B2 Extension, with CR1 dq’d

[mimipimpaporn 4]

Hi,

 

Currently, I have been in the states for almost 5 months now using B2 visa. My stay is supposed to end on September 4, 2021. I am also already dq’d by NVC for my CR-1 visa but won’t get to be interviewed until around December/ January. 
 

Right now I’m thinking about extending my stay for 2-3 more months due to many reasons but mainly the new wave of covid in my home country, Thailand. 
 

I heard that it’s gonna be a long wait and I’d likely have to overstay while the case is pending and then go home after overstaying for 2-3 months.

 

But I’m just not 100% sure if it’s ok that way and what I should do before I leave. Just confused with all the details. And just curious how long you can actually stay with i-539 pending because people say different things.

 

Please kindly advise.

Thank you.

Edited July 19, 2021 by mimipimpaporn

[SusieQQQ 11,587]

Why don’t you just AOS?  What’s the point in trying to extend it just so you can be here until you go home and interview and come back again?

 

By the way if you do decide to file i539, it is only overstay if the i539 is denied, and it is not unlawful presence if you stay while it is pending. A little complex but doesn’t really matter tbh in your instance as spouse of USC, as long as you have you left before 180 days after your current authorized stay ends.

 

 

Edited July 19, 2021 by SusieQQQ

[mimipimpaporn 4]

@SusieQQQ

 From my understanding, if I AOS, I would have to start everything over again and kinda throw away all the process of CR-1 I’ve got so far. So I thought the only way is to go back home when I get IL and follow the normal process.

[SusieQQQ 11,587]

4 minutes ago, mimipimpaporn said:

@SusieQQQ

 From my understanding, if I AOS, I would have to start everything over again and kinda throw away all the process of CR-1 I’ve got so far. So I thought the only way is to go back home when I get IL and follow the normal process.

It’s not starting everything over again, but yes it may take longer after the i485 is filed vs when you can get a green card at home. Whether or not it does, depends on i485 processing time at the FO you will be at vs the backlog for immigrant visas in Thailand - do you happen to know what DQ date they are currently interviewing there? How confident are you of the December/January interview timeline? Of course if you AOS you can apply to get an EAD and AP which will allow you to work etc (if you want) in the US before you get the green card. Depends what your main priorities are. And of course you may have to stuff still to sort out in Thailand before making the move.  But it is an option I wanted to mention.
 

 

Edited July 19, 2021 by SusieQQQ

[mimipimpaporn 4]

@SusieQQQ wow this is all new information for me. The latest DQ date that got IL is around 15-16 January 2021. And their interviews are scheduled towards the end of August. My goal here is to start working as soon as possible. Cause my husband is struggling financially and working only part time. I already got my degree and work experience so I think I would be able to help out a lot as soon as I get to work here.

[SusieQQQ 11,587]

Just now, mimipimpaporn said:

@SusieQQQ wow this is all new information for me. The latest DQ date that got IL is around 15-16 January 2021. And their interviews are scheduled towards the end of August. My goal here is to start working as soon as possible. Cause my husband is struggling financially and working only part time. I already got my degree and work experience so I think I would be able to help out a lot as soon as I get to work here.

If you are in bluegrass IA as per profile that falls under Des Moines FO, which looks like 1-2 years to process i485, so that won’t be quick to a green card. EADs are supposedly mostly taking 6-8 months to process at present according to reports on VJ, but I have seen some reports of 4-5 months and some of 10 months, unfortunately backlogs are affecting all processes. So it’s hard to give you a definitive answer as to what will get you working faster.

[mimipimpaporn 4]

@SusieQQQ that’s alright but thank you so much though. That’s such a useful information. I didn’t know it’s possible that wat. Thank you.

[Adventine 3,201]

As you mentioned working is a priority for you, it may be worth sitting down with your husband to compare the costs of:

 

Plan A: Going back to Thailand to wait for the spousal visa process

Plan B: Filing for AOS in the States

 

I also got stuck in the US while visiting my fiance because of constantly changing travel restrictions in my home country.

 

Part of my decision making process with my husband was to create a spreadsheet with all the costs of our plan A (me returning to my home country to wait for the visa) vs all the costs of plan B (filing for AOS). We included the cost of the filing fees, an estimate of additional groceries/utilities/misc items I needed to replace that were left in my home country, the financial effect of me resigning from my job in my home country, etc. After looking at the numbers, we chose to file AOS instead.

 

Your personal situation is different but I hope this helps you make an informed decision.

 

 

Edited July 19, 2021 by Adventine