B2 visa while in US, already applied for IR/CR1

[steve-phuket 10]

we have a B1/B2 visa for my wife and are flying to the US soon. I (USC) will be working and i'd like my wife to stay with me at least 6 months (which is standard i think) and extend if possible.

 

I understand i can apply for an extension 45 days before the 180 is up right? do i need to give a reason, is just staying with me enough of a reason?

 

Also, we have applied for spouse greencard already, thinking interview in Bangkok towards the end of this year but no notification yet. Would that be a problem for a B2 extension?

 

Also on a related note, what if she gets an interview date in Bangkok while in the US, can she opt to do the green card interview in the US? or failing that, can she delay the Bangkok interview until she gets back?

 

Thanks

 

Edited March 19, 2021 by steve-phuket

[steve-phuket 10]

I just read this 

"What If Your Status Expires Before USCIS Approves the I-539?
If you have filed Form I-539 to extend your visa or change your status and the date of your authorized stay on your I-94 Arrival/Departure record has passed, don’t panic. USCIS cannot place you in removal proceedings until your application has been decided upon.

In addition, you will not accrue unlawful presence while your application is pending. However, if you receive notice that your I-539 application has been denied, even if the date on your I-94 has not yet passed, your B visa will become void and you will be required to depart the U.S. immediately.

"

at nolo.com

 

so once you apply, you can legally stay past the 180day limit our application has been decided upon, which is great, so its kind of like an automatic extension if you leave it until a week or so before the 180s are up right?

 

also since "However, if you receive notice that your I-539 application has been denied, even if the date on your I-94 has not yet passed, your B visa will become void and you will be required to depart the U.S. immediately", it would be very risky to apply early in case you get denied and don't even get the 180 days right?

 

what to do? thanks

[Dashinka 24,494]

Just keep in mind, the duration of the stay on a B2 is at the discretion of the CBP officer, it may be six months, then again it may not be.  Also, visa interviews are not done in the US, if she comes and gets in on the B2 and the visa interview comes up, she will have to return to complete the consulate phase including the medical exam and the interview.

 

Additionally, coming to the US on a B2 with a spousal visa package in process and planning to stay as long as possible and even extend the stay can be risky relative to even getting in.  Many folks have been turned away by CBP especially if they show up with enough personal belongings that it looks like they are planning to stay permanently.  Usually, short and more frequent visits are better.

 

Good Luck!

Edited March 19, 2021 by Dashinka

[SusieQQQ 11,586]

4 hours ago, steve-phuket said:

If you have filed Form I-539 to extend your visa or change your status and the date of your authorized stay on your I-94 Arrival/Departure record has passed, don’t panic. USCIS cannot place you in removal proceedings until your application has been decided upon.

The “cannot ” is incorrect and contradicts the official USCIS information:

 

Your lawful nonimmigrant status ends, and you are out of status, when your Form I-94 expires, even if you have timely applied to extend your nonimmigrant status. Generally, as a matter of discretion, USCIS will defer any removal proceedings until after the petition is adjudicated and USCIS decides your request for extension of nonimmigrant status. Nevertheless, DHS may bring a removal proceeding against you, even if you have an application for extension of status pending.

https://www.uscis.gov/sites/default/files/document/guides/C1en.pdf , page 3 - suggest you read the rest of the document too

 

5 hours ago, steve-phuket said:

do i need to give a reason, is just staying with me enough of a reason?

Yes, she (she is applying not you) needs to give a reason. If they think she is misusing B status to essentially live in the US, which they may from a reason like this, or any other insufficient evidence of why she will return home after her stay, they will probably deny the application. 

 

5 hours ago, steve-phuket said:

Also, we have applied for spouse greencard already, thinking interview in Bangkok towards the end of this year but no notification yet. Would that be a problem for a B2 extension?

Possibly, see above answer. A B status requires non immigrant intent.

FYI it has been taking over 4-6 months for these extension applications to get adjudicated recently. 

 

5 hours ago, steve-phuket said:

Also on a related note, what if she gets an interview date in Bangkok while in the US, can she opt to do the green card interview in the US? or failing that, can she delay the Bangkok interview until she gets back?

She can, but changing  to AOS at that stage is going to add expense and probably a year or two to the process. And delaying interviews doesn’t always get you a date you want. If that were me - I’d fly back for the interview and return to the US with an immigrant visa.

[steve-phuket 10]

OK, thanks for the info everyone. SusieQQQ said "FYI it has been taking over 4-6 months for these extension applications to get adjudicated recently.". We would only want to stay an extra 6 to 8 weeks beyond the 180  days at most, since I work outside and would return to Thailand when the winter kicks in.

 

So suppose we apply and hear nothing back (likely), do you think there would be an issue at the airport when we leave? The last thing we want is a black mark on her immigration record.

 

Thanks

 

 

[SusieQQQ 11,586]

2 minutes ago, steve-phuket said:

OK, thanks for the info everyone. SusieQQQ said "FYI it has been taking over 4-6 months for these extension applications to get adjudicated recently.". We would only want to stay an extra 6 to 8 weeks beyond the 180  days at most, since I work outside and would return to Thailand when the winter kicks in.

 

So suppose we apply and hear nothing back (likely), do you think there would be an issue at the airport when we leave? The last thing we want is a black mark on her immigration record.

 

Thanks

 

 

There’s never a problem when you leave (well unless there’s an arrest warrant out for you lol), the problems arise when you want to return.

[steve-phuket 10]

OK, thanks, maybe better not no push our luck.

 

It looks like IR/CR1 in Bangkok is taking over 400 days so likely she would not get her interview until spring next year.