B2 Visa Extension

[JodiDeverra 0]

Hi,

I'm currently here in the US under B2 visa. I've been here since November 2024. My mom is a green card holder and she's planning to file for I-130 while I'm still here. is it also possible to apply for I-539 visa extension if I will have a pending petition?

She was thinking that she might be able to apply for my AOS when a visa number arrive considering that I won't be out of status by then. 

any advise?

 

Thank you all. 

[Lil bear 4,390]

21 minutes ago, JodiDeverra said:

Hi,

I'm currently here in the US under B2 visa. I've been here since November 2024. My mom is a green card holder and she's planning to file for I-130 while I'm still here. is it also possible to apply for I-539 visa extension if I will have a pending petition?

She was thinking that she might be able to apply for my AOS when a visa number arrive considering that I won't be out of status by then. 

any advise?

 

Thank you all. 

How old are you ? What is your home country ? 
 

 

[appleblossom 3,605]

25 minutes ago, JodiDeverra said:

Hi,

I'm currently here in the US under B2 visa. I've been here since November 2024. My mom is a green card holder and she's planning to file for I-130 while I'm still here. is it also possible to apply for I-539 visa extension if I will have a pending petition?

She was thinking that she might be able to apply for my AOS when a visa number arrive considering that I won't be out of status by then. 

any advise?

 

Thank you all. 

Highly unlikely an extension would be granted, what would the reason be? And how would you be able to honestly say your stay will only be temporary when you would try to apply for AOS? That would be risking a misrep charge and ban. 
 

It would be far easier and safer to just file the I-130 asap and then return home for consular processing. 
 

How old are you? 
 

Edited Sunday at 10:50 PM by appleblossom

[Crazy Cat 42,963]

43 minutes ago, JodiDeverra said:

Hi,

I'm currently here in the US under B2 visa. I've been here since November 2024. My mom is a green card holder and she's planning to file for I-130 while I'm still here. is it also possible to apply for I-539 visa extension if I will have a pending petition?

She was thinking that she might be able to apply for my AOS when a visa number arrive considering that I won't be out of status by then. 

any advise?

 

Thank you all. 

 

1.  Filing an I-539 is very risky.  You could easily end up with a voided B2 and an ban.

2.  It might be unlikely you could remain in the US legally until a visa number is available.  That is why @Lil bear and @appleblossom are asking about your age.

Edited Sunday at 11:08 PM by Crazy Cat

[JeanneAdil 6,778]

your mom can apply as a green card holder but you must be in your home country while the petition is processing for F2b

Yes, a green card holder can sponsor their unmarried son or daughter who is 21 or older for a green card (adjustment of status or AOS) through the F2B visa category, but the son or daughter must be outside the US on a B2 visa and not have entered the US with the intention of seeking AOS

 

And you will need to leave (if granted 6 months on B2 ) by May and the extension would not be processed by then/ it takes time and some stayed here waiting for the extension and found themselves in an overstay when extension was not approved

[Boiler 46,546]

What would be the reason for requesting an extension?

[Cathi 5,813]

This plan isn't going to work, go home and wait for your visa number to become available.
 

[SalishSea 18,367]

Not worth the risk.  It will be years before a visa number is available to you.  If you overstay, it will not be forgiven, and you cannot adjust status if you're out of status.