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Immigration Issues/Adjustment of status fthrough U.S. citizen spouse

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Question
hi Ajay
My case is an immigration case. I came to the us with my b1/b2 visa(10yrs multiple entry) and got married in New York with an us citizen. I went back to india after marriage and came back to US after a month.
Now I have filed papers for Immigration and Adjustment of Status ( I-130, I-485, I-131, I-765, I-693 & I-864). I could not hire an attorney so I did all the paper work Myself. I have recently received notice of action for all the documents. when I last entered US I was granted 3-months stay and my I-94 is going to expire in 15 days.

So my question is that:
1. "Can I stay in United States even if my I-94 is expired as my AOS is under processing." if not Can I extend my I-94 for another 3 months as maximum stay allowed on B1 is 6 months.

Thank you so much for you time ...

Answer
Hi,

Since the immigrant petition (I-130) along with adjustment of status application (I-485) as well as other paperwork has been filed concurrently with the USCIS, you are legally able to remain in the U.S. even after I-94 expiration. Indeed, you will be unable to extend B1/B2 visa status after the marriage sponsorship paperwork has been filed with the USCIS since the visitor visa category does not allow for intention to immigrate to the U.S., but as stated earlier in our email there is no problem for failure to extend I-94.

Regards,
Ajay K. Arora, Esq.
www.h1b1.com  

Immigration Issues

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Ajay K. Arora

Expertise

I can answer your questions on employment and family-based U.S. Immigration Law. Expertise in various immigration categories includes the following: H-1B, L-1, O-1, PERM (labor certification), EB-1 to EB-3 I-140 employment-based immigrant petitions, family or fiance(e) or spousal sponsorship, visa extension or change of status, adjustment of status, naturalization (citizenship), etc.

Experience

Ajay K. Arora attended Pennsylvania State University and the University of Wales at Swansea (United Kingdom), and earned his law degree at Temple University School of Law, Philadelphia, in 1993. Mr. Arora has practiced Immigration Law since graduation and is a member of the American Immigration Lawyers Association since 1995.

Organizations
American Immigration Lawyers Association (AILA) full member since 1995.

Education/Credentials
Ajay K. Arora attended Pennsylvania State University and the University of Wales at Swansea (United Kingdom), and earned his law degree at Temple University School of Law, Philadelphia, in 1993. Mr. Arora has practiced Immigration Law since graduation and is a member of the American Immigration Lawyers Association since 1995.

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