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nnq

I-539 Processing on a B2

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Hi,

 

I was starting to fill out an I-539, but I noticed that the most recent form available on the USCIS website expired on 4/30/2018.  Do I just use this one?  Also, the person this is being filled out for was not given an I-94.  Is this normal?  What should I do?

 

Thank you!

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I-94 is electronic now: https://i94.cbp.dhs.gov/I94/

 

Stickied thread:

 


Timelines:

Spoiler

AOS (I-485 + I-131 + I-765):

9/25/17: sent forms to Chicago

9/27/17: received by USCIS

10/4/17: NOA1 electronic notification received

10/10/17: NOA1 hard copy received. Social Security card being issued in married name (3rd attempt!)

10/14/17: Biometrics appointment notice received

10/25/17: Biometrics

1/2/18: EAD + AP approved (no website update)

1/5/18: EAD + AP mailed

1/8/18: EAD + AP approval notice hardcopies received

1/10/18: EAD + AP received

9/5/18: Interview scheduled notice

10/17/18: Interview

10/24/18: Green card produced notice

10/25/18: Formal approval

10/31/18: Green card received

 

K-1:

Spoiler

I-129F

12/1/17: sent

12/14/17: NOA1 hard copy received

3/10/17: RFE (IMB verification)

3/22/17: RFE response received

3/24/17: Approved!

3/30/17: NOA2 hard copy received

 

NVC

4/6/2017: Received

4/12/2017: Sent to Riyadh embassy

4/16/2017: Case received at Riyadh embassy

4/21/2017: Request case transfer to Manila, approved 4/24/2017

 

K-1

5/1/2017: Case received by Manila (1 week embassy transfer??? Lucky~)

7/13/2017: Interview: APPROVED!!!

7/19/2017: Visa in hand

8/15/2017: POE

 

 

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43 minutes ago, nnq said:

I was starting to fill out an I-539, but I noticed that the most recent form available on the USCIS website expired on 4/30/2018.

The edition date is what matters: https://www.uscis.gov/i-539 Use the 12/23/16 edition.

45 minutes ago, nnq said:

the person this is being filled out for was not given an I-94.

It's done electronically. Has the following page been checked? https://i94.cbp.dhs.gov/I94/

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I submitted an I-539 for my MIL that was receive on January 26th.  Her I-94 expires on Mach 22nd.  It seems that the processing times are very long and the last thing we want is for her to not be able to visit.

 

I have seen old and contradicting information so I was hoping someone could clear up our biggest worry.

 

As long as the I-539 is processing is it okay that the I-94 has expired?

 

Thank you!

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The i539 receipt notice puts her in an authorized state of stay, even if the i94 expires. 

 

But, bear in mind if the i539 is denied, her tourist visa would stand cancelled once she stays past the i94. I539s should only be used for emergencies/medical reasons, and not for routine extensions. There's nothing a tourist can't accomplish in 180 days. 


I-751 journey

 

10/16/2017.......... ROC package mailed

10/18/2017.......... I-751 package received VSC

10/19/2017.......... I-797 NOA date

10/30/2017.......... Notice received in mail

10/30/2017.......... Check cashed

11/02/2017.......... Conditional GC expired

11/22/2017.......... Biometrics completed

  xx/xx/xxxx.......... waiting waiting waiting

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1 hour ago, WeGuyGal said:

The i539 receipt notice puts her in an authorized state of stay, even if the i94 expires. 

 

But, bear in mind if the i539 is denied, her tourist visa would stand cancelled once she stays past the i94. I539s should only be used for emergencies/medical reasons, and not for routine extensions. There's nothing a tourist can't accomplish in 180 days. 

 

1 hour ago, nnq said:

Thanks.  I hope USCIS sees things our way then.

 

Just to clarify, that if she has stayed beyond her i94 and the i539 is denied, not only is her visa automatically voided but her overstay is backdated to the original i94 expiry. She will not have accrued illegal presence/ban because the stay was authorized pending decision, but it still means that the next time and every other time she applies for a US visa - which she henceforth can only do from her country of nationality - she will be answering yes to both the questions about overstay and having a visa cancelled. The chances of her getting a future tourist visa against that background are just about zero. I just wanted to spell it out so that you understand the risks of USCIS not “seeing things your way”.

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2 hours ago, nnq said:

 

I really wish we could know before her I-94 expires.

On the dates you gave I think that’s highly unlikely to happen. Safest course of action will be for her to plan to leave before it’s up and treat it as a bonus if you get approval before that date. I’m assuming it’s not been an emergency so being granted the extension is not something I’d personally rely on.

Edited by SusieQQQ

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20 minutes ago, SusieQQQ said:

On the dates you gave I think that’s highly unlikely to happen. Safest course of action will be for her to plan to leave before it’s up and treat it as a bonus if you get approval before that date. I’m assuming it’s not been an emergency so being granted the extension is not something I’d personally rely on.

 

I don't think it will happen either.  We submitted the paperwork to the Mesquite, TX office, per their directions, but on the USCIS website it does not list Mesquite, TX as one of the locations to get processing times for the I-539.  Do you know anything about that?

Edited by nnq

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From other forums I've read, USCIS has been issuing RFEs for i539s. They seem to be scrutinizing the need for an extension beyond the usual 6 months granted on a B2. 


I-751 journey

 

10/16/2017.......... ROC package mailed

10/18/2017.......... I-751 package received VSC

10/19/2017.......... I-797 NOA date

10/30/2017.......... Notice received in mail

10/30/2017.......... Check cashed

11/02/2017.......... Conditional GC expired

11/22/2017.......... Biometrics completed

  xx/xx/xxxx.......... waiting waiting waiting

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