B2 Stay Extension for authorized stay expiring soon.. Please help

sreeleshk

Registered Users (C)
My mother who is 65 has had non immigrant B2 Visa since 2003. she was issued a 10 years B2 visa at first 2003. she visited America twice in that ten years, the first time she came was in 2003 and she stayed under 6 months, the second time she came to America was in 2012 when she stayed for 4 months. This is just to show how frequently she comes, and show that she does not over stay. After the B2 expired in 2013, my mom was granted a B2 in 2014 may (she has not been rejected Visa at any time)

My Dad, my sister and I are US Citizens, we could apply for her permanent residency/green card, but she does not wish to come to America every year and with B2 visa it works fine for her, as my mom and dad are spending their retired life in India.

My parents entered USA on the 1st of June 2014 (her B2 was issued in May 2014). They were not given an i94 (my dad as he is a USC, its not a big deal for him). It took me a while to understand that the i94/i94 details can be retrieved from the CBP website. My parents wish to leave together on the 8th of February (the return tickets are for that date) My dad being a retiree of New State (he has Medicaid, pension, social security..) had a cardiologist visit and the doctor scheduled a stress test and has recommended a angiogram/angioplasty after my dad's next appointment on the 12th of December, the procedure will be done the same week.

As they want to leave together, we are looking into filing i539 for extension of stay, since they were not given an I94 , we didn't know what was the authorization date till (we've heard that its 6 months but I thought it was just a myth, boy was I mistaken), and I just figured it out yesterday that the details of i94 can be obtained online from the CBP website, and it shows Nov 30th as her "admit till date". Now that I am looking at the form and instructions it says that it has to be filed 45 days in advance?

We will apply for the extension, but its just 10 more days for her "admit till" date, 11/30/2014. Is the medical reason for my dad enough grounds for her to get an extension or will she be penalized for over staying or is she safe till we get a notice of approval/rejection on the petition. Will she be out of status, and will her visiting visa that is valid till 2024 be cancelled? will she barred from entering America (I read about barring for 3-10 years upon staying over 6 months under a year for a 3 year bar and for 10 years bar for over staying for a year or more) she plans to over stay for approximately 70 days.

Please advise on what can be done, what can be expected, whats the most likely to happen and the worst case scenario.

Thanking you in advance
 

newacct

Well-Known Member
As long as they "receive" the I-539 on the day of or before the I-94 expires, it is properly filed and they are authorized to stay in the U.S. while it is pending. I-539 can be filed online; I am not sure how they count "received" in the case of online. If you need to mail anything, you should mail it with overnight mail.

If she stays beyond her I-94 expiration date and they didn't receive the I-539, or if they reject it and she's still here, then she would start to accrue unlawful presence, and yes, her visa will be voided. She will not get a 3 year ban unless she accrues 180 days of unlawful presence.

At the current speed of processing I-539, there is a good chance it will still be pending in 70 days. If she leaves before it is decided, she doesn't have to worry about her visa being voided or anything like that.
 

sreeleshk

Registered Users (C)
the I -539 had been shipped over nightly last Thursday and been delivered the very next day at 10:30 AM. It shows that my check has been cashed, does this mean the petition (I-539) has been accepted (am not saying the extension is granted or denied). I know that they only consider it accepted if it was filed correctly.

If an application has not been filed correctly, does the UCIS cash the checks and send the application back with directions or notation that it has not been filed correctly ?
or do they only cash the check after making sure that application is correct, and send u a notice of action, and the actual decision of denial or granting the extension comes after the processing ? (75 days or so with trends today) ?
 

USC2013

Registered Users (C)
I thought since husband is USC, wife cant obtain a B2 visa. Can you please give more details?

thanks
 

sreeleshk

Registered Users (C)
I thought since husband is USC, wife cant obtain a B2 visa. Can you please give more details?

thanks
There are no issues with obtaining a B2 if the immediate relative (spouse/kids) are US citizen. You have to convince the consulate that you do not have intentions to immigrate or stay in America, and visits not exceeding 6 months is only required, u will have to burden them with proof showing your family ties, realestate, job and anything that helps them comprehend that you would return after authorized stay.

Consular process of immigration is the preferred way to come to America as an immigrant, however you may change your mind and go for a i485 (if you qualify, as an immediate relative of a USC you qualify for change of status), and change your status to an immigrant once you are in USA , there is no one stopping you from that. whatever the aim is, as for in the eyes of the consulate you should be showing best of intentions to return and not give them a speck of a doubt that you "might" stay behind/or have immigrating intentions.
 

Lucy Furrer

Member
Staff member
the I -539 had been shipped over nightly last Thursday and been delivered the very next day at 10:30 AM. It shows that my check has been cashed, does this mean the petition (I-539) has been accepted (am not saying the extension is granted or denied). I know that they only consider it accepted if it was filed correctly.

If an application has not been filed correctly, does the UCIS cash the checks and send the application back with directions or notation that it has not been filed correctly ?
or do they only cash the check after making sure that application is correct, and send u a notice of action, and the actual decision of denial or granting the extension comes after the processing ? (75 days or so with trends today) ?
Usually they will make sure that the application is correct, and then cash the check.
 
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