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I130 vs VWP. Can I extend my 90days?

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  • I130 vs VWP. Can I extend my 90days?

    Hi All,

    I am British and got married to an American December 2011. Our wedding took place in Africa since we both have family ties there. I am presently in the US under the visa waiver program and I am aware that I can only stay 90days at a time.

    My husband is about to file the I130 petition on my behalf but we are confused as family and friends have told us all sorts. My question is:

    My husband wants me to stay on in the US with him. He believes that the 90 day rule will no longer apply to me once he files the petition. Is this the case? I don't want to be an over stayer.

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