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  • LPR Marrying a Visitor

    Hello Everybody,

    I am a LPR , and i am in a relationship with someone who is in the united states on a visitor visa (B1/B2) and we plan on getting married, she has been in the us for the past 4 months legally and is planning to apply for an extension of her I-94 so we can stay together longer and because we are planning on getting married soon!

    My questions are:
    - Will they give her a 6 month extension of her i-94? (her visa expires in 7 months, and she still currently have 2 more months for her current i-94, so would the new i-94 be longer than her visa expiry date?)

    - Can we apply to I-130 after we go to city hall and register marriage?
    -how long does the whole process take? I know visa bulletin is currently set for March 2013
    -can i file i-130 and i-485 concurrently?
    because her visa expires in 7 months and i do not know how long would this take and i really want to stay with her!

    - What are the chances of her getting an extension of her current tourist visa after i file for i-130 for her? and if she does, will she be able to visit me?
    - If she overstayed her visa, will she be eligible of obtaining form i-601a approval due to the extreme hardship of leaving a husband (she is also applying for colleges to do a masters degree currently)
    - If she overstayed, would that affect my future naturalization application??

    Thank you everyone

  • #2
    Whether she will get an extension of her visitors visa status really depends upon the USCIS officer.

    She can't apply for I-485 until the priority date is current.

    Please check the visa bulletin at http://www.immihelp.com/visa-bulletin-tracker/ for priority dates.

    Leaving a husband in such situations is not an extreme hardship as that is something she chose to do by coming to the US on visitors visa and marrying him.
    Immihelp Support
    No legal advice. Use at your own risk.

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