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RaleighStormer

Format For Affidavit

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Hello

Hope someone can offer advice. I would like to extend my B2 visa in USA for another 6 months. I'm married to an American but I had planned to visit & return to SA. While I was here on holiday my husband & I have decided that we would like to stay and I would therefore need to apply for a green card. I have been told that the process can take some time and I only have 1,5 months left before I have to leave the USA. I am currently busy filing an I 539, which is the form for extending my stay. In order to stay I need to provide them with an affidavit that gives the reason for extension of the visa. Would it influence their decision negatively if they know that I'm extending my visa in order to apply for a green card? I would also like to know if there is a specific format for the affidavit?

 

I would appreciate any help.

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Well, it is a mute point - if you have to submit an affidavit (i.e. a legally binding sworn statement) explaining WHY you are extending - then you will have no choice but to outline in that statement that you are asking for permission to extend because you are married to a US citizen who is filing an 1-130 - Immigrant petition for Alien Spouse, and that you will be filing an I-485 for Adjustment of Status. There is nothing wrong with this, although you can be denied an extension either way - but quite likely to be denied, as you are not giving substantial evidence of your intent to still depart the USA at the end of the extension, and your ongoing non-immigrant intent which are usually the basis on which an extension is granted.

Do not give a statement that tries to give other reasons - because when the I-485 is filed - trust me - they will put 2 and 2 together - and you could be denied your AOS altogether.

 

If you give the reason on the affidavit - then worst case scenario is that your B2 extension is denied and you have to leave the US for a few months at the end of your current leave to stay, and once the petition is approved, you can get a spouse visa from the US consulate abroad and return to the USA as an immigrant.

 

If you don't give the reason on the affidavit - then worst worst case scenario is that your AOS is denied on the basis that you have given a false sworn statement/affidavit when you did your B1 extension - and you can be denied your immigrant visa (green card).

 

If in doubt, consult an immigration attorney on this one.

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I'm no expert but my understanding from too much time reading other forums :D is exactly in line with malamute's post, ie:

1) extending (or applying for or entering on) a non-immigrant visa with immigrant intent is not allowed

2) they will have all the info available when adjustment of status is applied for and will deny the application based on false information. From what I understand the worst case is in fact worse than just this, as it seems they can place a ban on entry to the U.S. in future for providing false information on any visa/immigration related application.

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Probably not necessary for you to leave - read up on the USCIS site. As you are currently lawfully present in the USA, and the spouse of a US Citizen, you are eligible to have the I-130 and the AOS filed at the same time (but you may want to read up more on USCIS, and if need, consult an immigration lawyer, about your status in the interim). See http://www.uscis.gov/family/family-us-citizens/spouse/bringing-spouses-live-united-states-permanent-residents

 

Alternatively, you CAN leave the country. Your spouse has to file the I-130. Once USCIS has that - there is a processing backlog - and that depends on the particular center where it was filed (the center that has jurisdiction over the state where he lives). Reports currently have that at around 6 months - USCIS publishes the processing times on their website. Once that is granted you can apply for an immigrant visa at the consulate (that is a matter of days - provided you have all the paperwork you need - e.g. your unabridged birth certificate, marriage certificate etc). You also have to undergo the immigrant medical exam. Then you can enter the USA as an immigrant, and be granted a conditional Green Card.

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