Can i AOS while B2 extension is pending?

[Yesteryear 0]

Hi currently on tourist visa with i-94 expiring January 2018. My PD July 2017.

 

If we file to extend tourist visa, can i file for AOS if i am still in the US when my PD is current under Filing Chart (not final action)? Even if there is no decision on my extension yet.

 

This is for F2A with LPR spouse

 

Edited December 6, 2017 by Yesteryear

[BuiQuang 95]

u better have valid reason for extension.  if extension is denied, then time beyond original I-94 is overstay which will affect ur AOS.

 

u would take gamble that extension is legitimate.  if not, you will lose big.

[Yesteryear 0]

11 minutes ago, BuiQuang said:

u better have valid reason for extension.  if extension is denied, then time beyond original I-94 is overstay which will affect ur AOS.

 

u would take gamble that extension is legitimate.  if not, you will lose big.

Thanks for the quick reply.

 

we have traveled to different states and mexico while i have been here the past few months. Would more travel be a valid reason for them to approve?

[Mollie09 1,543]

Just now, Yesteryear said:

Thanks for the quick reply.

 

we have traveled to different states and mexico while i have been here the past few months. Would more travel be a valid reason for them to approve?

No, definitely not.

 

You're risking a lot by overstaying.

[BuiQuang 95]

Just now, Yesteryear said:

Thanks for the quick reply.

 

we have traveled to different states and mexico while i have been here the past few months. Would more travel be a valid reason for them to approve?

no.  what does more travel show?  

 

what is ur legitimate reason for wanting more time in the US?  why do u need more time to visit the US?

[Our Journey 73]

He needs more time in the US only to apply for AOS Thats all.

[Yesteryear 0]

1 hour ago, Mollie09 said:

No, definitely not.

 

You're risking a lot by overstaying.

So even if i file AOS while extension is pending, they would not touch my AOS until they have an answer about extension?

 

If extension approved then i can stay and adjust. But if denied then i have to leave?

 

am I understanding it correctly? 

[Mollie09 1,543]

4 hours ago, Yesteryear said:

So even if i file AOS while extension is pending, they would not touch my AOS until they have an answer about extension?

 

If extension approved then i can stay and adjust. But if denied then i have to leave?

 

am I understanding it correctly? 

If you are denied (and you will be, you have no valid reason to extend your stay) you cannot adjust and will have overstayed, which is not forgiven since your spouse is not a citizen. It's really not worth it.

[Yesteryear 0]

 

On 12/6/2017 at 7:45 PM, Mollie09 said:

If you are denied (and you will be, you have no valid reason to extend your stay) you cannot adjust and will have overstayed, which is not forgiven since your spouse is not a citizen. It's really not worth it.

What would be the next best step to stay so i can AOS if my PD comes up let's say in July 2018?

[Unlockable 7,316]

24 minutes ago, Yesteryear said:

 

What would be the next best step to stay so i can AOS if my PD comes up let's say in July 2018?

The best step for you is to go back to your country and wait it out like everyone else.

[Mollie09 1,543]

11 hours ago, Yesteryear said:

 

What would be the next best step to stay so i can AOS if my PD comes up let's say in July 2018?

 

A massive change in immigration law? Short of that, you need to go home and wait there.

[BuiQuang 95]

don't be stupid.  deny extension for frivolous application = overstay = u may not get a green card

[WeGuyGal 1,052]

On 12/6/2017 at 2:00 PM, Yesteryear said:

Hi currently on tourist visa with i-94 expiring January 2018. My PD July 2017.

 

If we file to extend tourist visa, can i file for AOS if i am still in the US when my PD is current under Filing Chart (not final action)? Even if there is no decision on my extension yet.

 

This is for F2A with LPR spouse

 

Most F2A beneficiaries with LPR spouses wait overseas until a visa is ready.  Don't try an illegal/frivolous shortcut.

[Patoga 10]

So, i am LPR wife, my stepdaugther wait overseas in our home country and she got her green card in less that 2 years. I started consular process then i adjust status, i am still waiting for my interview its gonna be my 3rd year and my stepdaugther and i started with same priority date. So just be patience and wait in your country. I have EAD renew 3 times already.

I dont have overstay becausewhen i filled my 485 i was in my 6 months of B2 visa.

[Yesteryear 0]

3 hours ago, Patoga said:

So, i am LPR wife, my stepdaugther wait overseas in our home country and she got her green card in less that 2 years. I started consular process then i adjust status, i am still waiting for my interview its gonna be my 3rd year and my stepdaugther and i started with same priority date. So just be patience and wait in your country. I have EAD renew 3 times already.

I dont have overstay becausewhen i filled my 485 i was in my 6 months of B2 visa.

Thanks for the reply.

So you were able to come in as a tourist for 6 months after consular processing was started? I thought it is almost impossible because coming in as a tourist there should be no immigration intent? And consular processing already shows intent?