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Immigration Issues/extend B2 tourist stay through trip to Canada while awaiting immigration visa


My wife's stay of 6 months is about to run out. We live near the Canadian
border, and are wondering if we can get at least another month permitted
stay if we drive across the border and back. Her US tourist visa (B2) has a
validity of ten years. Since we live near the border, this might be cheaper
quicker, and easier than  mailing in a visa extension application. (It seems in-
person application for extension is no longer possible in the US).

Add'l info: I am a US citizen,as is our son, and my wife of ten years is a
citizen of Taiwan. 12 months ago, I was in the US, but my wife was in
Taiwan. I applied for an immigration visa for a spouse. For similar couples we
had known, the process took no more than six months. After six months,
though, I needed my wife's help to take care of my son, because of my work
hours, so she came on a tourist visa, planning to return to Taiwan for the
interview. Every part of the application process has gone smoothly--just
slowly. We just got an e-mail that the Affidavit of Support was approved, but
still nothing in the mail.

We were also wondering if there is any way to complete the application
process here in the US (i.e. medical check, interview). Every time I've asked
the question to USCIS people, I get a vague answer about "updating
addresses." My wife asked once and got a very rude, "What are you doing
here in this country!" (Which shouldn't be a problem, as she is not working.)
Returning to Taiwan for an interview is completely feasible, but staying in the
US would be much easier for our family.

Many thanks for any info. you might have.

Based on your circumstances, you should forget about extensing the B2 and file for adjustment of status here. Your wife does not need to be interviewed there. She can do everything here. After filing she can get a work permit and then her green card interview.



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Robert Hollander<B> Esq.</B>



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