If my girlfriend is on a J-1 visa without the 2 year requirement as an au pair and her I-94 expires at the end of next month, how can she do an I-539 to change to a B-2 with limited funds?
Get Legal Help Today
Compare Quotes From Top Companies and Save
Secured with SHA-256 Encryption
If my girlfriend is on a J-1 visa without the 2 year requirement as an au pair and her I-94 expires at the end of next month, how can she do an I-539 to change to a B-2 with limited funds?
She wants to do an I-539 to change to a B-2 but only has $2,000 in her account. Do you have an idea if that’d be enough to be approved? If not, do you know if me filling out an I-134 affidavit for support for her would help or hurt her in getting approved? What about transferring money to her account? And what happens if her I-539 is denied and she is here past her I-94 expiration date?
Asked on April 20, 2015 under Immigration Law, Colorado
Answers:
SB Member California Bar / FreeAdvice Contributing Attorney
Answered 8 years ago | Contributor
There is no requirement to be able to show specific funds for a B2 visa.� However, she has to have a valid reason for why she is looking to change her status and extend her stay.� If the petition is not approved, then she would need to return to her home country.� The affidavit of support is not necessary for the B-2.� As long as she files for the change of status while she is in status, she can remain in the US pending the adjudication of her request.
IMPORTANT NOTICE: The Answer(s) provided above are for general information only. The attorney providing the answer was not serving as the attorney for the person submitting the question or in any attorney-client relationship with such person. Laws may vary from state to state, and sometimes change. Tiny variations in the facts, or a fact not set forth in a question, often can change a legal outcome or an attorney's conclusion. Although AttorneyPages.com has verified the attorney was admitted to practice law in at least one jurisdiction, he or she may not be authorized to practice law in the jurisdiction referred to in the question, nor is he or she necessarily experienced in the area of the law involved. Unlike the information in the Answer(s) above, upon which you should NOT rely, for personal advice you can rely upon we suggest you retain an attorney to represent you.