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 5 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.


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