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agmehta

Pls advise urgently do i send the I-539 form along with I-485 - F2A category?

By agmehta in Adjustment of Status from Work, Student, & Tourist Visas

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agmehta Explorer

agmehta   1

Posted
Filed: Other Country: India
 Timeline
Posted

Hi All,

Do I also send the I539 application requesting the USCIS to extend my wife's visitor visa for another 4-5months along with her request to AOS I485 application based on Oct bulletin.?

Initially on her I130(F2A PD Dec 30 2014) which got approved recently in Sep28 2015, I had requested consular processing for her case as she was in India last year Dec 2014 when I was doing the I130 for her.

However based on the Oct & nov bulletin as she is here in the US on visitor visa and is allowed to remain till 22nd Nov 2015, I am planning to request uscis if they can let her do AOS instead of her going all the way back to home country to complete the GC process.

Please advise if anyone has ever been in a situation like this where a Non US citizen petitioner requested AOS based on situation like me and were approved (ie were on Tourist visa and requested AOS for F2A category).

I don't want to jeopardise my wife's GC application becase she is on a visitor visa here and I am not sure if I am eligible to send this paperwork.

Thank You

Anand

--------------------------------------------------------------

  1. Category F2A- India
  2. PD 12/30/2014 F2A 130
  3. Service Center: VSC
  4. 01/5/2015 : I-130 NOA1 -5th Jan 2015
  5. 8/27/2015: I-130 File transferred to CSC-27th Aug 2015
  6. 09/28/2015: I-130 NOA2 case approved-28th Sep 2015
  7. 10/23/2015: Requested USCIS to allow applicant to adjust Status in the US-Oct 23 2015 instead of Consular processing. Currently applicant on tourist visa B2- 10/23/2015
  8. 10/29/2015: USCIS Acceptance Confirmation Email for I485 765 131 Forms received-10/29/2015
  9. 11/3/2015: Received hard copies of NOA1 for i485 765 131
  10. 11/6/2015 Got Biometrics Appointment letter
  11. 11/17/2015 -Completed Biometrics
  12. 12/22/2015- Initial RFE for Birth Certificate- uscis asking to submit non availability BC.
  13. 01/03/2016- EAD/AP Card Approved.
  14. 01/05/2016- Received EAD/AP Card in Post
  15. 1/12/2016- Submitting Birth certificate
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Hypnos Grand Master

Hypnos   6,576

Posted
Filed: Citizen (apr) Country: United Kingdom
 Timeline
Posted

No, you do not also submit an I-539.

Once USCIS accept her I-485 then she enters a new period of authorised stay that will persist until the I-485 is adjudicated.

Widow/er AoS Guide | Have AoS questions? Read (some) answers here

 

AoS

Day 0 (4/23/12) Petitions mailed (I-360, I-485, I-765)
2 (4/25/12) Petitions delivered to Chicago Lockbox
11 (5/3/12) Received 3 paper NOAs
13 (5/5/12) Received biometrics appointment for 5/23
15 (5/7/12) Did an unpleasant walk-in biometrics in Fort Worth, TX
45 (6/7/12) Received email & text notification of an interview on 7/10
67 (6/29/12) EAD production ordered
77 (7/9/12) Received EAD
78 (7/10/12) Interview
100 (8/1/12) I-485 transferred to Vermont Service Centre
143 (9/13/12) Contacted DHS Ombudsman
268 (1/16/13) I-360, I-485 consolidated and transferred to Dallas
299 (2/16/13) Received second interview letter for 3/8
319 (3/8/13) Approved at interview
345 (4/3/13) I-360, I-485 formally approved; green card production ordered
353 (4/11/13) Received green card

 

Naturalisation

Day 0 (1/3/18) N-400 filed online

Day 6 (1/9/18) Walk-in biometrics in Fort Worth, TX

Day 341 (12/10/18) Interview was scheduled for 1/14/19

Day 376 (1/14/19) Interview

Day 385 (1/23/19) Denied

Day 400 (2/7/19) Denial revoked; N-400 approved; oath ceremony set for 2/14/19

Day 407 (2/14/19) Oath ceremony in Dallas, TX

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agmehta Explorer

agmehta   1

Posted
Filed: Other Country: India
 Timeline
  • Author
Posted

But what if they deny I485 because my wife is on visitor visa here?

We have our first anniversary and I want her to stay in the US and not go back..hence I was thinking to send I539 form

Thank You

Anand

--------------------------------------------------------------

  1. Category F2A- India
  2. PD 12/30/2014 F2A 130
  3. Service Center: VSC
  4. 01/5/2015 : I-130 NOA1 -5th Jan 2015
  5. 8/27/2015: I-130 File transferred to CSC-27th Aug 2015
  6. 09/28/2015: I-130 NOA2 case approved-28th Sep 2015
  7. 10/23/2015: Requested USCIS to allow applicant to adjust Status in the US-Oct 23 2015 instead of Consular processing. Currently applicant on tourist visa B2- 10/23/2015
  8. 10/29/2015: USCIS Acceptance Confirmation Email for I485 765 131 Forms received-10/29/2015
  9. 11/3/2015: Received hard copies of NOA1 for i485 765 131
  10. 11/6/2015 Got Biometrics Appointment letter
  11. 11/17/2015 -Completed Biometrics
  12. 12/22/2015- Initial RFE for Birth Certificate- uscis asking to submit non availability BC.
  13. 01/03/2016- EAD/AP Card Approved.
  14. 01/05/2016- Received EAD/AP Card in Post
  15. 1/12/2016- Submitting Birth certificate
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newacct Experienced

newacct   688

Posted
Filed: Timeline
Posted

Hi All,

Do I also send the I539 application requesting the USCIS to extend my wife's visitor visa for another 4-5months along with her request to AOS I485 application based on Oct bulletin.?

Initially on her I130(F2A PD Dec 30 2014) which got approved recently in Sep28 2015, I had requested consular processing for her case as she was in India last year Dec 2014 when I was doing the I130 for her.

However based on the Oct & nov bulletin as she is here in the US on visitor visa and is allowed to remain till 22nd Nov 2015, I am planning to request uscis if they can let her do AOS instead of her going all the way back to home country to complete the GC process.

Please advise if anyone has ever been in a situation like this where a Non US citizen petitioner requested AOS based on situation like me and were approved (ie were on Tourist visa and requested AOS for F2A category).

I don't want to jeopardise my wife's GC application becase she is on a visitor visa here and I am not sure if I am eligible to send this paperwork.

She should definitely NOT apply for extension of stay. Applying for extension of stay for visitor status requires you to attach a statement explaining why your stay is temporary and what plans you have made to leave. Obviously if she makes such a statement it will be a lie because she is doing Adjustment of Status.

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agmehta Explorer

agmehta   1

Posted
Filed: Other Country: India
 Timeline
  • Author
Posted

She should definitely NOT apply for extension of stay. Applying for extension of stay for visitor status requires you to attach a statement explaining why your stay is temporary and what plans you have made to leave. Obviously if she makes such a statement it will be a lie because she is doing Adjustment of Status.

To newacct:

But the question is whether we can apply an AOS? Whether they convert such applications requesting AOS from Consular to AOS for tourists of Non US citizens

Thank You

Anand

--------------------------------------------------------------

  1. Category F2A- India
  2. PD 12/30/2014 F2A 130
  3. Service Center: VSC
  4. 01/5/2015 : I-130 NOA1 -5th Jan 2015
  5. 8/27/2015: I-130 File transferred to CSC-27th Aug 2015
  6. 09/28/2015: I-130 NOA2 case approved-28th Sep 2015
  7. 10/23/2015: Requested USCIS to allow applicant to adjust Status in the US-Oct 23 2015 instead of Consular processing. Currently applicant on tourist visa B2- 10/23/2015
  8. 10/29/2015: USCIS Acceptance Confirmation Email for I485 765 131 Forms received-10/29/2015
  9. 11/3/2015: Received hard copies of NOA1 for i485 765 131
  10. 11/6/2015 Got Biometrics Appointment letter
  11. 11/17/2015 -Completed Biometrics
  12. 12/22/2015- Initial RFE for Birth Certificate- uscis asking to submit non availability BC.
  13. 01/03/2016- EAD/AP Card Approved.
  14. 01/05/2016- Received EAD/AP Card in Post
  15. 1/12/2016- Submitting Birth certificate
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Hypnos Grand Master

Hypnos   6,576

Posted
Filed: Citizen (apr) Country: United Kingdom
 Timeline
Posted (edited)

You can.

Edited by Hypnos

Widow/er AoS Guide | Have AoS questions? Read (some) answers here

 

AoS

Day 0 (4/23/12) Petitions mailed (I-360, I-485, I-765)
2 (4/25/12) Petitions delivered to Chicago Lockbox
11 (5/3/12) Received 3 paper NOAs
13 (5/5/12) Received biometrics appointment for 5/23
15 (5/7/12) Did an unpleasant walk-in biometrics in Fort Worth, TX
45 (6/7/12) Received email & text notification of an interview on 7/10
67 (6/29/12) EAD production ordered
77 (7/9/12) Received EAD
78 (7/10/12) Interview
100 (8/1/12) I-485 transferred to Vermont Service Centre
143 (9/13/12) Contacted DHS Ombudsman
268 (1/16/13) I-360, I-485 consolidated and transferred to Dallas
299 (2/16/13) Received second interview letter for 3/8
319 (3/8/13) Approved at interview
345 (4/3/13) I-360, I-485 formally approved; green card production ordered
353 (4/11/13) Received green card

 

Naturalisation

Day 0 (1/3/18) N-400 filed online

Day 6 (1/9/18) Walk-in biometrics in Fort Worth, TX

Day 341 (12/10/18) Interview was scheduled for 1/14/19

Day 376 (1/14/19) Interview

Day 385 (1/23/19) Denied

Day 400 (2/7/19) Denial revoked; N-400 approved; oath ceremony set for 2/14/19

Day 407 (2/14/19) Oath ceremony in Dallas, TX

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