I539 for parents

My parents have valid B2 visa until 2025. They are in the US currently with I94 issued until December 2022. I am expecting a baby in late January 2023. I would like for them to be here until February (just so they can see their grand child for a few days).

  1. Can I know whether applying for I539 is advisable with this timeline?
  2. Should it be one application or separate for each (USCIS website mentions from April 1st it has to be individual payments, so confirming it)
  3. Should it be using paper filing or online?
  4. What would be the implication (for their future visits) if processing undergoes for I539, their I94 expires in December, but the I539 ultimately is rejected?

Any help is appreciated!

If you want to extend their stay beyond the I-94 expiry date, you will need to apply for extension of stay before the I-94 expiry, otherwise they can leave before I-94 expires and come back next year.


Either is fine.

No issue.

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Thank you @Kalpesh_Dalwadi,

Can you tell me if I should be filing I539 for one parent and then I539A for another to be included with the first form I539?
That is (two separate I539s) or (an I539 and a I539A to go along with the I539)?

I am asking because some parts of both documents mention that for each family member of the one filing I539, an I539A should be completed (instead of a separate I539)

Please help

What will be your reason for extension? Given Covid is not so prevalent at this time, you will need strong proof. I have extended 3 times before and they just re-entered on Oct 15.

It is because I am expecting a baby in January 2023.

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Also, should the filing be done in my own USCIS account or must one of my parents create a new online USCIS account and file for both of them?
Thanks in advance!

Yes, but if you mention that reason it will be rejected.

Yes, but the intention is not to take care of the baby but for them to see their grandchild before their return journey. Is it still not advisable to file for their extensions?

If you file a paper application, then you can include both parents in one application and pay one fee.
If you file online, you have to pay separately and file a separate application for each parent/individual.

Do not mention the reason for the extension as ‘Child care’ as it is treated as working in the US.
Also, if they have already extended their B2 visa while staying in the US, my suggestion is to not file an extension this time.

it is better to leave and then return later after a month or two’s gap to be on the safer side.


Hi Nisha
You can apply with strong reasons/proofs.

I am applying two separate I539s since when I first started online it said if there are additional applicants then only paper filing can be done. So I am doing I539 for both my parents separately.

There are a few questions which I need help with to answer.
Question 1: Is this application based on a separate petition or application to give your spouse, child, or parent an extension or change of status?

The options are

  1. Yes, filed with this I539
  2. Yes, filed previously and pending with USCIS
  3. No

Should I give option 1 for both my parents or option 3 for my father (first application) and option 2 for my mother?

Question 2: Describe how you are supporting yourself. Include any documentary evidence of the source, amount, and basis for any income

Can I submit my own bank statements and mention something like ‘Our daughter will support us, attached are her bank statements’ or should it only be their own bank statements (they have their own funds too)?

Sorry this is unclear to me!

Hello Nisha

  1. It is better to apply paper application and pay one fee, but you still have to pay biometric fee for both.
    I-539 for Primary applicant
    I-539 A for Dependent
  2. For supporting documents, you should include one letter from you and one from your parents. For income/funds you can include either one, I don’t think this will matter as long as it is enough to cover related expenses.

Thank you, but can I have an answer for my question 1 because due to lack of time constraint I am filing online for both my parents?

If you are filing online, answer is No.