I-130 and B2 extension

[journeyer]

She's probably better off just doing a regular overstay for a few weeks instead of frivolously filing for an extension that will surely be denied.

Yeah, that seems to make sense. You seem to be pretty informed. So what do you think is that chance of anything negative happening by just overstaying for a month?

 

[journeyer]

IF she files the I-539 before falling out of status, she will have a reciept that puts her in a "period of authorized stay" during the pendency of the properly filed I-539. AFTER it is filed, THEN you file your I-130 and indicate Consular Processing just as you want to do. By the time the I-539 gets denied, she may have already departed OR the denial will advise her to either leave immediately or more often "within 30 days". In either case, she was planning to leave anyway. Even if she is "out of status" after the date of the denial but before her planned departure, Unlawful Presence does not become a "bar to addmission" until one builds up 180 days of it.

Thanks, that is what I was thinking, but it seems that some here believe that filing the I-539 will damage the I-130 by getting her immediately put into removal proceeding upon denial. We only want an extra month, she would already be gone, most likely before the denial.