B2 Visa extension for parents

#41
Yes, though it’s always better to have proof at least of when she left (remember there is no exit stamp) as a later denial may still have cause problems if she tries to re+enter and cannot prove she didn’t overstay. I would withdraw as a caution against this to be safe.
Can I withdraw application without responding to RFE?
 

1AurCitizen

Registered Users (C)
#42
Withdrawal of the application suggests the extension was optional and not an emergency. I-539s should only be applied for emergencies, eg medical, and not for routine stuff like more places to visit etc. There is nothing B2ey that can't be done in 6 months.

The extension and RFE stays on her record even if the i539 is withdrawn. CBP will have access to it the next time she attempts to enter the US.
 
#43
Withdrawal of the application suggests the extension was optional and not an emergency. I-539s should only be applied for emergencies, eg medical, and not for routine stuff like more places to visit etc. There is nothing B2ey that can't be done in 6 months.

The extension and RFE stays on her record even if the i539 is withdrawn. CBP will have access to it the next time she attempts to enter the US.
Thank you!
 

SusieQQQ

Well-Known Member
#44
Withdrawal of the application suggests the extension was optional and not an emergency. I-539s should only be applied for emergencies, eg medical, and not for routine stuff like more places to visit etc. There is nothing B2ey that can't be done in 6 months.

The extension and RFE stays on her record even if the i539 is withdrawn. CBP will have access to it the next time she attempts to enter the US.
I have heard of people getting it extended for more tourism purposes, but that was like a couple taking a year off and driving all over North America.

I do think withdrawing after getting an RFE makes it look a bit shady/like they were just taking a chance and now can’t support what they said, but there’s nothing to be done about that now.
 
#45
Thanks for the feedback. Unfortunately for us, everything that can be used to support the extension is under my father in law name and he passed away this February. She came to US so that she could recover emotionally with her daughter and I. We are planning to go back together towards end of year at which it will be the one year anniversary.
 

1AurCitizen

Registered Users (C)
#46
I have heard of people getting it extended for more tourism purposes, but that was like a couple taking a year off and driving all over North America.

I do think withdrawing after getting an RFE makes it look a bit shady/like they were just taking a chance and now can’t support what they said, but there’s nothing to be done about that now.
Ok, there are occasional genuine reasons besides medical if borne by facts, but all too often we have posts about i539 filings for additional tourism, or helping after childbirth, or a housewarming prayer, etc. One factor is the extension fee being less than the price of another airfare, from say, India.

Yeah the mention of a withdrawal following an RFE adds to the skepticism behind the reasoning in the first place. I'd be curious about what reason was stated for the extension.
 
#47
Ok, there are occasional genuine reasons besides medical if borne by facts, but all too often we have posts about i539 filings for additional tourism, or helping after childbirth, or a housewarming prayer, etc. One factor is the extension fee being less than the price of another airfare, from say, India.

Yeah the mention of a withdrawal following an RFE adds to the skepticism behind the reasoning in the first place. I'd be curious about what reason was stated for the extension.
I went with the most common tourism reasoning, my bad. Did not foresee these circumstances. I plan to respond to RFE with whatever I can gather, she will leave 9/23 in case a decision is not known by then, which I don't expect to. I will then request for withdrawal, stating that the decision was not known by i94 expiry date and we did not want to risk overstay. Atleast that way she does not overstay her i94 and I believe I would have taken all the steps I can. We got RFE 4 days after biometric. So I am hopeful something might be known if I respond to RFE soon enough.
 

SusieQQQ

Well-Known Member
#49
yeah, tourism as a reason when you have basically been staying with family in one place for 6 months is likely to elicit some scepticism i'm afraid.
We tend to almost always advise people against trying this in the few situations that they come to the forums before filing (rather than when they are panicking after nothing has happened for months and the i94 is about to expire.. admittedly in your case something happened, the RFE).
 
#50
yeah, tourism as a reason when you have basically been staying with family in one place for 6 months is likely to elicit some scepticism i'm afraid.
We tend to almost always advise people against trying this in the few situations that they come to the forums before filing (rather than when they are panicking after nothing has happened for months and the i94 is about to expire.. admittedly in your case something happened, the RFE).
Understood! Thank you for the advice and guidance. I just want to take steps so as to not jeopardize the future status.
 

1AurCitizen

Registered Users (C)
#51
The future status of the B2 is that the visa remains valid as long as she exits prior to i94 expiration. And she needs to be careful not to return back to the US anytime soon after having spent 6 months.
 

1AurCitizen

Registered Users (C)
#53
Immediately?

Although each entry is at CBP discretion, and they can allow, curtail, or deny entry as they wish, a general rule of thumb suggestion on this forum is to spend twice the amount of time overseas as in.
 
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