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Married While Visa Extension (I-539) is Still Pending

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  • 04-13-2011, 08:14 PM
    usahome
    Married While Visa Extension (I-539) is Still Pending
    Hello all,

    I am a US citizen who recently married an immigrant who is in the United States with a B1/B2 visa. We would like to move towards getting my wife a Green Card and permanent residency, but she has a I-539 (stay extension) form that is still pending. I can assure you it was submitted in good faith.

    Will the fact that this form is pending interfere with the Green Card process? Submitting the I30 form, I-485, I-864 etc?
  • 04-15-2011, 07:17 AM
    Mr. Knowitall
    Re: Married While Visa Extension (I-539) is Still Pending
    Without a lot more detail I would suggest consulting an immigration lawyer. Important details would include when you married, when your wife entered and for what approved stay, and how long she has been in the U.S.

    The filing of the I-539 does not prevent her from filing the I-485, but the bigger issue is whether the USCIS might infer from the timing that she misrepresented her intentions.
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