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Re: confused with stays and extensions Posted on: Fri, 14 Sep 2007 01:08:03 +0000 (UTC)

On Sep 13, 11:45 pm, skaugh...@gmail.com wrote:
> On Sep 13, 4:54 pm, Noorah101
> wrote:
>
>
>
>
>
> > > First of all, if you came on a B-1 visa intending to remain in the
> > > USA, that was indeed very wrong.
>
> > > I have to look up what an I-539 is.
>
> > > My input is that your lawyer is mistaken. Canadians, just like
> > > everyone else in the world, need to go through the adjustment of
> > > status process and receive a green card in order to remain legally in
> > > the USA. You can't just move here and think that's the end of it.
>
> > > Rene
>
> > OK, I see I-539 is an application for extending your stay. Are you
> > trying to extend your B-1 visa for another 6 months? What are your
> > compelling reasons for the extension?
>
> > Why not just file AOS and get your green card, since you intend to
> > remain in the USA?
>
> > If the lawyer thinks there's no time limit for remaining in the USA (for
> > Canadians married to USC's), they why are you even filing the extension?
> > According to the lawyer, you have no time limit and just remain here
> > indefinitely...right?
>
> > Rene
>
> > --
> > Posted viahttp://britishexpats.com
>
> well this all gets very complicated very quickly, as a PR my wife
> submitted an I-130, she has since then been naturalized, we notified
> the USCIS, but they keep toying with us telling us first there is no
> record of this change, then telling us something has been mailed, to
> again telling us there is no record, then today someone told us that
> there have been 2 notifications sent, but none have been recieved by
> us. so off to contact USPS, which some one is supposed to call
> tomorrow.
>
> the I-539 was sent in as an adjustment of my b-1 describing my ordeal
> at the US border for over 2 hrs.
>
> i was just basically just wondering if traveling to Canada over
> christmas was a good idea, but after this i feel it isn't a good idea
> until i get some new regarding some GC or PR status

Your posts are very confusing and only tell part of the story, so it's
hard to give any precise advice. It sounds like you are now illegally
present in the USA; it would be unwise to leave the USA until after
you have adjusted status to become a Permanent Resident. As the spouse
of a USA citizen, you can expect your overstay and illegal presence to
be forgiven when you adjust. This may be what your lawyer meant when
he said there were "no time restrictions", but that's a very strange
way to express it so he may have been talking about something else
entirely. USCIS may be unhappy if they think you entered as a visitor
with the intent of staying, and if they discover that you entered as a
B-1 with no intention of meeting the requirements of a B-1. However,
until you become a PR you are illegally present in the USA; if you get
picked up you are liable to detention and deportation, and if you
remain illegally present for more than 6 months after your admission
period, you are automatically banned from re-entering the USA for 3
years (or 10 years if you stay more than a year beyond your admission
period).

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