Do I need to file an immigration extension even though I'm already married? 6 Answers as of November 30, 2011
I came to US with a tourist visa. Then I met my schoolmate and started dating and eventually got married. She is not yet US citizen because she has only stayed in the US for 4 years and 10 months. She filed her citizenship application a week before we got married. Her application was already accepted and she is waiting for the appointment schedules for her citizenship. I'm already staying here for 4 months and I've read the conditions on how to file an extension on the USCIS page and I understand that I need to file the extension request 45 days before the expiration of the I-94. Do I still need to file an extension even though my wife is already waiting for the papers for her citizenship? Thank you for your answer.Free Case Evaluation by a Local Lawyer!
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Law Offices of Svetlana Boukhny | Svetlana Boukhny
You can file for an extension to maintain your lawful status in the US. It can still take a few more months before your wife is interviewed for her naturalization and a few months after that (possibly) before she is sworn in and able to petition for you. During that time, if you are out of status, you will be subject to removal from the US. If you want to avoid the chance of that happening, I would suggest that you file for an extension. An extension can be filed at any time BEFORE the I-94 expiration.
Answer Applies to: California
Replied: 11/30/2011
World Esquire Law Firm | Aime Katambwe
To be on the safe side, YES! What happens if your status expires before your wife becomes a USC and you are somehow brought before ICE? It will be another 3 to 6 months before your wife is a USC. So, spend the money and file right away. Everything should turn out just fine for you. Good luck!
Answer Applies to: California
Replied: 11/29/2011
Richard S. Kolomejec, Attorney at Law | Richard S. Kolomejec
I don't think that you need to do the extension. Your wife should become a US citizen within next month or two and then can apply for your green card. If your status expires, there is no penalty for filing late. So I would save your money for the green card process. And waiting for your wife to become a US citizen is not a good enough reason to file for an extension of your tourist visa anyways.
Answer Applies to: California
Replied: 11/28/2011
LAW OFFICES OF ALAN R. DIAMATNE APLC | Alan R. Diamante
You should file the extension in order to avoid unlawful presence. However, if you intention is to stay in the U.S., you are in conflict with the purpose of the tourist visa: temporary stay. However, if you are in the U.S. as someone that had overstayed the period provided on the I-94, you can still be petitioned by your wife but risk being removable. Given the Department of Homeland Security's priorities, it is doubtful that you will be targeted for arrest. The moment that your wife obtains her citizenship, she should file all the necessary documents for the adjustment of status process.
Answer Applies to: California
Replied: 11/28/2011
Christian Schmidt, Attorney at Law | Christian Schmidt
Although you would be able to file for adjusting your status to one of a lawful permanent resident once your wife becomes a U.S. Citizen even if your status expired, it is always a good idea to maintain lawful status. You will become deportable once your status lapsed and would have to defend yourself in court if the U.S. government starts removal proceedings against you before you adjust your status.
Answer Applies to: California
Replied: 11/28/2011
Law Office of Christine Troy | Christine Troy
You should have a full consult with a competent immigration attorney to fully analyze your case. The clean answer is that yes, you should remain in status so you would want to file an extension. However if you do that and already have the intent to adjust status, then this is a violation of immigrant intent in that you filed an extension of non immigrant status knowing you want to immigrate. If that is the case, you are supposed to consular process for your green card. It is possible to go out of status but if your spouse does not get her naturalization or ICE decides to pick you up before that, there can be complications so be careful!
Answer Applies to: California
Replied: 11/28/2011
