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Applying for green card while visa stay extension is pending and I-94 is out of date

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  • Applying for green card while visa stay extension is pending and I-94 is out of date

    Hello! Have an important question! I'm us citizen, my mother has an interview for the green card on Jan 5
    Her husband (not my father) are married almost 2 years ago( before we applied for her green card)
    My step father has a 10 year visa B2 his I-94 expires on Dec 16, today we have send I-539 for extension of stay ,with all the supporting documents. My question, in case of denial, what will happen, and from Jan 5 (after my mother will have a green card) can she apply for her husband green card, while he is under pending I-539? His I-94 will be expired by this time. And if the visa extension will be denied ,he will have to leave US right away, what is the best steps to do to file for his green card.
    Tank you so much for your help!

  • #2
    Originally posted by kiki23 View Post
    Hello! Have an important question! I'm us citizen, my mother has an interview for the green card on Jan 5
    Her husband (not my father) are married almost 2 years ago( before we applied for her green card)
    My step father has a 10 year visa B2 his I-94 expires on Dec 16, today we have send I-539 for extension of stay ,with all the supporting documents. My question, in case of denial, what will happen, and from Jan 5 (after my mother will have a green card) can she apply for her husband green card, while he is under pending I-539? His I-94 will be expired by this time. And if the visa extension will be denied ,he will have to leave US right away, what is the best steps to do to file for his green card.
    Tank you so much for your help!
    She can petition her husband. The spouse of a permanent resident is in the F2A category, which currently has a wait of ~1.5 years until final action, and ~9 months until date for filing if doing AOS. So after filing the petition, they need to wait that long before they can take the next step (consular processing or Adjustment of Status). Since he is not in the Immediate Relative category (spouse, minor child, or parent of US citizen), he will need to be in status in the US in order to qualify for Adjustment of Status. It is unlikely he will be in the US and in status in late 2016. So he will probably be looking at doing Consular Processing from abroad and coming maybe some time in 2017.

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

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