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What happens to kids on I539A if spouse (I539) goes out of US before I539 decision

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  • What happens to kids on I539A if spouse (I539) goes out of US before I539 decision

    My L1A Extension is going on. Also filed I539 for my wife and I539A for each kid. Now my wife wants to go to home country leaving me and my kids here in US. Will they also have to exit US if my wife goes out of US before a decision to I539 comes. What can I do to ensure my kids can remain in the US.
    PS: My main L1A I94 expired few weeks back, but I have filed extension and I539/I539A forms well before expiry.

  • #2
    Even though you filed 539 for your wife & kids together, the approval will come separately for each applicant as form 797 approval notice.

    So your kids can stay back in USA with you & your wife can travel alone.

    When she travels back to USA, ensure your wife carried copy of her own 539 receipt or approval notice.
    - I am not an Attorney, hence not giving any legal advice. Just sharing MY opinion with an intent to help others.

    If my opinion helping you, then please do click "like" button below.

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