B2 extension for wife with pending I-130

B

blkhawk

Registered Users (C)
Hi folks,

My wife arrived in the USA on a B2 visa (she had had it prior to our marriage) after we got married in our home country. Her I-94 is valid for 6 months. I am planning to file an extension of stay for her. I am wondering if the extension of stay will have any chance getting approved since I have already applied for my wife's I-130 (petition for an Alien relative) based on my status as a permenant resident. Thanks in advance.
 
You can file an extension, the least that can happen is that they denied your petition. The extension will be with a maximum of 6 months if its granted.
Just remember if she just entered you must wait a period of time before filing the extension.
 
Thanks for your reply. My wife has been in the USA for 3 months now, do you think it's enough to file? and what happens if my wife's I-94 expires while awaiting USCIS decision on the application for extension of stay? would that be a problem? Thanks !
 
Is she planning to stay a longer time? or just to stay for awhile?

Check this link, for the entire procedure and the fees, visit:www.uscis.gov

http://uscis.gov/graphics/howdoi/extendstay.htm

http://www.immihelp.com/visas/extend.html

For your last question, that is the problem of always. As long as she receives a receipt notice and her application of extension is pending she is consider that she is okay, but if the approval doesn't come before the expiration of her I-94, that is the part that I don't know. There is a number for customer service at the uscis website.
Good luck,
 
Last edited by a moderator:
3 months ?

I wouldn't apply at 3 months. You should apply 45 days or less prior to I-94 expiry.

Apply online.
 
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