B-1 issue for wife

BritishGuy

Registered Users (C)
I have a dilema. My wife (Pakistani Citizen) and I (UK Citizen, US Green Card) got married in January 2009. In April 2009 she came to 'Stay' with me on her already current 5 yr US visa, while in the process of applying for the Medical Residency programs. Her exit date was in the first week or so of September 2009 (she was stamped in for 6 months). I still have residence in the UK too, so I got her a UK visa and she went to the UK and stayed with my family for about 10 weeks.

Just before she left the US to go to the UK we found out that she is Pregnant. I made sure she was on my health insurance and we went to have the first few scans etc. She is also a Diabetic so the care she receives here is mandatory and necessary.

After spending 10 weeks in the UK she decided to come back to the US (yesterday 26th October 2009). The immigrations officers grilled her on coming back so soon and what she was doing in the US in the prior trip. Bear in mind that she is showing now. Anyway, long story short, she has been stamped into the US for 2 weeks. We were hoping they'd give her 6 months so that she could have the baby here and then leave very shortly after - keeping within the legality of her stay.

Now, here's the problem. She's in week 20 and it's getting hard for her to travel, to the point that she can't. We really want to have the baby here then she'll leave for the UK.

My situation. I've had my Green Card a long time. Applied (N-400) for my citizenship in October 2008 and only today had my fingerprints. I'm a Pilot and parents have PK heritage - hence the delay in the name check. Now, I know that my citizenship is imminent. I mean I may have it in my hand by Christmas.

The baby is dues in March. My wife has only 12 days left on her I-94. We're considering apply for an extension. We've got a Dr's appointment on Thursday where we're going to try and get him to write a letter to state that he wouldn't recommend her to travel. We're going to submit that with the I-539 extension papers.

Do you think we have a chance in hell of getting the extension?

I mean, she would have come back around this time (regardless if we were married or not) to apply for her Medical Residency programs anyway.

I'm really confused and very stuck as to what to do. Should we apply for her to stay longer based on her Medical Residency program applications (as she can't do that in 2 weeks) or should I apply based upon her health condition (diabetic and pregnant)...? What to do? Or should she just overstay until baby is born then leave?

I'm not a gambling man, but I'm thinking of taking my chances as I think my citizenship should be done by year end and then hopefully when I apply for her Green Card it shouldn't make much of a difference (right?)

With all the particulars taken into consideration what would one say would be my best course of action? Please all and any replies are much appreciated.
 
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That is not the case. I would personally never call a very likely event as imminent, but that is just me.

Now, I know that my citizenship is imminent.



Highly unlikely on an I-94 that was only 2 weeks long in validity, but one never knows.
Do you think we have a chance in hell of getting the extension?



So she was okay to travel until yesterday and cannot leave in the next 12 days? If that is the case, it seems you have painted yourself in a corner. I guess her only option is to overstay (assuming she really cannot travel) and AOS when you take your oath.

I'm not a gambling man, but I'm thinking of taking my chances as I think my citizenship should be done by year end and then hopefully when I apply for her Green Card it shouldn't make much of a difference (right?)
 
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Thank You for replying to my question. Much appreciated. I/We have decided after a lot of thinking and talking, that it would probably be best that she just leave the country before her I-94 expires. If (and Triple Citizen, you are absolutely right, 'a bird in the hand is worth two in the bush'), BIG IF I get my citizenship, then yes, it'll make the whole affair a lot easier without having to worry about declaring the overstaying or deportation.

I've read many very legitimate cases on the net where people have been denied an extension. Her case (I feel) wouldn't stand a chance.

Oh well, I'll just hope of getting my Citizenship quick (it's been a year and 12 days so far and I just had my fingerprints 2 days ago). It's one of the very few positive things in this aspect that I can focus upon - though I know the reality of it.

Thanks Again.
 
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