Legal Question in Immigration Law in Virginia

Overstaying visa

I'm in the U.S on a B1 visa and my I-194 card expires in May,2004. My husband is a green card holder who has filed for citizenship in January,2004. He's about to file the I-130 form for me. However we are very concerned that I may overstay while petition is pending and my visa will expire in October,2004. We were adviced by an attorney that it doesn't matter if I overstay as long as my husband files the I-130 form and his naturalisation process could fall through this year. We were looking through the V-1 visa but I don't think that applies to me since my husband is just about to file the I-130. We need to do something fast as time is running out. We are afraid that I may be deported or May applications denied as a result of overstaying.


Asked on 3/04/04, 7:17 am

2 Answers from Attorneys
Rebecca White Law Office of Rebecca White

Re: Overstaying visa

First, congratulations on your marriage! And second, yes, there are reasons for concern but the attorney you first consulted was correct that everything should fall into place for you, with careful planning. If you would like to discuss your situation in detail, please contact me by either email or telephone.

My best wishes.

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Answered on 3/04/04, 1:47 pm
Michael Hendrickson Law Office Michael E. Hendrickson

Re: Overstaying visa

Or, just double check with the Bureau of Citizenship and Immigration Services office which serves your local area.

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Answered on 3/04/04, 7:31 pm


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