Need help with B1 query

srkotu

New Member
Hi Rajiv,

We need your advise on the the current situation. My Mother-in-law has a multiple entry B2 Visitor visa which is valid till May 2018. She had been to US 8 times before and has never overstayed her time in the I-94. She is planning to visit us in April 2018 for our house warming.
1. Can she stay for 6 months in the US or does she needs to get a new visa now before coming.
2. Will her I-94 be valid till her visa expiry date or beyond that.
3. Can we apply for an extension of stay if her I-94 is less than 6 months.

What is your suggestion in this case.

Regards
Srini
 
Rajiv doesn’t answer in here ;) we try help...

Her visa needs to be valid for entry, the I94 can go beyond that.

If you read back through the forums, yes you can apply for an extension, if you’re doing it because her I94 is less than 6 months realistically you’re probably going to run into trouble with the time it takes to process the application, especially if any less than-6-months I94 is because they think she’s been spending too much time here. Has she usually stayed 6 months at a time?

Also I wouldn’t try use the excuse of a 6-month visit for a housewarming....
 
Honestly, I would not apply for extensions nowadays.. best to exit the US and not extend the visit past i94 expiration, lest it may appear as if she's living in the US.
 
Hi,

My mother-in-law arrived yesterday and her I94 was stamped till May 5th 2018. We would like her to spend more time with us as we move into the new home and enjoy the summer.
In all her previous visits, she was always allowed 6 months and she left on time without any extension. The last time she was here was from Nov 6th 2016 till Feb 18th 2017. Her current visa expires 13th May 2018.
The immigration officer in JFK informed her that she is only giving her 45 days as her visa expires in May 2018.

Can someone suggest what are our options for her to stay with us through the summer. We had booked her return tickets for September as we never had this issue before.

Srini
 
Entry into the US, and length of stay are always at CBP discretion. 6-mo i94s are never guaranteed, even if she received those during the previous 8 visits.
If she got till May 5th, I wouldn't risk her to visit beyond that. Best that she return home prior to i94 expiration. She can reapply for a new visa, and if granted, try for another visit possible next year.
 
Hi,

We have just found out that the I94 on the CBP website has Admit Until Date: 09/21/2018. We need to know what is the correct validity of the I94 and what we can do to correct the date in the Passport.
or we can ignore the date on the passport and use the CBP website I94 as the correct date.

Please advise.

Regards
Srini
 
You’re playing with fire. You said the CBP officer specifically told her her stamp was going to be shorter than usual. The passport stamp was not a mistake.
 
Hi,

We have just found out that the I94 on the CBP website has Admit Until Date: 09/21/2018. We need to know what is the correct validity of the I94 and what we can do to correct the date in the Passport.
or we can ignore the date on the passport and use the CBP website I94 as the correct date.

Please advise.

Regards
Srini

Visit your nearest CBP Office in person. You’ll need to go with your M-I-L and her passport. CBP will reconcile the admit till date difference by either changing the stamped date on the passport to match what’s on the I-94 or update the I-94 to match what is on the passport. Be sure to go in person, so you have documented evidence, don’t just make a phone call.

Google CBP Office nearest to me to find the right CBP Office.
 
You’re playing with fire. You said the CBP officer specifically told her her stamp was going to be shorter than usual. The passport stamp was not a mistake.

I am not saying the passport stamp is a mistake. I am trying to understand which date CBP uses to determine the status and which takes precedence.
 
I am not saying the passport stamp is a mistake. I am trying to understand which date CBP uses to determine the status and which takes precedence.

And I already provided you with some information on how to confirm the actual date CBP will go by.
 
You might find this of interest, similar situation, posts 1 (describing the situation ) and 5 (with the outcome) being most relevant. Seems the CBP office will check both the passport and the computer system for comments made by the CBP entry officer and if they determine that the CBP officer on entry did intend the stay to be shorter than 6 months, they will shorten the I94 to match.

https://www.immihelp.com/forum/show...for-1-month-but-electronic-I-94-show-6-months

Be interesting to see if they follow same procedure for you - please give feedback after the office visit?
 
How long were her previous 8 visits? They could provide a clue into the CBP officer's thinking in allowing the May 5 date. I'd visit a CBP office as Sm1smom mentioned to clarify the discrepancy, but I would not blindly go for an extension. Remember, a B2 visa is for short, temporary visits.
 
How long were her previous 8 visits? They could provide a clue into the CBP officer's thinking in allowing the May 5 date. I'd visit a CBP office as Sm1smom mentioned to clarify the discrepancy, but I would not blindly go for an extension. Remember, a B2 visa is for short, temporary visits.

The previous trips vary from 2 months to 6 months and never beyond the given date in I94.
 
We went to the local CBP office today and they have corrected the date on the passport to the same date as the CBP website. Her I94 is now valid till Sep 21st, 2018 both in the passport and CBP website. Thank you, everyone, for the valuable suggestions.
 
We went to the local CBP office today and they have corrected the date on the passport to the same date as the CBP website. Her I94 is now valid till Sep 21st, 2018 both in the passport and CBP website. Thank you, everyone, for the valuable suggestions.

Great! Enjoy your M-I-L’s presence. Nothing to worry about again regarding duration of allowed stay.
 
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