Hi everyone. I would like to learn a little bit more about Extension Of Status. My fiance entered the USA with a tourist visa and after a secondary screening she was only stamped 1-month on her i-94. She had spent the last 5 months with me (J-1) in the US. We are applying to an EOS with an immigration attorney who will file it. We want to make sure that this EOS doesnt limit her in the capacity to become a j-2 in June (we get married in May).
- Can we file on time and be considered i-539 pending if we file 10 days before here i-94 expires? attorney says it doesnt matter as long as we have proof (fedex) that the USCIS received the application before the i-94 expiration.
- Will her ''overstaying'' of the i-94 with an application pending affect her J-2 application? Worst case scenario, what happens if the application for the EOS is finally rejected. Does unlwaful presence starts the day it expires or is it retroactive?
- We will file the extension for June but she will probably be out on May (will get married on our home country at that time), does a pending i-539 affects her application to a J-2 Visa in home country? Thanks for all your knowledge friends!
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source https://www.reddit.com/r/immigration/comments/l66jc0/questions_regarding_eos_for_fiance/