Filing Instructions for V Nonimmigrant Status

[Supplement A to Form I-539]

IMPORTANT: Information on this site may be outdated. For up-to-date instructions and filing fees check always with the USCIS site:

Purpose of Form :

These instructions are used by persons seeking V nonimmigrant status while in the United States or extension of V status.

Number of Pages :


Edition Date :

10/26/05. Prior versions acceptable.

Where to File :

U.S. Citizenship and Immigration Services
P.O. Box 7216
Chicago, IL 60680-7216

Filing Fee :


Special Instructions :

Note on Filing Fee :

Applicants seeking V nonimmigrant status or an extension of that status should pay the application fee required for Form I-539, and, if between the ages of 14 and 79, a biometric service fee of $70. Applicants for extension of stay as a V nonimmigrant should pay only the application fee for Form I-539.

Download I-539, Supplement A (41KB PDF)
Download I-539, Supplement A_Korean (429KB PDF)
Download I-539, Supplement A_Spanish (48KB PDF)
Download I-539, Supplement A_Russian (393KB PDF)
Download I-539, Supplement A_Vietnamese (83KB PDF)

Department of Homeland Security
U.S. Citizenship and Immigration Services
OMB No. 1615-0004; Exp. 08/31/08
Supplement A to Form I-539

Additional Instructions to Form I-539 for V Nonimmigrant Status

What Is the Purpose of This Form?

This form contains additional instructions for Form I-539, Application to Extend/Change Nonimmigrant Status, for aliens physically in the United States who are applying to the U.S. Citizen and Immigration Services (USCIS) for V nonimmigrant status. If you are not applying to obtain V nonimmigrant status, you do not need to use this form. Aliens who are applying for V nonimmigrant status should complete Form I-539, and follow the instructions contained in this Supplement A to Form I-539 as well as those contained in Form I-539.

NOTE: Aliens who are using this form in conjunction with the Form I-539 do not necessarily have to be in a valid nonimmigrant status to obtain V nonimmigrant status in theUnited States. See “Who Is Eligible for V Nonimmigrant Status?” below.

Who Is Eligible for V Nonimmigrant Status?

To be eligible for V nonimmigrant status, an alien must be the spouse or child of a lawful permanent resident and be the beneficiary of a properly filed Form I-130, Petition for Alien Relative, filed on or before December 21, 2000. In addition, the Form I-130 must have been filed three or more years prior to the date of filing Supplement A to Form I-539, and be:

  • Still pending; or
  • Approved, and the alien beneficiary must either: 1) Waiting for an immigrant visa number to become available, or; 2) If the visa number is immediately available, the alien must have pending an application for adjustment of status or an application for an immigrant visa.

In addition, applicants must be admissible to the United States, except where the grounds of inadmissibility do not apply or have been waived. The grounds of inadmissibility that do not apply are INA sections:

  • 212(a)(6)(A) – Aliens present without admission or parole;
  • 212(a)(7) – Aliens without valid passports, visas, or other entry documents; and
  • 212(a)(9)(B) – Aliens who were unlawfully present for more than 180 days, then departed, and seek admission while barred from doing so.

Additional Instructions.

1. The applicant should check box “b” in Part 2 of Form I-539, and indicate “V” in the provided space;

2. The applicant should use information from the qualifying Form I-130 for his or her response to Part 3, Question 4 of Form I-539.

Additional Evidence Requirements.

In addition to the General Filing Instructions and Initial Evidence required by the instructions to Form I-539, the following requirements must be submitted:

1. Form I-693, Medical Examination of Aliens Seeking Adjustment of Status, without the vaccination supplement; and

2. Additional Initial Evidence. An alien applying for V status with USCIS should submit proof of filing of the immigrant petition that qualifies the alien for Vstatus, and if necessary, proof of filing of the Form I-485, Application to Register Permanent Residence or Adjust Status. Proof of filing may be in the form of Form I-797, Notice of Action, that serves as a receipt or as a notice of approval, or a receipt for a filed Form I-130 or Form I-485, or notice of approval issued by a local district office.

If the alien does not have such proof, USCIS will review other forms of evidence, such as correspondence to or from USCIS regarding a pending petition.

If the alien does not have any of the above items, but believes he or she is eligibile for V nonimmigrant status, he or she should state where and when the petition was filed, the name and alien number of the petitioner, and the names of all beneficiaries.

Where to File.

Aliens seeking V nonimmigrant status should submit their Form I-539 application to:

P.O. Box 7216
Chicago, IL 60680 – 7216

What Is the Fee?

In addition to the application fee required of $200.00 for Form I-539, the applicants must remit the biometric services fee of $70.00, as required by 8 CFR 103.2(e)(4). If necessary, USCIS may also take your photograph and signature as part of the biometric services requirements.

How to Check If the Fee Is Correct.

The fee on this form is current as of the edition date appearing in the lower right corner of this page. However, because USCIS fees change periodically, you can verify if the fee is correct by following one of the steps below:

  • Visit our website at and scroll down to “Forms and E-Filing” to check the appropriate fee, or
  • Review the Fee Schedule included in your form package, if you called us to request the form, or
  • Telephone our National Customer Service Center at 1-800-375-5283 and ask for the fee information.

USCIS Forms and Information.

To order USCIS forms, call our toll-free forms line at 1-800-870-3676. You can also obtain USCIS forms and information on immigration laws, regulations or procedures by telephoning our National Customer Service Center at 1-800-375-5283 or visiting our internet website at

NOTE: If your petition or application requires a biometric services fee for USCIS to take your fingerprints, photograph or signature, use the same procedure above to confirm the biometrics fee.

Use InfoPass to Make an Appointment.

As an alternative to waiting in line for assistance at your local USCIS office, you can now schedule an appointment through our internet-based system, InfoPass. To access the system, visit our website at Use the InfoPass appointment scheduler and follow the screen prompts to set up your appointment. InfoPass generates an electronic appointment notice that appears on the screen. Print the notice and take it with you to your appointment. The notice gives the time and date of your appointment, along with the address of the USCIS office.

Privacy Act Notice.

We ask for the information on this form, and associated evidence, to determine if you have established eligibility for the immigration benefit for which you are filing. Our legal right to ask for this information is in 8 U.S.C. 1103. We may provide this information to other government agencies. Failure to provide this information, and any requested evidence, may delay a final decision or result in denial of your request.

Paperwork Reduction Act Notice.

An agency may not conduct or sponsor an information collection and a person is not required to respond to a collection of information unless it contains a currently valid OMB approval number.

We try to create forms and instructions that are accurate, can be easily understood and that impose the least possible burden on you to provide us with information. Often this is difficult because some immigration laws are very complex.

The estimated average time to complete and file Form I-539, to which this form is a supplement is as follows: (1) 10 minutes to learn about the law and form; (2) 5 minutes to complete the form; (3) 15 minutes to assemble and file the application; for a total estimated average response of 30 minutes per application.

If you have comments regarding the accuracy of this estimate, or suggestions for making this form simpler, you can write to the U.S. Citizenship and Immigration Services, Regulatory Management Division, 111 Massachusetts Avenue, Washington, DC 20529; OMB No. 1615-0004. (Do not mail your completed application to this address.)