Immigration Issues/I 485 STATUS TO H1B

Advertisement


Question
I CAME HERE ON K1 AFTER MARRAIGE TO US CITIZEN,MARRAIGE DIDNOT WORK OUT ,DID NOT GO TO 1ST I485 INTERVIEW NOW I HAVE DATE FOR 2ND INTERVIEW END OF MAY. WIFE IS THREATENING ME THAT SHE WONT GO WITH ME OR COZ PROBLEMS DURING INTERVEIW ,WE R SEPARATED. IF I DONT GO AND THEY DENY MY APPLICATION HOW MUCH TIME DO I HAVE TO STAY IN USA.ALSO CAN I GET EXTENSION TO STAY HERE TILL I FILE MY DIVORCE AND IT GETS FINALISED. CAN I APPLY FOR H1B VISA AS I AM CURRENTLY EMPLOYED.

Answer
You can not get an extension per se to file the divorce. You can try asking for another rescheduling. You must leave within 179 days after I-485 is denied so that you do not become subject to the 3 or 10 year bar for illegal presence. You can try to apply for an H-1 and show them that you have maintained status the whole time.

Regards,

Robert

Immigration Issues

All Answers


Answers by Expert:


Ask Experts

Volunteer


Robert Hollander<B> Esq.</B>

Expertise

General

©2016 About.com. All rights reserved.