Overstay B2?

R

Rose_uw

Registered Users (C)
Hi folks,

Here is my situation; came to US on B2 end of October. I'm planning to get married and apply for change of status in mid-January. My B2 visa expires end of Jan. Here is my question: if I apply for change of status 1-2 weeks before my visa expires would I get in trouble? Because I'm assuming it would take more than 2 weeks to process my case and my visa would get expired before I hear back about the result!!!

Thanks in advance for every information and help.
 
Rose_uw said:
if I apply for change of status 1-2 weeks before my visa expires would I get in trouble? Because I'm assuming it would take more than 2 weeks to process my case and my visa would get expired before I hear back about the result!!!
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Your pending AOS petition should keep you in valid status.
 
TheRealCanadian said:
Your pending AOS petition should keep you in valid status.
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Is it true irrespective of the status to which he/she is changing?
eg:
B1 to H4
B1 to F2
B1 to L2

I thought the pending AOS based on I485 is the only one that keeps you in status till a decision is made.
 
The person you are marrying, did you know him/her when you applied for your B-2 visa? Were you engaged to this person at the time you got your visa or entered the US?

Rose_uw said:
Hi folks,

Here is my situation; came to US on B2 end of October. I'm planning to get married and apply for change of status in mid-January. My B2 visa expires end of Jan. Here is my question: if I apply for change of status 1-2 weeks before my visa expires would I get in trouble? Because I'm assuming it would take more than 2 weeks to process my case and my visa would get expired before I hear back about the result!!!

Thanks in advance for every information and help.
Click to expand...
 
Thanks for the replies.
Triple Citizen to asnwer your question, I didn't apply for B-2 since I have a european pass and can travel to US without any visa. And No I wasn't engaded to the person I'm marrying when I entered US but I did know him since I was in US for work for about a year. Do you think that's going to be an issue? I mean if I get to the interview point, should we NOT say that we knew each other before?

Thanks again for your comments.
 
As far as I remember, if you came to US on visa-vawer program (one which allows to come to US for up to 90 days as a tourist wisout applying for B visa), then you CANNOT change your status to any other status while in US and CANNOT get extention - you have to leave before your 90 days are finished, even if you marry a US citizen.
Check it, if I am right you could be in big trouble if you overstay.
 
OP has come over on a B2 visa, not VWP therefore the same rules do not apply. As regards overstaying and marrying on VWP....this is not allowed if you have intent to marry prior to POE......HOWEVER, if you enter the states with no intent to marry and then decide to marry on the spur of the moment, then yes you can adjust status....application for AOS will keep you in status once VWP expires. Whilst its not advisable as rejection of AOS gives you no ground for appeal, many people have done this and been successful. Its all about intent.
Op can apply for AOS as this application will keep him/her in status once B2 expires.
 
Thank you for your tips and replies. I did come to US on visa waiver program and I didn't intent to marry but I have met a guy and we are marrying in 2 weeks. According to my VWP I can stay in US till Jan 28. So I should be alright to apply for adjust of status a week before my VWP expires or I need to do it earlier?
Beside does anybody know how long it takes to get an interview and get the final answer regarding the change of status?

Thanks again and happy new year to all.
 
Isn't some important imformation missing ? i.e. Who are you going to marry ?
if it's US citizen and applying for AOS, yes you can.
If not the US citizen, VWP can not be changed to any other status.
 
Technically, you can apply AOS regardless of expiration of VWP under such a circumstance.
 
Just make sure that you have proof that you did intend on going back to your home country when your VWP expired (job to go back to, rent/lease agreement, unused return ticket, car payments etc). This is because you will need to prove to your interviewing immigration officer that you had no intent on marrying during this visit....this is a very difficult thing to do, but if you have evidence such as those I just mentioned, it can kind of prove that you were going to return to your country. However, if you quit your job/university, ended your housing lease etc, this could be interpreted as severing ties to your home country and show no intent to return and therefore backfire as no intent to return.
 
Thank you elcupacabras for the tips. Unfortunately I don't have any of your mentioned proof except my return ticket. So I just hope that I would be able to convince the immigration officer!!! I know it's going to be hard but I'll try!
 
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