is there any solution for me and my girlfriend.......

[gerard22]

hi all

my girlfriend came here on turist visa and its going to expire in 2 months.

she is going to extend it for another 6 months.
i heard that it takes long time (up to 6 mon) for immigration to approve that and while she waiting for answer she is still legally here.
am i right?

Now,during this 6 months is it possible for her to enroll to school and get student visa?
If yes,what happen if we get married after she gets student visa?
can i still apply for her?
and she can wait in US (5 years if im correct) while she gets interwiev date?

thank u in advance......

 

[Al Southner]

Quesition

hi all

my girlfriend came here on turist visa and its going to expire in 2 months.

she is going to extend it for another 6 months.
i heard that it takes long time (up to 6 mon) for immigration to approve that and while she waiting for answer she is still legally here.
am i right?

Now,during this 6 months is it possible for her to enroll to school and get student visa?
If yes,what happen if we get married after she gets student visa?
can i still apply for her?
and she can wait in US (5 years if im correct) while she gets interwiev date?

thank u in advance......

Gerrard22,

What is your own immigration status? Are you a greencard holder, if so, how long have you had your green card? Are u a US Citizen? We can proceed once you give me an idea of where you fall...

 

[gerard22]

im greencard holder.
but im not going to get US citizenship cuz i have already double citizenships from european country`s.

we just want to stay together now and not be separated for years....
any solution?

 

[NeShawn]

Since you are not US Citizen, you won't be able to file for her adjustment of status. There is nothing stopping you from marrying her if you really love her.

if she choses to extend visa, make sure she does it within 45 days of her ending date.

 

[GotPR?]

if she choses to extend visa, make sure she does it within 45 days of her ending date.

What is 45 days ?
If petition was filed in timely manner, pending petition will give beneficiary authorized stay and s/he is not considered accruing illegal presence even
though I94 expiration is past.

One starts accruing illegal presence if I-94 already got expired AND extension got denied.

 

[Al Southner]

im greencard holder.
but im not going to get US citizenship cuz i have already double citizenships from european country`s.

we just want to stay together now and not be separated for years....
any solution?

Gerrard,

Since you aren't going to apply for US citizenship, then you can't expect her to be in the US indefinately without any formal status. Remember, her renewal of visa will affect her ability to apply for visa in the future. Even though it's not a violation of issuing stipulations, US consulates have latitude to refuse her visa in the future. :

I am not sure why you can't apply for your naturalization, even though you have double citizenships from EU. You can renouce one, and apply for US, at least to ensure that you girlfriend is sponsored by you and doesn't have to wait for years for a greencard. As of now, it probably take about 6 yrs to get a visa # as a greencard holder. Who know... with amnesty, those years could double...

Once her visa is renewed, upon second expiring, then she will have to leave the US. Any attempt to "re-renew" will be met with strong opposition from USCIS. As such, you can do one of two things: Apply for your naturalization and hope it is done in less than 6 months, marry her and sponsor her immediately. If your citizenship is not done by the time her visa expires, then she leaves and you go through K visa. Unless you are willing to have her stay past her visa, while you hope your citizenship application is done... Other suggestion: prior to her expiry of her renewed visa, she leaves and hope to come back end of 2007, because applying for a visitor's visa within the 1st 6 months of her return to home country, USCIS will view her as using a visitor's visa to live in the US, which is agains their policies. So, you have to be contect with seeing her in her home country, until she wins a greencard lottery.... Only suggestion....

 

[NeShawn]

What is 45 days ?
If petition was filed in timely manner, pending petition will give beneficiary authorized stay and s/he is not considered accruing illegal presence even
though I94 expiration is past.

One starts accruing illegal presence if I-94 already got expired AND extension got denied.

I am under the impression that the B2 visa, if you want an extension, you will have to file 45 days prior to the last date on the I-94. Correct me if I am wrong.

 

[gerard22]

thank you guys,

so, when she extend her visitor visa she can not apply for student visa? am i right?
if she apply for student visa and get approved and stay here with me,can i apply for her after marriage?

i heard i still can apply even if im not citizen,and she can stay here (because she is on student visa) only thing is it get much longer than if im citizen!

am i right?

 

[GotPR?]

I am under the impression that the B2 visa, if you want an extension, you will have to file 45 days prior to the last date on the I-94. Correct me if I am wrong.

Though it is recommended to file extension early so that they may get decision before I-94 gets expired, but it is not absolute requirement.
Let's say one filed extension one day before I-94 expiration, and then it has passed I-94 expiration, It is still fine since s/he has pending extension petition, which authorizes his/her stay until decision is made.
Only problem is if extension got denied after I94 expiration, s/he starts accruing illegal presence so that s/he has to get out ASAP.