transition from b-1 visa

[danimatt 0]

Hi guys.I really need some help. This is my fourth time in U.S I've always came here on a B1 visa. I got here last march, asked for an extention, and got it for more sis months. The second time I came to america, I met this guy, we 've dating since. Now we want to get marry. My visa ( on my passport) expires on Dec,19,2010 but the extention is due to march,03 ,2011. We are getting married now in December 22. What should I do????????

[Ban Hammer 13,452]

the above split from a pi regional thread. moving from pi regional to Adjustment of Status from Work, Student, & Tourist Visas as that is a more appropriate forum for this question.

[Harpa Timsah 13,258]

Hi guys.I really need some help. This is my fourth time in U.S I've always came here on a B1 visa. I got here last march, asked for an extention, and got it for more sis months. The second time I came to america, I met this guy, we 've dating since. Now we want to get marry. My visa ( on my passport) expires on Dec,19,2010 but the extention is due to march,03 ,2011. We are getting married now in December 22. What should I do????????

Well, what do you want to do? I believe your extension invalidates your visa anyway (although cool you got it!) so you can't use the same one again. While you stay here I think the extension overrides the expired visa, so I wouldn't worry. Are you wanting to stay here? If you didn't come with the intent to stay you can file this package of forms after you get married.

http://www.visajourney.com/content/i130guide2

Once you get these out, you can't go home for about 3 months, so plan accordingly. This process leads to a greencard and being a legal permanent resident. The whole thing takes about 3-4 months. Congrats on your upcoming wedding!

[Ghamzi 2]

Harpa is right. It does not matter when your visa expires, you are considered to be in legal status till march,03 ,2011.

Since you haven't got married yet, you have actually 3 choices.

1) Get married and then apply for Adjustment of Status (3 to 6 months).If you do apply for AOS consider I-131 which is an advanced parole that allows you to re-enter the U.S. again while your case is pending. All depends on your travel plans, of course. Bare in mind that if you did leave the U.S. you might not be able to acquire another B1 visa as your possible immigration intentions (b/c of marriage) might scare off the consulate.

2)Get married then decide to go back. You would then go through the consular process of a spouse of U.S. citizen (IR-1/CR-1 Visa) (9+ Months, I think), the timing of completing your case is much longer than an AOS route.

3)Get engaged then go back to your country. You would then go through a fiancee visa (K-1)(6 to 9 months then AOS after wedding). It would be faster than choice #2 to come back but as you go through the AOS it is another long process to put into consideration.

If you did get married I would strongly recommend applying for an AOS if you did get married. Try to do it before you fall out of status. Goodluck!!

[danimatt 0]

Well, what do you want to do? I believe your extension invalidates your visa anyway (although cool you got it!) so you can't use the same one again. While you stay here I think the extension overrides the expired visa, so I wouldn't worry. Are you wanting to stay here? If you didn't come with the intent to stay you can file this package of forms after you get married.

http://www.visajourney.com/content/i130guide2

Once you get these out, you can't go home for about 3 months, so plan accordingly. This process leads to a greencard and being a legal permanent resident. The whole thing takes about 3-4 months. Congrats on your upcoming wedding!

Thank you for the information! SO, I didnt come here on this porpuse, like I said, its my forth time, i think is clear that if I wanted to do that, I would have done in the first time, do you think they will consider that? Hope so! But I do want to be with him...we know each other for a long time, and we ve been dating on a distance, but now we want to get to together...so I intent to stay here with him, No more distance! So, do u think I can at least get a fiance visa without having to return and spend more money on ticket and stuff, since we re getting married and are doing some saving ??? THANK YOU SO MUCH, it did already helped me a lot!!!!!!!!!!!

[danimatt 0]

Thank you!!!

So it seems to me that the first option is the best, right? No problem, because we plan on getting married soon. Probably December, when we have families that lives faraway and come to christmas. So, there is a another problem. With the job he has, he travels a lot, and as I was reading, the interview for the green card can happen any time after we apply for it, so what about if they set up a date and he is traveling? Thanks again!

[Ghamzi 2]

Thank you!!!

So it seems to me that the first option is the best, right? No problem, because we plan on getting married soon. Probably December, when we have families that lives faraway and come to christmas. So, there is a another problem. With the job he has, he travels a lot, and as I was reading, the interview for the green card can happen any time after we apply for it, so what about if they set up a date and he is traveling? Thanks again!

Yes first option is your best bet. If I were you, I would start assembling the package according to Harpa's link and any new modification on USCIS instructions. Once you get married, apply before your status expire.

As far as the interview, you can request a rescheduled one. BUT it is not recommended and may significantly affect your case as I read on this forum. To have your best chance of being approved, you just have to make it. They expect you to reschedule your plans rather than rescheduling the interview. Anyhow, I wouldn't worry about it now. You will certainly not get an interview till at least 2 months after the day they receive the package. They also give you enough time to know ahead of time.

Goodluck with your plans!

[Ban Hammer 13,452]

bump back to the top.

[danimatt 0]

Thank you for all your help. This web site is really helpfull.