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Do I need to apply for I-539 (Application To Extend/Change Nonimmigrant Status)?

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  • Do I need to apply for I-539 (Application To Extend/Change Nonimmigrant Status)?

    I am in the US on a B2 visa, I married my long time boyfriend (who is now an American citizen) last November 7. I am in the process of completing all forms necessary for my I-485 application. My I-94 will expire on January 17, 2021, I will submit the I-485 and I-130 on or before the end of November. Do I need to apply for I-539 - Application to extend/change nonimmigrant status? Thank you in advance for your advise.
    Timeline:
    Marriage to American Citizen (San Francisco)
    12/18/20: My package was received at Chicago lockbox
    01/10/21: I received four NOA receipts on January 5, 2021
    07/09/21: Biometrics done
    07/15/2021: Online update on I-485: Case Is Ready To Be Scheduled For An Interview
    8/26/2021: We ordered your new card (I-765)
    8/27/2021: Online update on I-765 and I-131: case was approved
    9/3/2021: Card Was Delivered / Combo Card on hand
    10/28/2021: Update on USCIS website: "Interview was scheduled"

  • #2
    No. It is not necessary, and it requires you to lie, since it requires a statement of your plans to leave the US, and you don't plan to leave the US.

    This is my personal opinion and is not to be construed as legal advice.

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