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Originally Posted by teddybear1873
I came over from the uk with the visa waiver program on the 19th nov 2005, i married my wife on january 6th and we filed the alien relative petition 1-130 form. My 90 days end on feb19th, what chances do i have of them letting me stay here or i will i have to leave after 90 days...i'm biting my finger nails with worry
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My dear teddybear,
I am afraid you have to leave USA because you entered the country on VISA WAIVER PROGRAM.
It means you have NOT gotten ANY VISA TO COME TO USA.
And if you do NOT have anything...it can not be changed in other status.
I just read on
www.departmentofstate.gov that the CIS(Citizens and Immigration Servisces ) are going to process the petition which your wife filed....I-130 Form ONLY WHEN THEY HAVE A VISA NUMBER....there is a limited sum of visas issued by the Government for family members and if there are not sufficient numbers,you have to wait may be 6 months or longer until new numbers are released.
3.I could not find this on the webpage of the CIS but as a lawyer I know that usually from the date of filing the ptition to sponsor alien realtive you must have the right to remain in USA until they deny the ptition.
Please,contact the Homeland Security Bureau of CIS in the city where you live and ask them tpo provide you with a document which states that you are an alien realtive waiting for your's wife petition to be processed.
In my opinion they should issue you such certificate as long as you wait for the Green Card.
4.CIS may say that you have to leave USA and apply in UK for a B-2(visitor visa) to joyin your wife and then B-1 can be changed to other type of visa.