Q: Should we file Form I-539 separately or jointly to extend my parents' B1/B2 visa stay in the U.S.?
My parents are currently in the U.S. on B1/B2 visas. They arrived in June, and their 6-month stay is set to expire in December. We’re hoping to extend their stay for a few more months and are preparing to file Form I-539. My question is whether it’s better to file two separate I-539 forms for each parent or submit one combined application. I understand that a joint filing requires adding Form I-539A and must be mailed instead of filing online. Are there pros or cons to doing it one way versus the other? Is there anything else we should be aware of or take into account before submitting the extension request? Any insights or guidance would be greatly appreciated.
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A:
When extending your parents' B1/B2 visa stay using Form I-539, either option—filing separately or jointly—can work, but there are some factors to consider. Filing jointly with one primary Form I-539 and adding a Form I-539A for the second parent may be more convenient since it consolidates both cases into a single submission. However, it must be mailed in, which can take more time, and if any issues arise, both applications could be delayed.
Filing separately allows each application to be processed independently, which might be beneficial if one parent’s circumstances differ or if you'd prefer to file online, which is faster. It may also reduce complications if any minor issue affects one application but not the other.
Before submitting, make sure you provide clear, compelling reasons for the extension, and submit all required supporting documents like proof of financial ability and explanation of why the stay needs to be extended. Keep in mind that there’s no guarantee of approval, so it’s important to file well before their current stay expires.
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