extend your B2, and I wouldn't suggest missing your exit date and risk an over-stay, but others may be more informed about this question.

Good Luck!

Edited January 27, 2016 by Bill & Katya

[caliliving 606]

you can stay and adjust through AOS which can take 5months-year depending..HOWEVER, you can not leave until you have your greencard in hand. this is your best bet, then you can leave after that and you can leave up to a year! so being gone 6 months is OK. You are allowed to overstay while you wait to apply for AOS or until you get your GC. after 3 months of applying for AOS you should get a EAD work permit so you can work in the USA. This entire process costs about $1500

If you go home and adjust, it is a more lengthy process and will take a year+ through CR1. I think that is about $1000

[Transborderwife 4,666]

Stay and adjust

[tomyka81 95]

wow I am surprised you were given a B1/B2 with a US based fiance.

[caliliving 606]

wow I am surprised you were given a B1/B2 with a US based fiance.

It sounds as though he has a really good business/ties back home and had no intention on staying.

[HFM181818 750]

no one ever does.....one question: what kind of business can maintain its economic health while the owner has been absent for months? I know I could not leave mine for very long.

[newacct 688]

If you apply for Adjustment of Status, you can apply at the same time for Advance Parole for free and the AP will take about 3 months to get after applying. You can travel abroad once you have the AP (remembering to come back for the interview). Since you were planning to stay for 4 more months anyway, this should work fine with your timeframe.

[Deal 0]

Thank you all for your advice,i guess my best option would be to stay behind and apply for AOS.

@tomyka81,mind you i said this is not my first visit.I have been visiting since 2008,before i met my fiance,hence i already had my B1/B2 visa.tx

[aaron2020 11,651]

no one ever does.....one question: what kind of business can maintain its economic health while the owner has been absent for months? I know I could not leave mine for very long.

I leave for 3 months trips annually. Lots can be done with good help, an iPhone, and a laptop. You don't need to be home to run a business when the Internet allows people to be anywhere and still be connected.

I have a low season in my business.

Edited January 28, 2016 by aaron2020

[NickD 203]

https://www.uscis.gov/i-539

We used this to extend the stay of my wife's mother on a B1/B2 visa, visa is good, I-94 expired.

If applying for AOS since it takes so long to get an interview and a green card can apply for an employment authorization card. Let's you get an SS number.

http://www.uscis.gov/i-765

If you need to travel while waiting for your AOS approval can apply for a travel document.

https://www.uscis.gov/i-131

All it takes is money, and lots of it.

[IcezMan_IcezLady 582]

I need guidance on what next to do. I entered the U.S in August 2015 on B1/B2 visa and was given 6 months at the point of entry.My 6 months expires by the end of January 2016. This is not my first visit,i have never stayed beyond 3 weeks in all my previous visits.However,on this occasion my fiancee got pregnant during my visit and she has been very sick. She has been in and out of hospital and i have had to stay longer than usual to take care of her,although i haven't overstayed.Now we got married in November 2016.She wanted me to file AOS,but i do not want to do that right now because to my understanding once you get a green card you cannot stay out of the U.S for more than 3 months. i need to tidy up my business in Nigeria before i can do this.Now, i do not know what to do,but i wanted to know if i can extend my stay for at least 4 months for my wife to deliver the baby.kindly advise.

Clear this up for me

Was that a typo or you are yet to get married?

Why are you still referring to your partner as fiance instead of wife if you are married??

[NickD 203]

Clear this up for me

Was that a typo or you are yet to get married?

Why are you still referring to your partner as fiance instead of wife if you are married??

She got pregnant before they got married, did get married, and his wife wants him to apply for the AOS. But he does not want to, because he has business to clean up first. And thinks there is a three month limit once he gets his green card.

Not sure about AOS processing times now, but took us over a year from the time we applied for the AOS before we saw any green cards. And they only start counting days you are out of the country after you received that green card. Heck, if waited another couple of months before applying, would have skipped that stupid ROC stage and gone directly into getting a ten year card. Didn't know any better at the time.

While legal to stay here once you received the NOA from your AOS application, can't do anything, unless you apply for that EAD and traveling document. Should give him a year to get his business squared away.

And besides, his kid need a daddy.

[IcezMan_IcezLady 582]

She got pregnant before they got married, did get married, and his wife wants him to apply for the AOS. But he does not want to, because he has business to clean up first. And thinks there is a three month limit once he gets his green card.

Not sure about AOS processing times now, but took us over a year from the time we applied for the AOS before we saw any green cards. And they only start counting days you are out of the country after you received that green card. Heck, if waited another couple of months before applying, would have skipped that stupid ROC stage and gone directly into getting a ten year card. Didn't know any better at the time.

While legal to stay here once you received the NOA from your AOS application, can't do anything, unless you apply for that EAD and traveling document. Should give him a year to get his business squared away.

And besides, his kid need a daddy.

I get that.. the date threw me off.

OP is calling his "wife" a fiancee..

And the marriage is supposed to happen in November 2016 ( we're only in January)

[IcezMan_IcezLady 582]

it is best to adjust before you go if you are already married.

Your past history might help you if you choose not to but the fact that you have a child here could make future visa a hassle to get.