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Step by step Instructions for filling I-539

Many people have questions or doubts how exactly to fill I-539, form to extend or change non-immigrant status in US. This form is required for any non-immigrant visa such as Visitors Visa or Business Visa who would like to extend their stay in US. This page describes in detail how exactly to fill I-539 for extending visitor visa(B2). Of course, you will have to fill in your specific details and depending upon your circumstances, you may have to answer the questions differently than shown in this generic sample application.

Look at this Sample I539 to get an idea how a typical application may look like.

Step by step instructions for each field in I-539:

Instructions Page 5, bottom of the page: Write your name and US address where you would like USCIS to mail you the correspondence. (USCIS will mail you the receipt once they receive your application and they will mail you approval or denial letter to that address once they make decision on your case.)

Part 1: Your name and address. It is self explanatory. For 'In Care of' field, you can write the name of the person with whom you are staying.

Social Security Number: Unless you are changing from a visa status that allowed you to work, you don't have social security number. Don't write anything in there in that case. Visitors are not given social security number.

A#: A# number stands for eight-digit alien number. You will have A# number only if you filed certain immigration petitions such as I-485, EAD etc. Visitors don't have A# number and you can write 'None' in this field.

I-94#: This number is on I-94 white card that would have been stapled to your passport, at the port of entry. If this date is already in past, you are already out of status and you can not apply for this extension. If your I-94 card is green, it is I-94W and you entered US under visa waiver program, and you can't extend your stay in US and therefore can't file this form.

Current Nonimmigrant Status: 'B2' if you are on visitor visa. 'B1' if you are on business visa.

Part 2: Application Type

1. As you are applying for extension of B1/B2 visa, check 'a'.
2. If you are applying only for yourself, check 'a', else check 'b'. If you checked 'b', write the total number of applicants in this form, including yourself. You have to complete I-539 Supplement 1 for each co-applicant. You can include your spouse and minor children in one application form.

Part 3: Processing Information

1. Mention the date until when you would like to extend your stay in USA. Provide copies of air tickets that matches this date. Maximum duration can be up to 6 months from the date on your current I-94 card. 2. No. 3. No. 4. N/A.

Part 4: Additional Information

1a. Country from your passport was issued. e.g., 'India'.

1b. Date when your passport is valid upto. If your passport is about to expire within next 6 months, you should first get it renewed before filing this extension application.
Foreign Consulates in USA.
If you wait for passport renewal, it will delay your application and you may loose your eligibility to apply for extension, you can just write the current passport expiration date, and then add the words "renewal pending". Of course, you can write those words only if you have already applied for the passport renewal and it is pending.

2. Self explanatory. Your foreign address.

3. Answer the following questions. If you answer "Yes" to any question, explain on separate sheet of paper.
These questions are asked to determine whether you are inadmissible.

a. Are you, or any other person included on the application, an applicant for an immigrant visa?
If you or any family member in this form has applied for 'immigrant visa', it is quite obvious that you have no intention of going back to your home country and you want to stay in US forever. Therefore, your application for extension will be denied. There is nothing you can do about it.

b.Has an immigrant petition ever been filed for you or for any other person included in this application?
If someone has filed immigrant petition for you or your family member in this application, you have to answer Yes. Even though it may take many years before you actually get immigrant visa, USCIS still may deny your application.

c.Has a Form I-485, Application to Register Permanent Residence or Adjust Status, ever been filed by you or by any other person included in this application?
This is pretty much same as question 3a. I-485 is filed in US while consular processing is done overseas.

d.Have you, or any other person included in this application, ever been arrested or convicted of any criminal offense since last entering the U.S.?
If you were just arrested but were not charged, say 'Yes' but attach a detailed explanation of the situation. If you were arrested, and whether found guilty or not, consult an immigration and criminal lawyer first before filing this application. If you were never arrested, of course say 'No.

e. Have you, or any other person included in this application, done anything that violated the terms of the nonimmigrant status you now hold?
Violating the terms means doing something you were not supposed to do. If you are visitor, you are not supposed to work, and if you worked, you have violated the terms. If you have not done anything like that, say 'No'.

f. Are you, or any other person included in this application, now in removal proceedings?
If you are in "removal proceedings", don't file this application without talking to immigration lawyer first. If this is not applicable to you, say 'No'.

g. Have you, or any other person included in this application, been employed in the U.S. since last admitted or granted an extension or change of status?
You should not have been employed in US as a visitor, therefore answer would be 'No'. If you have been working in US as a visitor or business visa holder, you are already in trouble.

Part 5: Signature

Sign here, write your name and write the date. If you are illiterate and can not sign, put the finger print of index finger of right hand and get this application filled by someone else such as your son.

Part 6: Signature of person preparing form, if other than above.

If someone else helped you prepared this application, that person should write his/her name and address. Else leave it blank.

Step by step instructions for each field in I-539 Supplement 1:

This form needs to be filled for spouse and minor children applying along with primary applicant. Only one form needs to be filled for spouse and all minor children.

Date of Arrival: Late of last arrival into United States.
Current nonimmigrant status: B2 for visitor or B1 for business visa holder.
Expires on: Date when current status expires. i.e., date in I-94 card.
Expiration date: Expiration date of the passport.