Q: Do I need to file I-539 while I-130 is pending?
Immediate relative living with us on B-2 visa. Filed I-130, have receipt, under review. Do I need to file I-539 to extend her stay while I-130 is procession? Should I immediately file I-485?
A: If your immediate relative is in the United States on a B-2 visa and you have filed an I-130 petition for them, they can generally stay in the U.S. while the I-130 is pending. The filing of an I-539 to extend their B-2 status may not be necessary if the I-130 is being processed in a timely manner.
A:
If the immediate relative's B-2 status is set to expire before the I-130 petition is approved, filing Form I-539 to extend the B-2 status may be necessary to maintain lawful presence. The filing of I-130 itself does not extend or change the visa status. As for the I-485, it can be filed concurrently with the I-130 if a visa number is immediately available; otherwise, it should be filed when the visa number becomes available according to the Visa Bulletin.
Sincerely,
James L. Arrasmith
Founder and Chief Legal Counsel of The Law Offices of James L. Arrasmith
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