I’m in a similar situation except my I-539 was finally approved today. Apparently the outcome of your I-539 does impact your AOS since you need to be in an authorized status at the time your AOS was filed. I found the reference here (Section E, Part 1): https://www.uscis.gov/policy-manual/volume-7-part-b-chapter-3

This is the relevant part: “If USCIS ultimately approves the EOS or COS application, then the alien is considered to be in lawful immigration status on the date the adjustment application is filed. If USCIS denies the EOS or COS application, then the alien is generally considered to be in unlawful immigration status as of the expiration of the alien’s current nonimmigrant status and likewise on the date the adjustment application is filed.”

so if it’s denied , then I’m considered to be unlawful on my B2 visa and when I filed for AOS? just to be clear . That doesn’t make sense to me though when I interpret it as a layman. Anyway let me await the outcome after the biometrics

another thing , my 6 months expire in June 2020 and the extension was meant to cover another 6 months till December 2020 . so what are the chances of them approving this now

almost one year down the line

My I-539 only granted me permission to stay until November 2020 and it was approved today, so I think you have a good chance. They’re just really backlogged because of CV-19. If I didn’t apply for my AOS, I imagine I would either have to leave the US or apply for an extension.

I’m not an expert, but my interpretation of USCIS rules is that if your I-539 was pending when you applied for your AOS, the decision will impact your AOS. So yes, I think if your I-539 is denied then you will be considered to have unlawful status at the time you applied for your AOS and since lawful status is a requirement of the AOS application, it will be denied.

Based on Lawfully data, it seems like there are relatively few denied I-539 cases so the fact that you have been invited to get your biometrics done is a good sign. I was worried about my I-539 too, but it has worked out so far, other than the fact that it’s been an agonizingly slow process. Hang in there!

thank you

after the biometrics how long did it take for them to tell you the outcome?

Biometrics: 11/24/20 Approved: 02/02/21

your NOAs are your “proof” of authorized stay in the US. If you are married to a USC, overstay is forgiven. join the forums on visajourney.com so you can get accurate answers 😊

Good point, I didn’t think of how they are more forgiving of USC marriages! I’m married to an LPR so that didn’t apply to me.

ok

I just received a notification that my case was approved

but , they did not bring forward the date .They extend it for 6 months from when my B2 stay was expiring.