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Judith Ludwic
Judith Ludwic, Immigration Lawyer
Category: Immigration Law
Satisfied Customers: 28927
Experience:  34 years as practicing immigration attorney, with non-immigrant and immigrant visa experience.
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Can a foreign spouse married to USC extend b2 visa? If yes,

Customer Question

Can a foreign spouse married to USC extend b2 visa? If yes, can she apply even within 30 days of her permitted stay? There is no plan to file for petition and AOS yet. But would want to stay and explore some more places.
Submitted: 1 year ago.
Category: Immigration Law
Expert:  Shannon Llenza replied 1 year ago.

No. The intent of the B-2 visa is to visit and return to your home country. In order to apply for an extension you have to show intention to return home, such as a plane ticket. I assume you are planning to stay in the U.S. with your spouse, so you should adjust your status to that of a green card holder.

Expert:  Shannon Llenza replied 1 year ago.

If you need further information please let me know. I can also schedule a call with you as well.

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Expert:  Judith Ludwic replied 1 year ago.

Hello my name is ***** ***** I am delighted to answer your questions today. I have 35 years experience as an immigration lawyer.

I agree with the answer of the prior expert Ms. Llenza. If you are here on a visitor visa you are here to visit. PERIOD. You MUST have an intent to return. If truly your spouse is going to depart within 30-60 days even while the application is pending and they do then there is no fraud or misrepresentation. But there is no changing your mind. So if without a doubt the spouse will depart then you may file for the extension and depart while it is pending because it takes 4-6 months for a decision.

Of course, I am sure you understand your positive rating is very important to me as we are not on salary and that is how we receive compensation, you choosing a smiley face or 3+ stars

In the future, you may begin your questions with “FOR JUDITH” and I will be your personal immigration expert.