Q: Is it required/allowed to file i539(on b2 visa) if wife and i will be filing AOS(adjustment of status)
Is it required/allowed to file i539(on b2 visa) if wife and i will be filing AOS(adjustment of status) through marriage based green card. Exipiration of i94(b2) is a about month away. What if there is a delay in reciept of notice, should we file for i539 just in case, before her expiration/before filing i130/i-485
A: You are allowed to file I-539 on B2 visa but if you file for AOS BEFORE your wife's B2 stay expires then there is no need to file the I-539 because as soon as USCIS receives your application your wife's stay will be automatically extended until a decision is reached (or application is withdrawn) on your application. Don't worry about not getting the receipt notice before the B2 stay expires but make sure to mail your application with proof of delivery so that you are sure it go to USCIS and can show on what date. It sounds like you may be filing the AOS on your own (i.e. without an attorney) but I still recommend at least consulting with an attorney to make sure there are no issues or concerns that you may not be aware of and especially consult with one if you will NOT file BEFORE your wife's B2 stay expires. Best wishes!
A: As a general rule, a B1/B2 non-immigrant visa does not allow a foreign national to have dual intent. Some foreign nationals are granted specific types of non-immigrant visas and could show a future interest in immigrating to the US while holding a non-immigrant status. I strongly recommend you consult with an experienced immigration attorney. Good luck!
Ina Shtukar agrees with this answer
A: I agree with my colleagues. I also recommend hiring an attorney. USCIS sometimes takes a position that an applicant misrepresented their intent, if they enter on a B2, which could lead to a denial of your I-130 petition based on misrepresentation. Schedule a consultation! Immigration law is very complex to tackle on your own and a mistake can have draconian consequences. Too many of my clients wait too long to speak to an attorney. At the end, they end up paying a lot more because it is much harder for me to fix something after the fact and convince USCIS to change their position as opposed to convincing them to take a favorable action in the first place.
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