B1/B2 visa - married to permanent resident - ways to stay?

D

Dzipi

New Member
Hello,

My wife is a permanent resident, we've been married for 1.5 years (started relationship 4yrs ago), I am in US under a B2 visa, which was issued 1year ago in my home country. When applying for B1/B2 visa I supplied US consulate with all the information about my wife (including a copy of her green card) so that they were aware of her permanent resident status (and that we are married) when talking to me and they issued a B1/B2 valid for 5 yrs anyway. I also had a job interview at that time, so I entered US under B1 for 7 days (didn't get a job).

When entering the country with visa for the second time I was not asked any questions (entered under B2 status).

My I-94 is valid until end of November and my wife will be eligible for US citizenship in 1.5yrs. Is there any way for me to stay in US without leaving the country and trying to re-enter (if so when should I try to re-enter - I've been in US for 5 months now)? For last 2.5 years we've been visiting each other (I was entering US under visa waivers before - never overstayed, never lied to immigration - they denied the entry on vaiwer once, and this is why I applied for a B1/B2), but are getting tired and since I am currently not working back home we are trying to find a way to stay together.

Thanks for any answer or suggestions.
 
> never overstayed, never lied to immigration -

good ! Too many people here don't heed that principle.

Ever thought about getting a student visa (F1) ? If you and your wife can proove the necessary funds for board and tuition, you can get an F1. Tuition at smaller state universities or community colleges can be quite affordable, it doesn't have to be Harvard. This might help you to bridge the 2 years or so until she is a citizen and can file for your GC.
 
Thanks for your answer Hadron,

That is a good idea, I belive that some community colleges are accepting students before every quater, This could work for us if we have to do it (probably is financially possible).

In that case I should probably leave the US and try to get a F1 at US consulate in my home country anyway? I think I read somewhere that it is not a good idea to try to change from B2 to F1 while in US.
If that is the case I am probably taking a risk of getting F1 rejected (same as for B1/B2 because my wife is permanent resident in US)?
Does having F1 visa impact a situation when after 2yrs my wife gets a citizenship and tries to sponzor my green card? Is that allowed and can I stay in US than (change from F1 to GC?).

Is there any other way not to leave US in my situation?
 
> If that is the case I am probably taking a risk of getting F1 rejected
> (same as for B1/B2 because my wife is permanent resident in US)?

Well, they have given you the B2 although your wife is in the states, but you are right, there is a good chance that they could look at your immigration intent and deny the F1 on that grounds.
You wouldn't have that problem with an H1b visa bc it allows immigration intent. With the cap issue, it might be hard to get that right now.

> Does having F1 visa impact a situation when after 2yrs my wife
> gets a citizenship and tries to sponzor my green card? Is that
> allowed and can I stay in US than (change from F1 to GC?).

Not as long as you stick to the rules. There are thousands of people who changed from F1 to GC. The only thing they don't like is folks coming here on a F1, get married one week later and file the I130 one week and 1 day later.

(Has your wife filed an I130 for you ? I remember there beeing a 'V' visa for people who are waiting for their spouse filed I130 for more than 3 years or so.)
 
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> Aren't holders of permanent resident visas allowed to petition their spouses

They are. But with the current backlogs in visa numbers it takes between 4 and 6 years for a GC holders spouse to receive a visa number. If someone is already a PR for more than a year or two, it is usually faster to wait for citizenship in order to sponsor.

You can however sponsor as a GC holder. Once you become a citizen you can notify CIS of that fact which gets the I130 moved from preference 2b to 1 (from 6 years to 0 years of waiting.)
 
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