Approved I-130

[ssgrip 0]

Our I-130 was approved. My husband is here in the US on a B2 visa. Is it recommendable to apply for a B2 extension (form I-539) based on the fact that we are awaiting greencard processing?

Thanks!

[radsr2002 0]

Our I-130 was approved. My husband is here in the US on a B2 visa. Is it recommendable to apply for a B2 extension (form I-539) based on the fact that we are awaiting greencard processing?

Thanks!

Many individuals who come to United States on visitor visa would like to extend their visa. They can apply for extension of stay in US. The extension may granted or not granted depending upon the reason for extension, and whether the USCIS is convinced that the applicant does intend to return to his/her home country after the temporary stay in US.

Please note that you should not apply for extension of stay within 3 months of coming USA otherwise USCIS may conclude that even before entering USA, you were planning to extend the visa which might be in contrast to what you might have said at the consulate or at the port of entry.

The duration for which the person can stay depends upon the expiration date of I-94, and NOT on the expiration date of visa stamp. The date on visa stamp is irrelevant. As long as you apply for extension before expiration date of I-94, you would be in legal status(up to 120 days) and you will not have stayed in US unlawfully.

It should be applied between about 4 to 6 weeks before I-94 expires.

If you are the principal wage earner for your family, visiting United States alone and have left your family(spouse, children) behind in your home country, you really need to show good reasons and proof why you need to stay in US much longer and how your family will be taken care of properly in your home country. Very long separation from your immediate family is not considered too good in eyes of USCIS. You should also show that your job or business in your home country would not be in jeopardy for staying away for so long time. You are employed, you can show a letter from your employer that they are aware of you staying in US for long time.

You can not go to neighboring countries(Canada, Mexico) either by air or road, and come back to get new I-94 and therefore avoid lengthy process of applying for extension. New I-94 will NOT be given. You can't even go to neighboring islands such as Bahamas etc and come back to get new I-94. You will have to actually travel outside of North America and come back.

Extension will be given usually for the duration you ask for and give justification for the same. However, maximum you duration for extension you can ask for is 6 months. Also, you can not apply for visitor visa extension as many times as you want. Maximum you can stay on B1/B2 visa is 1 year.

As long you stay in US legally and do not violate any terms of the visa you are on, you will not get into any trouble while applying for greencard, just because you applied for visa extension.

If you are late filing for an extension and your authorized stay has already expired, you must prove that:

The delay was due to extraordinary circumstances beyond your control;

The length of the stay was reasonable;

You have not done anything else to violate your nonimmigrant status(visitors can not work in US.)

You are still non immigrant. It means that you or someone on your behalf have not filed immigrant visa petition.

You are not in formal proceedings to remove(deport) you from the United States.

I-539

http://www.uscis.gov/files/form/i-539.pdf

I-539 instructions

http://www.uscis.gov/portal/site/uscis/tem...CRD#maincontent