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Guillermo J. Senmartin, Esq.
Guillermo J. Senmartin, Esq., Immigration Lawyer
Category: Immigration Law
Satisfied Customers: 108706
Experience:  10+ years of experience in various aspects of U.S. Immigration Law.
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I am a usa citizen. My wife is a... I am a usa citizen. My

Customer Question

I am a usa citizen. My wife is a... I am a usa citizen. My wife is a filipina citizen and she is here on a B1/B2 Visa and her I-9 says she must leave on 28 June 2015 she has been in the USA for 6 months. The actual multiple entry visa expires on Mar 2024
but she can only stay 6 months at a time. So she is stamped on the passport to leave on June 28. So her visit time is up not the visa expiring. Next we have a pending immigration processing I just filed my financial affadavit and it should be approved and
she should be scheduled for interview in the next 60 days. Do we need to get an extension for her to stay or can she just wait until she is approved and her status is adjusted? We have been living here in the USA almost 6 months now. She has visited also before
to the USA with me several times we just don't want to leave the country we want to stay here and will the USCIS get difficult with us because she stayed beyond the 6 months? Do we need to get a I-539 done and get another 6 months on her B1/B2 Visa. The wife
is worried about it and I need some one in the USCIS to tell us we will be ok other wise I have to spend 300 USD on another 6 months extension which does not make a lot of sense. Regards Christopher
Submitted: 2 years ago.
Category: Immigration Law
Expert:  Guillermo J. Senmartin, Esq. replied 2 years ago.
Hello! My name is***** and I am a licensed attorney with more than 13 years of experience. I am here to assist you with your questions. Please understand that if I ask you for additional information, you are NOT charged again and our communications are NOT timed. So please see this as a relaxed conversation between friends. I am here to help.
You filed an I-130 and I-485 and other forms for her or just an I-130?
Customer: replied 2 years ago.
I-130
Customer: replied 2 years ago.
Forget the answers I am going else where to many questions and no answers I am cancelling the membership as well
Expert:  Guillermo J. Senmartin, Esq. replied 2 years ago.
Sorry about the delay. I am a practicing attorney and I had a call come in from a customer when you responded. I don't understand why you say "too many questions". I only asked one question. I have one more. Why didn't you file the I-485 for her? After this, I can safely answer your questions and I believe I will have some good news for you as well. Again, sorry for the delay.
Expert:  Guillermo J. Senmartin, Esq. replied 2 years ago.
Christopher, I do not know why you are not responding, but you are not charged per question, per response, nor per answer. So after I give you my answer, you can continue to ask me questions without additional charge until you are satisfied. I apologize if it is a site issue that you posted and the post did not go through.
You have two choices:
1) She can file an I-539 extension of status request before her current stay expires. She would still be considered legal in the U.S. as long as the I-539 is pending even after her current stay expires. This is considered to be a stay authorized by the Attorney General while the I-539 is pending. So she would still be covered after June 28, as long as you file the I-539 now.
2) The better option is to just file the following forms for her so she can stay and get Residency: I-130 (Petition for family member), I-485 (application for Lawful Permanent Residency), I-765 (Application for work permit), I-131 (Application for Advance Parole), G-325a (Biographic data - one for each of you), I-693 (Medical exam that a certified doctor must fill out), and I-864 (Affidavit of support). You will need to file each form with supporting evidence and appropriate filing fees. You can find these forms at www.uscis.gov/forms.
The supporting evidence that you would file would be birth certificates, marriage certificate, divorce certificates if either of you have been married previously, proof of your U.S. Citizenship, proof of your spouse's legal entry into the U.S., and financial documents to prove your income over the last year at least.
In about 3 to 5 months after filing, she should get a work permit and Advance Parole. About 5 to 7 months after filing you should get a marriage interview (though now it is taking longer, so maybe closer to 7 to 9 months). If all goes well, a few weeks later she should get a Residency status (green card).
So I am clear about this, once those forms for option 2 are filed, she is also in a stay authorized by the Attorney General. You do not even have to file an extension of stay (I-539). And in fact, the difference between option 1 and 2 is that with option 1 she MUST file the I-539 before June 28th. With option 2, it doesn't matter when it is filed as long as it is filed. I have represented persons that were in the U.S. as overstays for more than 15 years and as soon as those forms in option 2 were filed, they became "legal" again.
So really option 2 is the way to go.
In a few minutes, I will send you an offer of additional service. Check your email for that and follow the directions before leaving a positive rating. Since these are my favorite cases to do, I have a good deal of experience with them and enjoy them. I am more than happy to discuss the case in private over the phone or email for a small additional fee and we can go from there. If you want to decline it, no problem, you can ask additional questions without any additional charge. But if you do decline it, please remember to leave a positive rating for me. Use those smiley faces. Since I am not given a salary, it is the only way that I am compensated by the website. So at least please use the smiley faces and a bonus is always appreciated if you feel I earned it. Also, your question does NOT close just because it says, “To finish…” I can still answer additional questions for you without additional charge.
Expert:  Guillermo J. Senmartin, Esq. replied 2 years ago.
Hello. I'm just following up with you to see how everything is going. Did my answer help? Please let me know. Thank you!