I-539 Extend Nonimmigrant Status reasons

[JonLisa 1]

Is 5 weeks before my husband needs to return on B2 Visitor Visa too late to file extension?

[Boiler 45,657]

No

[HRQX 4,145]

48 minutes ago, JonLisa said:

Is 5 weeks before my husband needs to return on B2 Visitor Visa too late to file extension?

It's not too late.

 

Does he want to stay as a LPR or does he have to go back home for personal reasons? In your other thread you mentioned filing I-130.

Edited December 21, 2020 by HRQX

[SusieQQQ 11,586]

It’s not too late to file, but he will not receive a decision on the request for 4-6 months.

[Dashinka 24,591]

5 hours ago, JonLisa said:

Is 5 weeks before my husband needs to return on B2 Visitor Visa too late to file extension?

So is it 5 weeks before his authorized stay expires on his B2, or does he need to return to the DR in 5 weeks and the B2 will expire before that happens?

 

Like @HRQX, I am a little confused, are you planning on filing to adjust status or does he have to return to the DR for personal reasons?  If he is adjusting, I don't think there is any reason to file for an extension to the B2.

[JonLisa 1]

Sorry, yes...in 5 weeks (Feb1) his authorized stay is over. He has a 10 year visitor visa and can stay 6 months each year. We just saved enough money to file Spousel visa but would like to extend his stay while we do it. I'm nervous we're too close and he'll have to return. 

[Dashinka 24,591]

21 minutes ago, JonLisa said:

Sorry, yes...in 5 weeks (Feb1) his authorized stay is over. He has a 10 year visitor visa and can stay 6 months each year. We just saved enough money to file Spousel visa but would like to extend his stay while we do it. I'm nervous we're too close and he'll have to return. 

Still not completely clear.  Is he planning on going back and you will file for an CR1/IR1, or is he staying and adjusting?  It seems that an extension is unlikely given what you described, and if he is adjusting, I would not waste the money filing for an extension since overstays are forgiven for immediate relatives.  If he has to go back and you are pursuing the spousal visa, then I would leave before the B2 stay expires so he doesn’t lose it and can still visit.

[JonLisa 1]

We would like him to stay and adjust status but wasn't sure if that was possible.  Should we just file CR1 and ask for forgiveness for staying? Don't want to get in trouble or file unnecessary paperwork.

[Boiler 45,657]

Short on money and he can not work as a visitor.

[Dashinka 24,591]

1 minute ago, JonLisa said:

We would like him to stay and adjust status but wasn't sure if that was possible.  Should we just file CR1 and ask for forgiveness for staying? Don't want to get in trouble or file unnecessary paperwork.

If he can stay and adjust and not need to go back for 4-6 months, I would focus on that and forget the extension.

[Crazy Cat 41,979]

18 minutes ago, JonLisa said:

We would like him to stay and adjust status but wasn't sure if that was possible.  Should we just file CR1 and ask for forgiveness for staying? Don't want to get in trouble or file unnecessary paperwork.

1.  He cannot live in the US during the spousal visa process.  He can make short visits assuming CBP allows him in.  But, he cannot live here.

2.  If he is currently in the US, he can legally adjust status.  However, he will not be able to work or leave/return to the US for 6-8 months (maybe longer).

3.  Be aware of what happens if a visa extension is denied.

 

Edited December 21, 2020 by Lucky Cat

[Crazy Cat 41,979]

One more thing:  Once he files a proper I-485 to adjust status, he will be granted authorized stay in the US while the I-485 is pending.

[Dashinka 24,591]

3 minutes ago, Lucky Cat said:

1.  He cannot live in the US during the spousal visa process.  He can make short visits assuming CBP allows him in.  But, he cannot live here.

2.  If he is currently in the US, he can legally adjust status.  However, he will not be able to work or leave/return to the US for 6-8 months (maybe longer).

3.  Be aware of what happens if a visa extension is denied.

 

To the OP, number 3 is very important, if he overstays and the extension is not granted, he will lose his B2.

[Crazy Cat 41,979]

1 minute ago, Dashinka said:

To the OP, number 3 is very important, if he overstays and the extension is not granted, he will lose his B2.

That is correct.......and I seriously doubt an extension would be granted for "immigration purposes".

[Duke & Marie 1,389]

1 hour ago, JonLisa said:

We would like him to stay and adjust status but wasn't sure if that was possible.  Should we just file CR1 and ask for forgiveness for staying? Don't want to get in trouble or file unnecessary paperwork.

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