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B2 Visa extension progressed but since applying for extension I got married

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  • B2 Visa extension progressed but since applying for extension I got married

    Hi!
    I came to the US in February 2020, I was only meant to be here for 2 months, but COVID hit and my flights were cancelled. I am from Australia and it became increasingly more difficult to return there. I quarantined with someone I was being romantic with and while in quarantine I applied for b2 extension (I abided by all the rules of when to apply for this). I did that in June. I ended up falling in love with the person and we got married this February, and we decided to do adjustment of status so I can stay here and be with him. I only just received a response for B2 extension, requesting biometrics. I am still filling out paperwork and gathering affidavits and evidence for my application for AOS. I am wondering how necessary it is for me to attend that biometrics appointment? Or if I can alert USCIS to the fact that I am about to apply for AOS? Would it be damaging is I skip it, will it come back to be bite me in my AOS application?

    Thank you!

  • #2
    Is your spouse a US citizen?

    This is my personal opinion and is not to be construed as legal advice.

    Comment


    • #3
      Hi,
      While filing Adjustment of status, Its better to be on Non-Immigrant status... It will really protect you while AOS is on pending.. Better you go ahead and complete finger print... Meanwhile you can file AOS with all necessary documents.. Hope you followed 90days rule too.
      I want to heads up one more thing. You can not be in the USA on B visa more than one year.
      Thanks

      Comment


      • #4
        Originally posted by newacct View Post
        Is your spouse a US citizen?
        Hi! Yes he is a us citizen!

        Comment


        • #5


          Originally posted by rkk09 View Post
          Hi,
          While filing Adjustment of status, Its better to be on Non-Immigrant status... It will really protect you while AOS is on pending.. Better you go ahead and complete finger print... Meanwhile you can file AOS with all necessary documents.. Hope you followed 90days rule too.
          I want to heads up one more thing. You can not be in the USA on B visa more than one year.
          Thanks
          Hi, thanks for responding. That’s kinda why I’m wondering whether it’s necessary for me to go to biometrics as I have already overstayed. If the b2 extension is approved if I do biometrics the overstay will be for a shorter time, but there will still be overstay, but there will be overlap of me getting married. I waited for 90 days to apply for extension.
          Thank you so much for responding!

          Comment


          • #6
            It doesn't matter either way. You can be out of status for years and it will not affect your AOS in this category.

            This is my personal opinion and is not to be construed as legal advice.

            Comment


            • #7
              Originally posted by rkk09 View Post
              You can not be in the USA on B visa more than one year.
              There is no such rule. The initial admission can be at most 1 year (usually 6 months), and it can be extended in 6-month increments an unlimited number of times.

              This is my personal opinion and is not to be construed as legal advice.

              Comment


              • #8
                m
                Originally posted by newacct View Post
                There is no such rule. The initial admission can be at most 1 year (usually 6 months), and it can be extended in 6-month increments an unlimited number of times.
                what I've read, you're only allowed to extend b2 visa one time, and be here for up to a year?

                thank you for the response in regards to aos, so it doesn't matter if I miss my biometrics for b2 because I am married and will be applying for aos?

                Comment


                • #9
                  Originally posted by planbee View Post
                  what I've read, you're only allowed to extend b2 visa one time, and be here for up to a year?
                  No, there is no limit.

                  Originally posted by planbee View Post
                  thank you for the response in regards to aos, so it doesn't matter if I miss my biometrics for b2 because I am married and will be applying for aos?
                  yes

                  This is my personal opinion and is not to be construed as legal advice.

                  Comment


                  • #10
                    Originally posted by newacct View Post
                    There is no such rule. The initial admission can be at most 1 year (usually 6 months), and it can be extended in 6-month increments an unlimited number of times.
                    Hi,
                    I just got below reference from USCIS website.. I meant to say this.
                    Period of Stay/Extension of Stay
                    1 to 6 months; 6 months is the maximum Up to 6 months; maximum total amount of time permitted in B-1 status on any one trip is generally 1 year.
                    Hope this clarifies.
                    Thanks

                    Comment

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