I-539 Extension chances for approval??

[Vin Tor]

Hello my mexican fiance has a B2 tourist visa, She has been here since February, her current 6 month I-94 expires July 30th. (7 weeks from today) She is currently here legally. We wont be ready to marry until september so need more time.

We are considering sending in I-539 today asking for a 6 month extension until December 31st. ($290 fee).

What chances they will grant approval?

Should she return to mexico before July 30th if their decision is still pending?

She quit her job in February so does not have current work papers but the application only says send scan copies for passport visa and I-94. Will this be an issue on the I-539. I am aware this will be an issue if she returns to mexico and attempts to return after July 30th.

Thank you in advance for you advice

[peace999]

Please take into account that I-539 takes 3-4 months to process so he will have to stay past his original date of July 30 waiting for the response.

I think you should consider other options.

Please post; are you a US citizen?
Are you both actually engaged?
What is the validity of his B1/B2 ; meaning is it a 10 yr multiple entry visa and when does it expire?

[Vin Tor]

Yes I am a US citizen.
Her visa is a multiple entry visa expires in 2020.
we are going to get married but my divorce papers from current marriage is
delayed until August or September so we cannot get a marriage license/marriage until then.
Thanks so much.

[Vin Tor]

Here Visa Says B1 B2 Visa Border Crossing Card

[peace999]

First of all, you should not think about her changing to green card from visitor after you get married.

though people do it, it can be risky for her.

The proper way is to bring her as a fiancee( K1) and then get married and change to green card in US.

Or get married as a visitor and then she should leave US . Then you can file an I-130 and she can get her immigrant visa in mexico.

[Vin Tor]

Thank you sir. Just to clarify in our situation we have the following 3 options:

1.) Marry here and file all the paperwork to convert her (I-130, I485, I864)

Positives: She can stay here legally until the decision
Negatives: If there is a problem with the application, mainly my ability to support (I864) she will have to return and lose her B2 visa.
The cost required immediately to file all these forms approx $1500

2.) K1 Visa I129 application and she returned before July 30th when here I-94 expires.
Positves: proper legal way without stress of losing Visa

3.)For the option getting married now in US and then her returning before her I-94 expires to Mexico and filing the I-130.
Positives: ??
Negatives: She has to return prior to July 30th?

How long till she can legally return here or will it take her to get the papers in Mexico?
Will i need to file the I-130, and the I485 and I864 for approximately $1,500 for her to get papers or only the I130?

[peace999]

option 1 is risky like I said. entering as a visitor with the intent of converting to green card thru marriage is visa fraud.
Though people do it all the time, it is risky.


option 2 is the safest. she returns home before july 30 , then you file for her K1 visa. it will take 9-10 months for her to get k1 visa in mexico.
she will require proof she is your fiancée, pictures etc.. read about K1 details on travel.state.gov before taking a decision.

option 3 ; she returns before july 30th after getting married to you in US. then you file an I-130 only( no I-485)
with option of consular processing of visa in mexico. I-864 will be required too. Immigrant visa for her in mexico will take about 9-10mos.

[Vin Tor]

Got it. Thank you for clarifying we can now make a smart decision.

We are going to do K1 visa and she is going to return to mexico and wait out the process

However it would be great if she coudl visit me again
While waiting for the K1 to process, Ideally she can come back into the US on another
I-94. But there is an issue with getting accepted. so I have a couple questions about her returning.

1.) Her last paycheck stub in Mexico is January 30th so she cannot prove she was working.
Plus she has been in the US since February 1st so they know she wasnt working in Mexico.

Is there any chance they will grant her another i-94 for say 1-6 months?
She said sometimes after she crossing the border patrol just looks at her visa and then gives her I-94 for 6 months
without checking for work documents. But she says sometimes she gets a strict person who asks her for everything.

If she enters the border and goes to the consualte and asks for another I-94 and just says she forget her work papers
if they ask will they just deny and tell to back to mexico or will they cancel here precious B2 border crossing card and
not allow her in for 5 years??