I-539

[JingJoseph]

Thanks for you guys help on another question!!!!

This one is kinda the same. Sorry no timeline yet.

 

We are K3 wife has been here almost 2 years

on the approved I-129f. I-130 so slow we had

to file I539 to extend stay.

 

On the phone and in the instructions for I539

a K3 only has to submit the I94 and her chinese

passport. Her visa runs out this month but the

I94 runs out in November.

 

Cant seem to find out from them the difference

between the dates on the visa and the I94.

I know its because she got the visa in china

and the I94 was at POE. But know one there

has a clue if we will have future problems

because of the visa expiring before the I94?

Copies of wifes visa they dont need?

 

Sent a copy anyway but know worried should

we have sent it with the I539.

Will that bite us in the butt when we file AOS?

 

These people scare us, seems once you know

what to do you find out no heck you dont.

Edited August 13, 2008 by JingJoseph (see edit history)

[dnoblett]

The critical date is the date on the I-94, that date is when legal status in the USA ends.

 

I have read of many who file the I-485 before I-130 approval, they attach a copy of I-130 NOA1 letter to the petition, it is the same as as if you were to file for adjustment from another type of visa and were filing I-130 and I-485 together.

 

You will be filing the I-485 based on an immigrant visa petition that when approved would result in a visa based on unlimited visa class, this has the effect of jump starting the stalled I-130.

[Randy W]

This is really quite simple -

Use this form to obtain an extension of K-3/4 status while your permanent residence case is being processed. You may also submit a Form I-765, Application for Employment Authorization, at the same time as this form to request renewal of your employment authorization. You may travel outside of the United States and be readmitted as a K-3/4, if you have a valid passport and K-3/4 visa.

Use it to extend your K-3 status while your I-485 or I-130 is being processed.

 

Do you plan to have her go back to China for the I-130? Or did you file an I-485?

 

The dates on the visa are the validity dates - she must enter the US between those dates. The dates on the I-94 is the expiration date. Send in the I-539 before this date.

 

The visa will ALWAYS expire before the I-94, since the I-94 is good for a 2 year stay.

 

Take a deep breath, sit back, and continue waiting.

[JingJoseph]

The critical date is the date on the I-94, that date is when legal status in the USA ends.

 

I have read of many who file the I-485 before I-130 approval, they attach a copy of I-130 NOA1 letter to the petition, it is the same as as if you were to file for adjustment from another type of visa and were filing I-130 and I-485 together.

 

You will be filing the I-485 based on an immigrant visa petition that when approved would result in a visa based on unlimited visa class, this has the effect of jump starting the stalled I-130.

 

Understand thanks much!!!!!!!!!!!!!!

[JingJoseph]

This is really quite simple -

Use this form to obtain an extension of K-3/4 status while your permanent residence case is being processed. You may also submit a Form I-765, Application for Employment Authorization, at the same time as this form to request renewal of your employment authorization. You may travel outside of the United States and be readmitted as a K-3/4, if you have a valid passport and K-3/4 visa.

Use it to extend your K-3 status while your I-485 or I-130 is being processed.

 

Do you plan to have her go back to China for the I-130? Or did you file an I-485?

 

The dates on the visa are the validity dates - she must enter the US between those dates. The dates on the I-94 is the expiration date. Send in the I-539 before this date.

 

The visa will ALWAYS expire before the I-94, since the I-94 is good for a 2 year stay.

 

Take a deep breath, sit back, and continue waiting.

 

Was never realy sure about 485 uscis kept saying no you cant file 485 without p2 for I130. The last 4 calls there now they say go ahead and file it just file the 539 first which I did last week. Do not want her to have to go back to china for I130 no way. Will send 485 in a few days. Then like you said sit back and wait some more.

[dnoblett]

Was never realy sure about 485 uscis kept saying no you cant file 485 without p2 for I130. The last 4 calls there now they say go ahead and file it just file the 539 first which I did last week. Do not want her to have to go back to china for I130 no way. Will send 485 in a few days. Then like you said sit back and wait some more.

Yep, should have just sent the I-485 in last year before July 30, 2007 when USCIS bumped up the rate.

 

On a positive note, you wont have to deal with a conditional green-card, marriage more than 2 years before green-card approval results in a 10 year card.

 

Dont forget, you will have to do a full medical I-693 for AOS since the one for the K-3 visa is over a year ago.

[JingJoseph]

Was never realy sure about 485 uscis kept saying no you cant file 485 without p2 for I130. The last 4 calls there now they say go ahead and file it just file the 539 first which I did last week. Do not want her to have to go back to china for I130 no way. Will send 485 in a few days. Then like you said sit back and wait some more.

Yep, should have just sent the I-485 in last year before July 30, 2007 when USCIS bumped up the rate.

 

On a positive note, you wont have to deal with a conditional green-card, marriage more than 2 years before green-card approval results in a 10 year card.

 

Dont forget, you will have to do a full medical I-693 for AOS since the one for the K-3 visa is over a year ago.

 

Got ya. Just found its needed again, have a local place

to do that. Wifes pissed we did that last year here thinking it would be still be good now its not. She was right I was wrong of course.

Thanks dnoblett Thanks much!!!!!!!!