I-94 validity for 3months???

C

cooldude2k4

Registered Users (C)
Hi friends,
Could you help me here.

My mother-in-law has a 10year multiple entry visa issued in Dec 2007. She entered USA in Jan 08 and left in Jun 08. Again we invited her and she is here now since Nov 7, 09. But I just noticed that her I-94 is valid only till Feb 07, 10. Is this normal ? We reserved her return tickets for May 1 10. How can I handle this scenario and what are my options.

Should I apply for extension and what are the chances.

TIA.
 
The POE officer decided to give her 3 months instead of 6. This is not typical but not rare either.
As far as an extension is concerned, what is the life/death emergency justifying the extension request?


cooldude2k4 said:
she is here now since Nov 7, 09. But I just noticed that her I-94 is valid only till Feb 07, 10. Is this normal ?
Should I apply for extension and what are the chances.
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Triple Citizen said:
The POE officer decided to give her 3 months instead of 6. This is not typical but not rare either.
As far as an extension is concerned, what is the life/death emergency justifying the extension request?
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We are expecting a baby in Jan and thought she would accompany us for and reserved the tickets for May 1st. What are valid reasons that I can request for her extension. I understand that I can apply for an extensions 45 days before her I-94 expiry.
 
Triple Citizen said:
Genuine life/death emergencies. Anything that could have been addressed with a better timed initial entry is not an emergency.
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Ok, thanks for your replies. My MIL seriously has asthma last time she visited us in Jan 08 and returned in Jun 08. Can I provide this as a reason this time around and apply for EOS. She normally has tough time the first month to adjust to this weather. What is the proof in addition to this reason to be provided to uscis ( doctor's letter is required? ) I already have the return ticket for May 1st.

TIA
 
Known medical issues are NOT an emergency, and it will be assumed that she might become a public charge using emergency medical services paid for by US taxpayers. If her health is so poor that she becomes ill visiting the US, she should not do so. You should visit in her home.

The short stay was likely issued because it was felt that she was coming to do what is obviously the plan - caring for pregnant woman and/or infant. This is considered to be working illegally and is against the rules of the B2 visa program. Baby is due in Jan. Her stay is into Feb. She has plenty of time to meet her new grandchild. Staying longer is WORKING.

Her reasons for an extension are inappropriate. Reschedule her ticket; she should return to her home before the current I-94 expires.
 
In my opinion, a pre-exisiting condition appears to be a feeble attempt in order to request an EOS. Having said that, it is your call to make. Bear in mind that a denied EOS may result in 222(g) being enforced when she next visits the US.

cooldude2k4 said:
My MIL seriously has asthma last time she visited us in Jan 08 and returned in Jun 08. Can I provide this as a reason this time around and apply for EOS.
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Triple Citizen said:
In my opinion, a pre-exisiting condition appears to be a feeble attempt in order to request an EOS. Having said that, it is your call to make. Bear in mind that a denied EOS may result in 222(g) being enforced when she next visits the US.
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Ok, I might try for an extension and if it is not approved, she will be leaving as planned. when is the right time to apply for my MIL's extension ( expiring on Feb 7 2010).

BTW, I also noticed that her I-94 has B1 visa. I thought all visitors should be under B2. could this be the reason for not giving her 6mos on I-94.

TIA
 
Triple Citizen said:
Apply 45 days before her I-94 expires.
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Also, what is the minimum amount I should have for the affidavit of support. People talk about different amounts like 25-30k. my salary is above 90k/year and have the job for the last 4 yrs. I own house and 2 cars as assets and planning to show 5k in the bank. would that suffice.

I have We would like to get an extension for 3months.Is there any guidance on this financial support amount anywhere?
 
Triple Citizen said:
That is fine. Should not be a show stopper on its own.
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I am trying to fill the online application for this. The I-94 stamp says B1 class until Feb 7th 2010 and the visa says B1/B2. Can I apply online by selecting B2 class for the I-94 extension. I am planning to mail the documents today. Any help is well appreciated.
 
Triple Citizen said:
Justify the need for an extension. That is what will make/break the application.
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I have applied for the extension and the receipt date is Jan 4th 2010 and the I-94 expiry date is Feb 7th. If my mother-in-law stays in US beyond Feb 7th and gets an approval sometime in March, she would not accrue any illegal stay. I understand if the extension is rejected she has to leave the country immediately.
 
cooldude2k4 said:
I have applied for the extension and the receipt date is Jan 4th 2010 and the I-94 expiry date is Feb 7th. If my mother-in-law stays in US beyond Feb 7th and gets an approval sometime in March, she would not accrue any illegal stay. I understand if the extension is rejected she has to leave the country immediately.
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Let me guess what will happen. You will NOT get any decision till March. Your MIL leave the US and then you will get extension denial because petitioner is already out of the country. And her visa will be canceled because she overstayed I-94.
 
Triple Citizen said:
Correct
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I received an email notification last week, that my MIL's I-539 application was approved on Feb 11th. Thank you for all the support and advice.

Btw, I haven't received the approval letter in the mail yet. Typically, how long would it take for the mail. Since it was approved on the 11th, I am not sure if I have to call the Customer Service or walk in to a local office about this approval.
 
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