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Jen Marie, Esq.
Jen Marie, Esq., Immigration Attorney
Category: Immigration Law
Satisfied Customers: 4865
Experience:  She has worked on all types of U.S. Immigration cases since 2007.
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I entered on a b1/b2 visa, but a b2 was stamped on my visa

Customer Question

Hi, I entered on a b1/b2 visa, but a b2 was stamped on my visa at the port of entry. Now i want to extend my visa because my 6months will soon expire in few days and then get married to my boyfriend ( a Us citizen) in few months later. Is it possible he files for a green card for me immediately after our wedding considering my 6 months extension?
Submitted: 1 year ago.
Category: Immigration Law
Expert:  Jen Marie, Esq. replied 1 year ago.

Hello, my name is ***** ***** I will be the immigration attorney helping you today.

Yes, you can apply to extend your visa using form I-539. Even if your extension request is denied, if you remain here and marry your boyfriend down the line, he can petition for you for your green card once you two are married. This is true even if you end up out of status.

Yes, it is possible for him to file for your green card immediately even after your 6 month extension as long as it was not your intention to remain here and have him petition for you when you submit the application for extension. If you decide suddenly AFTER you submit the extension request for him to petition you, then legally it is fine for him to petition you.

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