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Green card through marriage - currently in US on B1/B2

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  • Green card through marriage - currently in US on B1/B2

    Hello all,

    I got immense help from Immihelp forums when I applied for B1/B2 tourist visa to the US from India. I got it approved on June 12th 2017 Thanks to you all

    I got married to a US lawful permenant resident (but, Indian Citizen) on July 22nd 2017. The wedding was in India and my husband left to US by July end itself.

    Later, I traveled on my visit visa to US on September 23rd 2017. I am currently in the US as I post this on immihelp. My husband filed i130 form for alien relative on Nov 1st 2017. We are currently waiting for the approval of i130 which has been routed to California Service center. Haven't heard from USCIS for RFE.

    As per my I-94, I can stay in the United States till March 22nd, 2018. I am planning to go back to India before that to avoid breaking any laws. Is there any way I can stay in the US and adjust my status once my I130 gets approved? I know that i485 could have been an option if my husband were a US Citizen. But I'm writing here to check if there is any other option that I have not explored yet. Please advice.

    Also, please let me know if my visit and stay in the US will affect my chances for green card approval in any way? (I will be staying only within the approved period marked in my I94).

    Any help is appreciated

  • #2
    Originally posted by Amth289 View Post
    Is there any way I can stay in the US and adjust my status once my I130 gets approved? I know that i485 could have been an option if my husband were a US Citizen.
    Get a H visa through a cap-exempt employer. Have your husband seek naturalization. Divorce him and marry a citizen. Those are your options, because you have to remain in status in order to apply for adjustment of status on the basis of your marriage to a permanent resident - and you won't have an opportunity to do that for two years. You can't get an extension of your B visa, or a change to F (student) visa because you don't have bona fide non-immigrant intent

    Originally posted by Amth289 View Post
    Also, please let me know if my visit and stay in the US will affect my chances for green card approval in any way? (I will be staying only within the approved period marked in my I94).
    180+ day overstay will jeopardize your ability to get an immigrant visa through a consulate abroad. Avoid doing so.

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