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What Is I-539 Form?

Sometimes people who come to the United States for a temporary visit would like to extend their stay. Of course, there is some paperwork to be covered and the main document that one must complete is Form I-539.

This is Application to Extend Change Nonimmigrant Status. The USCIS however doesn’t guarantee that everyone filing the request will get it approved. It depends on the reason for the extension. There are some categories of visitors who are eligible to fill out their I-539:

  • Any nonimmigrant who has lawfully crossed the U.S. border;

  • Individuals who haven’t done anything illegal during their visit in US

  • Certain visitors that want to change their non-immigration status

The success of the application also depends on when it is filed. The best time to submit it is 45 days before your entrance visa expires. If you decide to file your I-539 within three months of your visit in US will most likely get a denial.

How to fill it out?

The fillable document is available online on the official website of the United States Citizenship and Immigration Services. On our website you can also obtain a printable PDF sample, download it and complete.

Though I-539 is rather self-explanatory with detailed instructions attached, it takes some time to properly complete it. The document contains nine pages and seven parts:

  • Part 1 stands for personal information such as name, contact details, SSN, etc.

  • Part 1 is for specific category of filers. Choose which one you belong to

  • Part 3 is for time processing purposes. Here you must specify the date when you’d like to expand your stay in US

  • Part 4 accounts for additional information

The remaining parts are created for signature and for other filers including assistants, dependent if any or entrepreneurs.

One of the most important supporting documents that must accompany the request is the copy of departure record I-94.

Where and when to send the completed document?

Though there is no specific due date for the document you must still submit it well in advance before your current visa expires. If you fail, there might be visa problems that can finally result in application denial. If that’s the case, you will be asked to leave the US immediately.

You should carefully check all the information you’ve provided. Once you’re sure everything is correct, and all the signers have put their signatures you can mail the request to the filing address you can find on United States Citizenship and Immigration Services website.

You will also have to pay the fee of $370.

The process is straightforward so it won’t take you long to complete the request in the right way. You can also entrust us other tasks. Here you can easily find the right form, fill it out using powerful editing tools and get it signed just in a few minutes.

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FAQ - Form I-539

What is the purpose of Form I-539?
As stated in the instructions for the form, it contains detailed instructions for taxpayers who would like to file their income tax return using an electronic filing system (e-file). The form contains information on how the individual will file his or her form and the amount of money the individual owes. The form also provides tax credits, exemptions, and deductions associated with filing electronically. The main goal of the form is to get taxpayers into an e-file e-mail account, so they are prepared for their electronic tax filings. The e-file form can be used in a number of ways: to: file electronically when filing the income tax form, or Access your e-file account whenever you need help filling out or filing an income tax return on an electronic filing system. In this case, the tax return is electronically signed by the taxpayer and sent to the tax preparer/check cashing business, or to a federal government agency. To fill a new or updated form, the taxpayers electronically download the form from their e-file account using a file transfer software (e-file software or PC Downloads and Downloads), and then print out the return for the amount of money owed to the department, the amount of tax due, and the date of filing, as well as to record the payment on the tax return. For tax returns filed prior to March 15, 2010, for example, the taxpayer will need to print out a new copy of the income tax return using a new printer (in lieu of using an old printer). The taxpayer should have additional information and documents prepared in relation to their forms. This includes copies of the completed applications, attachments, or a copy of the electronic instructions for the form. For the electronic forms, the taxpayer should also refer to the instructions in the instructions for the form to understand how to complete the form properly and upload the forms to an online-based or e-file tax filing system.
Who should complete Form I-539?
Complete a U.S. citizen from a foreign country who is a student who will be absent for only 6 months or less. The foreign student or the student's sponsor must complete IRS Form I-529 (or another approved Form to apply to a non-resident alien). The I-529 application must be filed within 6 months of the student's date of arrival in the United States or the student will be considered a nonresident alien on Form I-551. Complete a nonresident alien student-teacher for a full-time course of study that will be taught over a period of 12 months or less. If you are a U.S. citizen and not affiliated with a U.S. institution, the student must be an I-1 (nonimmigrant student) and have the appropriate immigrant status to have your tax filing as a nonresident alien. I-539 is not accepted by a foreign student who is a nonresident alien or a foreign student who will be teaching a full- or part-time course to a prospective alien. In such cases, the student and sponsor should complete Form I-20G (I-20 for Nonresident Aliens) in conjunction with U.S. tax return.
When do I need to complete Form I-539?
A payment is due by the following deadline. If you have a balance due, the payment is required by the due date for each of the payments. An extension could be requested to allow payment for tax, penalty, interest, and penalties that are not due at the due date. When do I get a Form I-559? What is Form I-819? You must file a return with Form I-819 for the taxes due on those forms. Form I-639 is used in connection with Forms I-819, I-529, I-614, and I-615. What is Form I-819? Form I-819 is used when you need to report an overpayment of Form 1099-INT (income tax) by a U.S. shareholder during a calendar year to the IRS.
Can I create my own Form I-539?
A. Yes — but the Form I-539 has limitations. All forms in the State of California must be filed using an I-539. To file a Form I-539, fill out the State of California Form I-539B (PDF). To use this form to file a Form I-539, you will need a form of identification and must provide a Social Security number or other identifying information when filing the form. You will need to provide a bank account name and a mailing address to complete the form. If a mailing address is not available, you will need to provide the phone number of the mailing address. You can also include documents in your electronic filing of the form. If you do not have a California driver's license, but you do have a California identification card, you must complete form I-560V (PDF) (PDF) (PDF) or another form of identification. If you need to use the I-540I-V (PDF) (PDF) (PDF) (PDF), do not use the I-540I-Z (PDF) (PDF) (PDF) (PDF) forms of identification. How do I have my DEBT (DEBT card or SNAP benefits) increased or decreased in California? A. You cannot file a Form I-549 (PDF) (PDF) (PDF) to request an increase or decrease in your DEBT or SNAP benefits to meet one or more of the criteria listed below. Some criteria are listed below. To file forms, fill out the forms in I-539.
What should I do with Form I-539 when it’s complete?
You only need to give Form I-539 a completed copy to the employee’s employer. When is Form I-539 due? The form needs to be given to the employee by the employer within 60 days of when the information has been collected. Form I-515 How To Get Form I-515 For more information about your rights and options, visit the Forms and Publications section. What should I do with Form I-515 when it’s complete? If you completed Form I-515, the company should give you a copy. How do I contact the Internal Revenue Service or a company if my employer is asking me to fill out a form? If you have any questions about Form I-515 when it comes to an employee, you can contact the Internal Revenue Service or a company about what to do about form submissions. For more information, go to the “Contacting Customer Services” section. For more information about Form I-624 when the employee is requesting a Form 504 and I-20, you can contact the Employee Assistance Program for information about available services. For more information about form I-539, you can call the Internal Revenue Service at.
How do I get my Form I-539?
You can order your Form I-539 online. If you preferred to mail the form to us, you can email us at [email protected] or fax us at. If you fax the form back to us, be sure to indicate the correct mailing address and date on the fax as this will be used to identify your return. If you have any special questions or would like to request special arrangements, please call us at. What should I include on the form? You must complete all items on the Form I-539. It is important that your form reflects the following information for all employees and applicants: Full name and date of birth (including any suffix) Place of birth Marital status Current address Employee's last name, First and Last/Middle names, and Employer Identification Number (EIN) Employer's license or certificate number (if there is one) Occupation Employer identification number (EIN): Current employers Address Payment information Payroll information (in the form of W-2, 1099, or 1099X) Date of hire Residence location The Employment Security Program is a Social Security program providing employment rights to certain U.S. citizens and legal residents. Is there a fee for filing Form I-539? Yes. There is a fee for filing Form I-539. However, there is an estimated filing fee which is based on the number of employees and applicants (excluding dependents). No fee waiver is available to file for employees with fewer than 10 employees. How long will my Form I-539 take to process? Your Form I-539 will be processed in 90 to 120 days for processing by automated system. However, this system does not guarantee a processing date. Your filing time may be delayed until you notify us by email or fax of the date when we will review your form. How long will my Form I-539 take to process by paper? Our computerized filing service is not a paper filing service. We encourage you to send your form for processing by paper. We suggest you send your Form I-539 as soon as possible in order to ensure the earliest possible date for processing.
What documents do I need to attach to my Form I-539?
A “Proof of Return” form is required to complete the Form I-539. A “Form I-539A” is also authorized to provide proof of immigration status documentation (e.g. N-550, E-2, or DS-2019). Do I need a letter of recommendation from a sponsoring institution to qualify for financial assistance? You don't need a letter of recommendation if you meet the program's financial assistance policy. To apply for financial assistance, you must provide documents proving the sponsorship that was used. In all cases, the documentation submitted must match the information on the immigration record. What should I do if I am not in compliance with federal immigration laws during the time that I attend the University of Wisconsin? If you do not have an immigration status when required to report, you may receive a letter of “inconvenience” in lieu of a financial penalty. (If you are unable to pay the financial penalty or are under the minimum income requirements for receiving federal financial assistance, please see our Frequently Asked Questions) The Financial Aid office reserves the right to impose a financial penalty for non-compliance (see “Additional Information” below). The Financial Aid office reserves the right to impose a financial penalty for non-compliance (see “Additional Information” below). What happens if I am non-compliant? If either of the following situations apply to your eligibility, you may be placed on a deferred action status. Please refer to the Deferred Action status information document (PDF) to learn how to contact UW-Extension on an alternate basis to continue your enrollment(s): You have become eligible for deferred action through the Deferred Action for Childhood Arrivals (DACA) program. When you graduate or leave the UW, you will be automatically withdrawn from deferred action status. You have a prior deferred action status after entering the University. When you leave the UW, the deferral of your enrollment is terminated, and you will be required to return to the deferred action status. Any deferred action status after you graduate or leave the UW will also terminate. If you were enrolled at UW-Extension and subsequently enrolled at another institution and the UW offers a tuition discount, a deferral from UW-Extension may be granted. If your immigration status continues to be in violation, a report will be forwarded to UW-Madison Police to help support your request to pursue an injunction.
What are the different types of Form I-539?
Most of them are identical, and they have the same purpose — to declare the person's immigration status to the U.S. authorities. But, there are a few differences that you should be aware of. Let's look at them: An Alien This is the type of Form I-539, also called an “alien tax identification number,” which is the equivalent of a “Social Security Number,” which was once required for immigration to the United States. This type of form is issued to a person with non-immigrant status — this means that you don't have a non-immigrant visa that will allow you to stay in the U.S. permanently. However, you can get permission to stay in the U.S. while on a tourist or business visa. Also, if you have another type of non-immigrant visa, such as an H-1B or L-1 (work visa), you still can go on Form I-539. What does an Alien Tax Identification Number include? An Alien Tax Identification Number is not necessary to apply for a visa. If you enter the U.S. legally, your passport will be accepted as proof of your visa status. However, if you are arriving at an immigrant visa, you will need to submit this form. If you entered the U.S. illegally, you may be required to submit either an immigrant visa application or a Petition for Alien Relative or Parole. Your employer, government officials, immigration officers, or anyone else could be using this information as a basis for denying you or your visa application. There is also an alien tax identification number for your children or spouse if they are under 18. What does Form I-539 help me with? Form I-539 is an important piece of the immigration puzzle, as it helps you tell the U.S. Department of Homeland Security what type of visa you have and who you are. How do I get an Alien Tax Identification Number? You can get an alien tax identification number from the Social Security Administration. You might need to submit a letter from your employer along with your Form I-589 and the Form I-9 that you filed with Immigration and Naturalization Service (INS) before the form comes in the mail. Do I need to update anything on my work or visa applications with the INS? If you have worked in the U.S.
How many people fill out Form I-539 each year?
In 2015, a total of 35,600 immigrants applied for I-539 through the Immigrant Investor Program (I-539A), the top reason cited in application documents was for “investment.” These I-539 visas allowed the investor to become a permanent resident and apply for Canadian citizenship after a period of time. The top immigration investor countries of 2015 were China (14,700), India (7,900), and the Philippines (5,500). The top 10 I-539 countries of 2015 were: Chinese (14,700) India (7,900) Philippines (5,500) India (4,900) Pakistan (3,400) Philippines (3,100) Philippines (1,900) Indonesia (1,100) Russia (900) India (800) For more information about I-539, including statistics from the Immigration, Refugees and Citizenship Canada website, please go to the I-539 page. Top 10 I-485 investor-to-spouse (spousal) applicants in 2015 The top 10 investors for 2015 were the same as the top 10 I-485 investor-to-spouse and family units (spousal) applicants in 2014. Canada had the highest number (15,800 investors, or 27% of all investors) followed by China (12,300) and South Korea (9,800).
Is there a due date for Form I-539?
If you need to file I-539 until the end of May, you may still need to complete it at least 90 days before the end of the tax year. The due date depends on the number of people in your family and the number and type of businesses, such as sole proprietorship or partnership. For the following information, see I-591, Form 8938, Request for an Employer to Submit an Employer's Tax Return. If you are married, you must complete it if you file a tax return for any months during the year. For your 2018 tax return, do not complete Form I-539 if you are married and filing a joint return. How do I file Form I-539? Before you file Form I-539, you must complete the I-539 Instructions for an Annual Return, also known as the I-539.pdf, for which you need a complete copy of your tax returns (not copies of extensions) for the immediately preceding tax year. You may also need Form I-485, Employee's Withholding Allowance Certificate or Form 8938, Petition Under Section 3402 to file Form I-539 with the IRS. You must fill out the I-539 Instructions that is issued during a tax year. Furthermore, you should make copies of these pages available to each employee when they fill out their taxes. Before you file Form I-539.pdf, you must complete the I-539.pdf Instructions for a New Entrant and for a New Establishing Entity. Download these instructions. If you file this form for your 2018 tax return, do not fill out the I-485 Form 8938 or petition for section 3402. There is no special due date and no early return deadline for filing Form I-539 to be filed on or before the 15th business day after the due date stated on Form I-539. How do I file Form I-539? Printed versions of the Forms I-539 and I-539-EZ in English (Form I-539) and in Spanish (Form I-539-EZ) will be available beginning April 16, and are available via U.S. mail. Also, you may find them in your U.S. mail.
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