on B2, married, won`t to leave, need to apply for?

[shelter]

My B2 visa expire for 3 months. I`m married to Green Card holder who recently applied for Citizenship. We don`t want to be separate, so now what application form should I apply for to stay in US. What is the best way for me to obtain legal status until my husband get citizenship so then we can apply for K visa? Please help

[nichole]

If he was already a citizen, then you could file immediately for Adjustment of Status (the green card) and remain in the US while waiting a decision, even if your B2 expired before the decision. The fact that you are AOS pending allows for that. In that case you would not actually need a visa which is just for entering the country for people who can't come otherwise.

But because he doesn't have citizenship yet, you won't be able to file until he does. Who knows how long that will take? If you can extend the B2, then that would allow you to stay until he is a citizen. Otherwise, legally, you should leave the country and start with a K3 visa petition when he is a citizen and wait on your visa approval before you come back. Then you file for AOS when you return.

People in you rsituation often just stay and all is forgiven and the green card is issued to you in the end. But accruing overstay days can be a slippery slope and result in lots of problems. An overstay of 180 days can result in a 3 year ban from re-entering the US. If you are stopped by any kind of law enforcement officer, you would have no papers to show legal status in the US and could be arrested and deportation procedings started. That would be a mess to get out of.

Best if you don't overstay and apply to come back with a K3. It will result in some time of separation, but we all have to endure that.