Husband Passed away FEB 2015..parents on B1 Visa and 1-94 exp SEP/15.

S

sweet78

New Member
Hi,

I hope there is some way in my situation. I lost my husband FEB this year and my parents came back with me from India in March 2015 and they have their 1-94 valid till SEP 2015 and I am planning to apply for their B1/B2 extension.
FYI - I am on GC status and planning to apply for citizenship within couple of months. My parents have 10yrs visa and it will expire AUG 2016.

Now the situation is that I want to extend their B visa and want to know couple of things
1. If I apply for their extension now and if it takes beyond SEP to hear back on the decision can they stay until the decision is made OR should they leave the US in SEP no matter what?
2. If I do not apply for their extension now can they come back in NOV/DEC 2015 or JAN 2016?
3. If I file extension now and assume it is in the process or if I hear back for a stay say 3 months or 6 months can I apply for their GC (assuming I have my Citizenship) OR is it better for them to leave the US and I apply later while they are in India?
4. I also noticed that on the 1-539 application they ask under some section to show how the applicants provide a means to support themselves and asks to show means of source, income, etc. Do I need to get a photo copies of any property, pension, other documents that my parents get from India? I am confused are they asking me or them about the means of support. I am currently not working but looking for work.

I am running out of the 45 days application period before 1-94 expires.



Thanks
Sweet78
 
1. They can stay as long as the application is pending. In fact it takes 5-6 months for them to process it so you will almost certainly not know until after September.
2. They can always try to come back any time on or before the expiration date of the visa. Whether the immigration officer will let them in and how long they will be given is up to the officer; it's impossible to say.
3. Yes, after you become a citizen they can apply for GC at any time as long as they entered legally. They should not apply for extension of B2 status with intention to file for Adjustment of Status during that time because applying for B2 status requires that they intend to leave after a short visit. With the B2 EOS application they will have to attach a statement explaining what are their plans to leave, etc., which will be lies if they do not really plan to leave.
4. Sure if you want.

There is no "45 day period". As long as the application is received before the I-94 expires, it's valid.
 
Hi Newacct...Thanks for your input. I quite did not understand the answer for the 4th Q'n that I asked. Are they asking documents to provide to show the support from my end or are they asking my parents about it? Can I just mention that in the box provided on the 1-539 form or should I get the photocopies of house value, pension, bank statements of my parents?

Also me not working will have to do anything with application of their B1/B2 status?

Thanks
sweet78
 
sweet78 said:
Hi Newacct...Thanks for your input. I quite did not understand the answer for the 4th Q'n that I asked. Are they asking documents to provide to show the support from my end or are they asking my parents about it? Can I just mention that in the box provided on the 1-539 form or should I get the photocopies of house value, pension, bank statements of my parents?

Also me not working will have to do anything with application of their B1/B2 status?

Thanks
sweet78
Click to expand...
That part is for showing they won't become dependent on the government here. Basically, who pays for your parents' living expenses while here? If they pay for it from their bank then just show the bank statements for that.
 
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