Sashalala

New Member
Hi,
Please help! Don't know what is the best option for me.
Last May came on B2 visa to visit my boyfriend(he is a US citizen), stayed for 6 month and at the end of my authorized stay applied for extension for another 6 months. In March I got RFE and had a deadline to respond today. New rules say that I have additional 60 days to respond. Last week I got married with my boyfriend and we are planning to file for AOS within a month. The question is what do I do about my pending I-539. Do I just abandon it or respond to RFE? I think I will probably get a denial either way(unless corona virus helps). That means I will be in removal proceeding. Would it mess up my green card petition? Or it doesn't matter once they received I-130? Also, I've read that I can withdraw my I-539, that way I would be overstaying less than 180 days which is forgivable if you're married to a citizen. Would that work?
Thanks in advance!
 
Forget about the I-539. Just file I-130 and I-485 together for Adjustment of Status. As the spouse of a citizen, you are in the Immediate Relative category, and you don't need to be in status do be eligible for Adjustment of Status. It doesn't matter how many months or years you may have been out of status.
 
Top