I 539 form question

Hi,

I am new to this forum and need help and advise. I am applying for COS to B2 while in US.

My Brother has filed i 130 ( F4 Category ) for which the priority date is 7-8 years away.

These are two separate questions which are asked on the form i 539. My understanding is that answer to question 3 should be NO because no i 485 has been filed and I haven't filed for the immigrant visa yet as the priority date is not current but only a petition.

3. Are you, or any other person included on the application, an applicant for an immigrant visa? Yes No

4. Has an immigrant petition EVER been filed for you or for any other person included in this application? Yes No

Please advise what the answers should be to the above questions.

I found online some information about these two questions below

https://www.nolo.com/legal-encyclopedia/filling-out-form-i-539-extend-nonimmigrant-visa.html has these answers which indicate the answer should be NO for question 3. Please advise.

Question 3: An "immigrant visa" is a visa that allows you to come to the U.S. and live here as a permanent resident. If you or any members of your family included in your application have applied for an immigrant visa, it indicates that you are seeking to stay in the U.S. permanently and get a green card. USCIS will probably conclude that you have no intention of returning home after your visit and will deny this extension application accordingly. There is no a solution for this—and hiding your immigrant visa application from USCIS is impossible.

Question 4: An "immigrant petition" is something that a family member or employer files for you as the first step in the process of getting you permanent resident status in the United States. It's not the same as your immigrant visa application. Some petitions will place you on a waiting list that will last many years before you yourself can take an active role in applying for an immigrant visa. Nevertheless, USCIS may deny your extension application if your answer to this question is yes.
 
Thanks newacct. Also, just to confirm , I am sending these doc. -

- i 539 form
-Fee
- Copy of passport
- copy of i 94

Is there anything else do i need to send. Do you recommend Bank statement for fund question or just give explanation - enough funds from the job?. Is there anything else i am missing?

Thanks in advance.
 
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