U-Visa approved, Wife H4 Status

[rbkusa]

Hi All,

Just needed some help/inputs for my current situation.

I have filed my U-Visa on 2014 and recently got approved. Before I was on H1B and wife is on H4.

As we do not know when we can receive the U-Visa approval, now I suddenly received U-Visa Approval and not sure if my wife's status H4 is still valid which is actually valid till Dec 2018.

Now I want to include my wife as derivative applicant in my U-Visa which is U-2 visa looking for attorney who can help me on this but before do I need to file I-539 NPT specifying my situation? Or we have any other options.

[katiAkati]

Hi All,

Just needed some help/inputs for my current situation.

I have filed my U-Visa on 2014 and recently got approved. Before I was on H1B and wife is on H4.

As we do not know when we can receive the U-Visa approval, now I suddenly received U-Visa Approval and not sure if my wife's status H4 is still valid which is actually valid till Dec 2018.

Now I want to include my wife as derivative applicant in my U-Visa which is U-2 visa looking for attorney who can help me on this but before do I need to file I-539 NPT specifying my situation? Or we have any other options.

If you want to extend your stay in the United States, you must file a request with U.S. Citizenship and Immigration Services (USCIS) on the Form I-539, Application to Extend/Change Nonimmigrant Status before your authorized stay expires. If you remain in the United States longer than authorized, you may be barred from returning and/or you may be removed (deported) from the United States. Check the date in the lower right-hand corner of your Form I-94, Arrival-Departure Record, to determine the date your authorized stay expires. We recommend that you apply to extend your stay at least 45 days before your authorized stay expires. Its about you. So, go ahead file if you wanna stay. And then apply for citizenship and even if things won't work with your wife, after you become citizen - you can bring her in United States.
USCIS is unpredictable world
You may apply to extend your stay if:
You were lawfully admitted into the United States with a nonimmigrant visa
Your nonimmigrant visa status remains valid
You have not committed any crimes that make you ineligible for a visa
You have not violated the conditions of your admission
Your passport is valid and will remain valid for the duration of your stay

About your wife....well, I am not sure