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  1. #1
    Join Date
    Apr 2011
    Posts
    1

    Default 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?

  2. #2
    Join Date
    Sep 2005
    Location
    Behind a Desk
    Posts
    98,846

    Default 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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