Seeking I-539 advice

[gearheadgeek]

My wife's daughter and 5 year old son (wife's grandson) have been visiting from Ukraine since May because of the bad situation there. Their five year visas have three years left. Their I-94s expire Nov 15. Daughter needs to go back to Ukraine and finalize her divorce. She has met a nice man here and he wants to marry her. We had grandson for six months two years ago.

We want to keep grandson here with an I-539 extension until his mother returns. Is it possible to get an I-539 for a child? He obviously does not read and write, so who should author the the I-539? What is a reasonable reason for requesting the extension?

I am puzzled by the comments here that it takes up to four months to get an extension but elsewhere was advised to not file sooner than three months after arrival. Simple arithmetic indicates that getting an I-539 is impossible. What is true here/

Thanks in advance for any advice you can give.

Carl

[peace999]

When does she plan to return? She will have to give it an interval of several months or she may find it hard to re-enter.

Yes, child's stand-alone extension application will be harder to get approved.
She can apply for both their extensions and then she alone can leave.

[gearheadgeek]

When does she plan to return? She will have to give it an interval of several months or she may find it hard to re-enter.

Yeah, we are aware of that. Coming back to pick up her son would seem to be a reason to come back in, say, six weeks. That is not the primary reason to want to keep him here, but might be helpful.

Yes, child's stand-alone extension application will be harder to get approved.
She can apply for both their extensions and then she alone can leave.

I hadn't thought of that. Thanks

Carl

[rayb]

An alternative option would be for your daughter to file for and obtain a divorce in the States, with Nevada's six-week residency requirement and instant divorce afterwards being the best location. After she has the Nevada divorce, she can proceed with marriage and Adjustment of Status (if her new husband is a U.S. citizen) without leaving the U.S.

--Ray B

My wife's daughter and 5 year old son (wife's grandson) have been visiting from Ukraine since May because of the bad situation there. Their five year visas have three years left. Their I-94s expire Nov 15. Daughter needs to go back to Ukraine and finalize her divorce. She has met a nice man here and he wants to marry her. We had grandson for six months two years ago.

We want to keep grandson here with an I-539 extension until his mother returns. Is it possible to get an I-539 for a child? He obviously does not read and write, so who should author the the I-539? What is a reasonable reason for requesting the extension?

I am puzzled by the comments here that it takes up to four months to get an extension but elsewhere was advised to not file sooner than three months after arrival. Simple arithmetic indicates that getting an I-539 is impossible. What is true here/

Thanks in advance for any advice you can give.

Carl

[gearheadgeek]

An alternative option would be for your daughter to file for and obtain a divorce in the States,
--Ray B

Wow! Great idea. That never occurred to me, but IIRC, people went to Mexico for divorce back in the day when it wasn't so easy here in the states. Yes, her prospective husband is a U.S. citizen.

Thanks!

Carl