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Extension Of Stay (b1/b2 Visa) While I-130 Pending???

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  • Extension Of Stay (b1/b2 Visa) While I-130 Pending???

    I Entered The United States As A Temporary Visitor (b1/b2 Visa) And I'm Still Within Authorized Period Of Stay.
    My Mother Is A U.s. Citizen And Has Filed The I-130 Form (petition For Relative; Unmarried And Over 21 In My Case) After I Entered The United States, And Is Still Pending.
    Since I Would Like To Continue To Stay In The Country Beyond The Expiration Date On My I-94, I Have Some Questions,

    1) Is It A Good Idea To Request An Extension Of Stay? If Denied, Because Of The Pending I-130, Could It Have Negative Consequences On My Current Visitor Visa?

    2) How About "forgetting" To Include This Information On The Application To Extend My Stay? Do They Really Check That?

    3) Are There Any Better Ways To Get To Stay In The Country And Not Having To Leave, Like Other Special Nonimmigrant Status, Or Something Like That?

    4) Anyone In Same Or Similar Condition? Any Ideas? Suggestions? Comments?

    Thanks A Lot !!!!!

  • #2
    Since an I-130 has been filed for you, USCIS now knows that you have
    immigrant intent and extension to your visitor status will not be granted.
    Do not be so naive as to assume that they will not check and lying to USCIS on the extension form will land you into deeper trouble.

    A denied extension will mean you could only stay till your date on your I-94.
    And you will have problems entering in future on your valid B1/B2 because
    of I-130 filing.

    Looking at the visa bulletin, if you are not from mexico or the phillipines,
    your immigrant visa number, sponsored by your mother (F1) should take another 4-5 years to arrive. So, if you want to wait around in US for that period of time, you should look FAST for a work visa sponsor for H-1b and file
    for a change of status BEFORE your I-94 expires. H-1b
    does not have problems with immigrant intent so it would be approved
    even if you have an I-130 pending.

    .
    Last edited by pons1; 07-29-2005, 12:07 AM.

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