I-539 Extend Nonimmigrant Status reasons

[Crazy Cat 41,979]

2 hours ago, JonLisa said:

or file unnecessary paperwork.

Read the guides here very carefully.  There is a lot of paperwork to file....

[SusieQQQ 11,586]

To summarize: 

- as per post above carefully make sure you know what paperwork to file 

- no point in filing B2 extension as he will be in authorized stay “adjustment pending” once you file I130 and I485 (in fact filing b2 extension will just be a waste of money, it is not necessary and won’t be approved under the circumstances) 

- he can stay (in fact has to stay) but not work until he received his EAD and not travel until he has AP (make sure you file i765 and I131) - could take 4-6 months if not longer - so make sure you and he are comfortable with this. 
 

 

 

Edited December 21, 2020 by SusieQQQ

[SalishSea 17,921]

4 hours ago, SusieQQQ said:

could take 4-6 months if not longer

Current processing times are closer to 8 months.

[Bzegurl 41]

File Form I130 and Form I485 To adjust status. He will be able to stay with you when you do that. Don't worry about extension. He won't get it. Also once you file he will not able to work for months. A little hope is that sometimes the EAD does come earlier than the actual green card. 

One advice Read read read.... so much documents and papers one mistake and it can be costly. Good Luck

[MaleAlpha 314]

EAD used to take 3 months after filing the i485 paperwork. I have no idea what the timelines are now.

Looks like if you have the money to support him at least until he gets his EAD, adjustment of status is the best route to go since he's already here.

[SusieQQQ 11,586]

1 hour ago, Bzegurl said:

A little hope is that sometimes the EAD does come earlier than the actual green card. 

? There would be no point applying for one if it didn’t seeing as a green card allows you to work.

[Orangesapples 1,954]

OP, read the guides here:

 

 

[JonLisa 1]

11 hours ago, Duke & Marie said:

Then file to adjust.. it’s permitted if he’s already here in 

 

[JonLisa 1]

Yes he's here. But I'm confused.  Are you saying that as soon as we file to adjust he can stay while its pending? Even if it passes feb 1 when his visitor visa says he should return?

[Duke & Marie 1,389]

12 minutes ago, JonLisa said:

Yes he's here. But I'm confused.  Are you saying that as soon as we file to adjust he can stay while its pending? Even if it passes feb 1 when his visitor visa says he should return?

Yup. Once you file I-485 with the i130 he gets what’s called authorised stay... so he can stay until the decision about his green card issuance is made... it’s better to file before his visitor visa expires but not mandatory as an over stay is forgiven if he’s married to a USC but I’d recommend trying to file before it expires (always better to be legally present in the country)...once the filing reciept is received by you he’s legally present and can’t be removed from the country.......  when you file, be sure to file for work and travel authority at the same time so it’s free... 

Edited December 22, 2020 by Duke & Marie

[JonLisa 1]

Thank you so much for this invaluable  information! We've been so stressed and worried! We had no idea we could file both forms and he could stay while they're processed. A huge weight has been lifted. Most of our I 130 and I 485 are complete and can be filed online here in the USA. 

 

[HRQX 4,145]

18 minutes ago, JonLisa said:

Most of our I 130 and I 485 are complete and can be filed online here in the USA.

I-130 (with I-130A supplement uploaded) is the only form that has online filing option.

 

But most applicants just file everything by paper together at the Chicago Lockbox.

 

I-130 and I-864 are filled-out by the US citizen, and the rest of the forms by the immigrant. In general, send the following four packets (*note that I-765 and I-131 packets are optional, but highly recommended) in the same envelope to the Chicago Lockbox:

• I-130 with I-130A and copy of marriage certificate, filing fees, etc.;
• I-485 with I-864 and supporting documents, I-944 and supporting documents, electronic I-94 copy, filing fees, etc.;
• I-765 with electronic I-94 copy, etc.; and
• I-131 with electronic I-94 copy, etc.

You'll separate each packet with rubber bands or fasteners: https://www.uscis.gov/forms/forms-information/form-filing-tips

On the I-130 packet, I-130 payment method (check, money order, or Form G-1450) must be the very first item of this packet.

On the I-485 packet, I-485 payment method (check, money order, or Form G-1450) must be the very first item of this packet.

[SalishSea 17,921]

40 minutes ago, JonLisa said:

Thank you so much for this invaluable  information! We've been so stressed and worried! We had no idea we could file both forms and he could stay while they're processed. A huge weight has been lifted. Most of our I 130 and I 485 are complete and can be filed online here in the USA. 

 

Just keep in mind that he won't be able to work, or return to the US if he has to leave, for 7-8 months.

Edited December 22, 2020 by Jorgedig

[Dashinka 24,591]

7 hours ago, JonLisa said:

Yes he's here. But I'm confused.  Are you saying that as soon as we file to adjust he can stay while its pending? Even if it passes feb 1 when his visitor visa says he should return?

Yes, in fact after you file the I485, he has to stay inside the US at least until he gets his Advanced Parole (I131) and he cannot work until he gets his Employment Authorization Card (I765), and if he were to leave the US after filing the I485 without the AP card then the process would be considered abandoned.

 

As others have suggested, read the guides available here, and ask questions, there are a lot of people on VJ that are willing to help.  The forms are not too difficult to do (I130, I130A, I485, I864, I131 [optional, but recommended], I765 [optional, but recommended], I944).

 

Good Luck!

Edited December 22, 2020 by Dashinka