I-539 Application To Extend/Change Nonimmigrant Status and I-485 Questions

[garygnu]

Hello,

I am new here and I am hoping for your guidance since I just started the I-485 process. I am a Canadian and came to the US last July on a visitor visa (B2) to visit my long time boyfriend (US citizen). I intended to stay for only a month but he proposed. We just got married last Saturday, November 7, 2020.

I have started to read documentations on changing nonimmigrant visa to permanent residence via I-485. I have read on websites that I also need to extend my nonimmigrant status in the US via I-539: Application To Extend/Change Nonimmigrant Status.

Since my I-94's validity is until the middle of January 17, 2021. I am submitting the I-539 online via myuscis website and I need advise on how to answer the following questions:

1. What are you applying for?

An extension of stay in my current status
Reinstatement to student status
A change of status

*I have chosen 'A change of Status', is this right?

2. What is the change of status you are requesting?
*Should this still be B2?

3. What is the effective date of change?
*Will this be 01/17/2021 since this is the last validity date on my I-94?

4. What date are you requesting your current or requested status be extended until?
*Since I am applying for I-485 and according to the timeline, it takes anywhere from 10-13 months to process, what date should I choose? I have read in some articles that the maximum extension is for 6 months?

Can I also submit the I-539 application in advance before I submit the I-485, I-130, I-130a etc or should my husband file the I-130 and I-130a before I submit the I-539?

Thank you in advance for your help.

Best regards,
Gary

[newacct]

No. You do not need to, and you should not, file I-539, as it requires lying -- B2 extension of stay requires a statement on your plans to leave, and you do not plan to leave.

[garygnu]

Thank you newacct for the quick advise!