Is a B1/B2 Extension Based on a Separate Petition or Application? Understanding Part 3 of Form I-539
This article explains Question 3.a in Part 3 of Form I-539, which asks whether an application is based on a separate petition or application to extend or change the status of a spouse, child, or parent. It states that most B1/B2 extension applications should answer No, and uses B1/B2-to-F2 and H-4 following an H-1B extension as examples of when to answer Yes.
Part 3 of Form I-539 contains the following question:
3.a. Is this application based on a separate petition or application to provide your spouse, child, or parent an extension or change of status? Yes, filed with this Form I-539; Yes, filed previously and pending with USCIS; No.
Many people are confused about the meaning of this question and do not know how to answer it. The question asks: 'Is your application based on an extension or change of status of your spouse, child, or parent?' In plain terms: are you required to change (or extend) your status because your spouse, child, or parent is changing (or extending) theirs? For the vast majority of B1/B2 extension applications, these two questions do not apply, and the answer is No.
Under what circumstances should you answer Yes?
Form I-539, officially titled "Application to Extend/Change Nonimmigration Status," is a versatile form that can be used for extension applications and change-of-status applications for all nonimmigrant visas.
- For example, if you were originally in the United States as a B1/B2 visitor, and later your spouse applied for an F1 student visa, and now you want to change to F2 dependent status. Your B1/B2 to F2 application is based on your spouse's F1 application. In this case, you should answer: Yes.
- For another example, your spouse holds an H-1B visa and you hold a dependent H-4 visa. After expiration, your H-4 can only be extended if the H-1B is extended. Therefore, your H-4 extension application is based on your spouse's H-1B extension application. In this situation, you should also answer Yes.
For ordinary B1/B2 extensions—whether you want to stay a few more months for tourism, care for a grandchild for a few more months, not return home because you haven't spent all your money, or are applying for a second or third extension—the answer is always: No. None of these reasons are based on another USCIS application. When parents file a single I-539 to apply for B1/B2 extensions together, the answer to this question is also No.
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