Stay in the United States on B1/B2 visa

[Ron31 0]

Hello everyone,

hope you’ll are doing fine. I had a question about staying in United States. I have B1/B2 visa for 10 years (till 2027) and I have filled spouse visa green card I-130 in November. So, my question is can I stay more than 6 months in the United States if my application is still pending?

[mytruelove18 608]

No, because you will overstay your visa then do another process to be legally

[pushbrk 12,892]

2 hours ago, Ron31 said:

 

Hello everyone,

hope you’ll are doing fine. I had a question about staying in United States. I have B1/B2 visa for 10 years (till 2027) and I have filled spouse visa green card I-130 in November. So, my question is can I stay more than 6 months in the United States if my application is still pending?

No.  Technically, you have filed nothing.  Your spouse has filed a petition in your behalf.  When that petition is approved,  you will be invited to apply for an immigrant visa.  So far, NOTHING has been "applied for".  Don't overstay your allowed six months.

That said, you do have the option to change your mind about seeking an immigrant visa, and instead seek to adjust your status to permanent resident based on you marriage.  While that is possible, doing so pretty much locks you in to staying in the USA for an additional six to eight months from the time you start THAT  process.  If you leave too soon, you won't get back in.  If nothing besides the expiration of your stay is compelling you to leave the USA, then start by reading the guide for adjusting status and become an A-Student of the form instructions.  There are several forms needed and a $1,225 fee to USCIS in addition to what has already been paid.