Extension of Visa receipt not yet received

V

vj25

New Member
Hi,
I have applied for mom's visa extension more than a month ago. I traced USPS receipt & the application form reached INS on April 28th..It's been more than 4-5 weeks now & we haven't received the receipt yet. Her visa is going to expire this month on 25th.
Check which I attached got posted in my bank on May 7th. I called USCIS couple of days ago & they said it usually takes 4-5 weeks to recieve the receipt for I-539 applications & if we don't receive within 45 days after filing, they asked me to call back. & I mentioned to them regarding the check got posted. They said that I can find the receipt number on the back of the check which got posted.
I looked at the back & found the receipt number & checked the status online from USCIS site & it says that they received the application on May 7th & they have posted the receipt, but it's almost a month now & we haven't received it..but as of now, it's been 4-5 weeks that they received the application.
My question is that if we don't receive the receipt before 25th of this month, with the proof of check posted by INS & the on-line receipt , can my mom stay & also she would stay here only for 2 more months until August 15th. Until then we may receive approval letter or may not.

Please advise me.
 
My 2 cents advise. Unless there is a very valid reason for extension, most requests get denied. If the extension request gets denied and the person stays beyond the I-94 date, then the visa becomes void as per 222(g). Her next visit is at the mercy of the officer at POE. There have been cases where the person was refused entry when their extension request got denied and they stayed past their original I-94 date. To make things easier for your mom on her next visit, she should leave before her original I-94 date expires. In that way all of u will have a peace of mind for her next visit
 
I think you are safe

Aprit 28th to June 25th is 58 days. If you apply for extension too early in advance, USCIS may percieve this as planned and not acting in good faith. The recommended time is 45 days in advance.

It sounds to me like you are safe since you have the receipt number. Did you provide a different mailing address and a residence address ?. If so you will need to check at both the addresses. Its most likely sent to the Residence address in the form.

Since you are able to see the status at USCIS web site, that indicates that your application is received. However the web site is not reliable when it comes to any change of the status of the case.

The fact that you have not received the receipt could also be an indication you may have issues receving the outcome of the case.

I think your mom could continue to stay here until August 15th if you believe the case is still outstanding. Try calling and checking frequently. If you do not receive the approval or denail notice by August 15th, than I advise to file for a duplicate copy of the case.

If the case is approved, make sure your mom carries the original approval notice with her on her next visit.

On the other hand if the case is denied, I would advise your mom not to return to US for an extented time, perhaps at least 6 months. If she returns too soon, she would be seen as not acting in good faith. I don't believe her Visa would be cancelled as long as you acted in good faith. 222(g) is some old legend that has never been proven.
 
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