i-539 and I-485 question

[query10]

Hi,
I filed extension of stay (on B2) 45 days before I-94 ends.
Then, around 10 days before my I-94 ends, my US citizen immediate relative filed I-130 and I filed I-485, which is called concurrent filing. I-130 already approved.
Now, I received intent to deny I-539, and need to answer it in 30 days.
Whether the I-539 is denied or approved, will it affect my AOS , what do you guys think?
Thanks.

 

[newacct]

No, it will not affect your AOS. You are not required to maintain status while AOS (I-485) is pending. (And in fact, since you are in the Immediate Relative category, you are not even required to have maintained status before AOS was filed.)

What I am curious about is why you filed for extension of stay if you were going to file for AOS?

 

[query10]

Because, I was not sure if my relative would be a US citizen before my original I-94 expired. Of course, I had a reasonable reasons to file that extension!

 

[newacct]

Because, I was not sure if my relative would be a US citizen before my original I-94 expired. Of course, I had a reasonable reasons to file that extension!

Whether your relative would be a US citizen before your I-94 expired made no difference, since you filed I-485 before your status expired anyway. So you would have been eligible for I-485 no matter if you were in the Immediate Relative category or not. There was no reason to file an extension of stay either way. And not only was it unnecessary and a waste of money, it might also be considered lying since you claimed you were staying temporarily on the I-539, but you filed I-485 so soon after.