B2 Visitor Visa - Extension

[arangoon]

Hello,

My parents are on a visitor visa (6 months stay). I applied for their GC (I-130) with 485 to be filed here in US. We have the receipt of I-130..

My questions

1. Do I need to apply for I-539 if I want them to stay after 6 months (their initial stay stamp on I-94) or having the receipt of I130 makes them legal?

2. I see they recommend to apply I-539 45 day prior to expiring your stay. However, is it OK to apply within 30 days?


Thanks

[Barnett562]

USCIS has been slow to cash checks recently. If the case was not accepted, it would have been sent back to you by now. Give it a few more weeks and if you haven't heard anything still, contact USCIS.


Lite Blue

[arangoon]

Thank You. So wait a few weeks to see if I-130 is processed? If it did, do we still need to apply for visitor extension if they want to stay more than 6 months? Or just I-130 in motion is enough for them to stay?

Also, once the I-130 is accepted, are they able to travel outside the country or they have to stay here until 485 is filed?

Thanks

[rkk09]

Hi,
Please see my response below.
1. Do I need to apply for I-539 if I want them to stay after 6 months (their initial stay stamp on I-94) or having the receipt of I130 makes them legal?
Answer: If you filed I-130 and I-485 together then you are right to remain in the USA.. But, always suggesting to have back up plan. So, its better to have non-immigrant status
2. I see they recommend to apply I-539 45 day prior to expiring your stay. However, is it OK to apply within 30 days?
Answer: Yes.. Please make sure to apply before their current I-94 expires.
Thanks

[arangoon]

Thank You. We've only applied for I-130. Waiting for the response to apply for 485.. We will go ahead probably apply for their extension.. Once the extension receipt is received, they are legal until the decision is made, correct?


Thank you again.

[rkk09]

Hi,
Filed only I-130 and staying in the USA is not right way any more. As I mentioned, you will need to have other Non immigrant status during these time.
Once the extension receipt is received, they are legal until the decision is made, correct?
Answer: Yes.. But, it is only up to 240 days.
Thanks

[arangoon]

Thank You. I am waiting to hear to file 485 for them. Haven't heard back yet..

I started filing their extension (539 form). One of the questions on the form is, if any of the applicant has been part of the immigrant petition and answer for my parents is yes. Have you seen this negatively impact (potentially denied extension) the extension request?

Am I able to apply both the parents (spouse as an additional applicant) using one 539 form?

Thank You again.

[rkk09]

Hi,
It may or may not be. But, Most of the people are in the same category. The will extend their non-immigrant status and getting approved during their immigrant petition is pending. So, nothing to worry. Keep moving.
Am I able to apply both the parents (spouse as an additional applicant) using one 539 form?
Answer: If you have more than one applicant then you can use Form I- 539 A for co-applicant.
Thanks

[arangoon]

One last question on this topic...

In section 3, question 3.a. - Is this application based on a separate petition or application to provide your spouse,child, ore parent an extension or change of status?

Should we answer this to Yes since we applied their I-130 (waiting to file 485) and provide the USCIS receipt number? Or answer NO?

Thank you for your help.

[rkk09]

Hi,
Please see my response below.
Is this application based on a separate petition or application to provide your spouse,child, ore parent an extension or change of status?
Answer: You will need to select the first one and no need to provide any receipt number under 3b as you don't have any I-539 pending petition.
Thanks

[arangoon]

Thank You Sir!.. Really appreciate it.