MILLION-DOLLAR QUESTION: B1 Extension + AOS marriage based

M

minoo

Registered Users (C)
Hello everyone,

Here's my situation. I'm French and in the US under a B1 visa, which expires August 1st. I have applied for an extension as my job (i work for a french corp.) requires me to attend additional trade shows august through december in the US.

So I've been here 6 months working on opening a division of this french company and have good hope of getting this extension through the form i-539 I've sent a month ago.

About 5 months ago, I've met this USC and we started dating. Things got progressively more serious, we took an appartment together, and we decided to get married in late October.

So my problem is the following:

>>> WHAT WILL HAPPEN IF I'M DENIED B1 EXTENSION?

... if I receive a denial response from USCIS, say, in August, I guess I will then immediately become Out of Status, right? Or is there a delay before they ask me to actually leave?

But most importantly, I've been told that as long as you marry a USC within 6 months after the expiration date of your visa, then the USCIS is cool with it and they 'pardon' you for the time stayed with no status and validate the i-130/485 regardless of that overstay. Is that true?

And if yes, will these 6 months run from the date I receive B1-extension denial letter from USCIS, or from the date my original visa expired?
 
All overstay is forgiven when AOSing via a US citizen spouse. The 6 months figure determines if you are safe to travel on an AP document or not.

minoo said:
But most importantly, I've been told that as long as you marry a USC within 6 months after the expiration date of your visa, then the USCIS is cool with it and they 'pardon' you for the time stayed with no status and validate the i-130/485 regardless of that overstay. Is that true?
Click to expand...
 
thanks Triple Citizen!!!
so in other words, you're saying that even though I have filed an Extension of Stay for a Non-Immigrant Visa (B1), USCIS won't care that I will at the same time file for AOS? I've read somewhere that filing both non-immigrant and immigrant visas sometimes conflict and raise red flags from IOs, is that true?
 
What you have mentioned below is true, but it does not apply to you at the moment. You are already in the country and will be applying for AOS based on your marriage to a US citizen.

minoo said:
I've read somewhere that filing both non-immigrant and immigrant visas sometimes conflict and raise red flags from IOs, is that true?
Click to expand...
 
You must log in or register to reply here.
Top