# Remain or leave whilst I-539 pending



## popkace (Feb 13, 2012)

Hi, have had my I-130 approved and now in process with my I-539, had my medical but not bio metrics, been married to my husband for 8 months . Am currently in states but my 90 days limit on waiver programme coming up soon. I need to know if I can stay legally passed the 90 days as my case is "pending" or domI legally have to leave country and await the result. When I check my status on USCIS website it says "initial Review" ...and under that states that on July 9th your name was updated relating to your I539 Application....can anyone tell me what that means, I had mistakenly been led to believe my I539 was approved but this was not the case. thanks in advance.


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## popkace (Feb 13, 2012)

Husband is American Citizen.


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## Davis1 (Feb 20, 2009)

a I-539 is for changing status on a visa ...it cannot be used for a visa waiver 
Get an aila lawyer ...marriage cases should always use the fiancee or spousal visa 


not the back door method


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## popkace (Feb 13, 2012)

First of all, thank you for your response Davies1.

Far from " doing a back door method"

We have done all we possibly can the right way, using an immigration lawyer and filling out so many forms I have losses count, but it's all above board and nothing back door.
I merely asked the question as although we have a immigration lawyer, how do I know if he actually knows his stuff?, I was hoping someone on here could give me a definite answer to my question now as I will not be in contact with our lawyer until Tuesday, so if anyone could answer my original question, I would be much obliged.


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## Davis1 (Feb 20, 2009)

you should be using this method

spousal visa CR1
Immigrant Visa for a Spouse of a U.S. Citizen (IR1 or CR1)

do mot overstay a visa waiver


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## twostep (Apr 3, 2008)

Have you tracked your attorney's success rate or at least read his CV? You have Monday to consult a second attorney. Generally the first consultation is free of charge.


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