Would I need to leave the country to get residency? 11 Answers as of January 09, 2011

I am a B1 Visa Holder (single entry) with Valid I94 which is due to expire by the end of March, 2011. My girlfriend and I are planning to get married sometime February, 2011. Now the questions are: 1. We intend on applying for my stay permit after the wedding, which is going to be like a month to my I94 due date. Would I have to leave the country after I apply, before my I94 expire or it does not matter as far as I have submitted my application before my I04 due date? 2. If my I94 expires before we are being called for our first and second interview, would it affect future my resident permit process?

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Pacifica Legal Services
Pacifica Legal Services | Floyd Fernandez
While normally adjusting status from a B-1 or B-2 visa can be taken as obtaining a temporary visa from a false pretense, which is illegal (and can make you permanently ineligible from obtaining a later visa), the law concerning adjustment based upon a marriage visa contains an exception. It is allowed for a person who initially enters legally and then marries to adjust status, if they show sufficient proof that they initially entered with every intention of returning to their country, and then decided to marry afterward. The I-485 AOS must be filed and granted before the applicant (you) leaves the USA. If you want to discuss how I may be of service in that regard, please feel free to call or e-mail to set up an appointment for a consultation, either by phone or in person. Best to you.
Answer Applies to: California
Replied: 1/9/2011
Carlos E. Sandoval, P.A.
Carlos E. Sandoval, P.A. | Carlos Sandoval
As long as you entered the United States lawfully, and you are married to a United States citizen, you may adjust your status to a resident without leaving the Unites States, no matter if your I-94 has expired.
Answer Applies to: Florida
Replied: 1/8/2011
Feldman Feldman & Associates, PC
Feldman Feldman & Associates, PC | Lynne Feldman
So long as you apply before your current I-94 card expires you wont have to leave the US and it wont affect your future residency. Give me a call if you have any other questions.
Answer Applies to: California
Replied: 12/27/2010
The Vega Law Firm
The Vega Law Firm | Linda Vega
Is your girlfriend a U.S. Citizen? If so, then you may be able to adjust in the U.S. without having to leave. Please see an immigration attorney for further guidance.
Answer Applies to: Texas
Replied: 12/27/2010
William C. Gosnell, Attorney at Law
William C. Gosnell, Attorney at Law | William C. Gosnell
If your wife is a us citizen the you should get married soon and have her file a I-130

then you may stay in the country, but this must be filed before your end of March.
Answer Applies to: Tennessee
Replied: 12/27/2010
    Fletcher, Tilton & Whipple, PC
    Fletcher, Tilton & Whipple, PC | Kirk A. Carter
    The real issue here was what was your intent when you last entered the country. If you had plans to marry at that time and stay and file.
    Answer Applies to: Massachusetts
    Replied: 12/24/2010
    Pauly P.A.
    Pauly P.A. | Clemens W. Pauly
    As long as your girlfriend is a US citizen, you do not have to leave the US and can submit your I-130/I-485 package after your marriage. Your I-94 does not have to be valid at the time of your interview. If you have additional questions as to the details of the application, you should contact an immigration lawyer.
    Answer Applies to: Florida
    Replied: 12/24/2010
    Law Office of Baoqin Wang
    Law Office of Baoqin Wang | Baoqin Wang
    If you have a valid extension or adjustment application filed before your I-94 expiration date, you are authorized to stay in the US during the application pending period.
    Answer Applies to: Oregon
    Replied: 12/24/2010
    Law Office of Immigration & International Trade Law
    Law Office of Immigration & International Trade Law | Linda Liang
    It depends on whether your girl friend is citizen or green card holder. If she is citizen, you don't need to leave. Good luck!
    Answer Applies to: Florida
    Replied: 12/23/2010
    Nicastro Piscopo, APLC
    Nicastro Piscopo, APLC | Louis M. Piscopo
    If your girlfriend is a US Citizen, you would not have to leave when your I-94 expires if you are applying for a Green Card. In the case of a spouse of a U.S. Citizen, overstaying your I-94 does not bar you from getting your Green Card.
    Answer Applies to: California
    Replied: 12/23/2010
    441 Legal Group, Inc.
    441 Legal Group, Inc. | Gareth H. Bullock
    If your girlfriend is a US citizen then the answer to both your questions is NO.
    Answer Applies to: Florida
    Replied: 12/23/2010
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