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Wife in India, L2 VISA going to expire in a month but water spilled.

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  • Wife in India, L2 VISA going to expire in a month but water spilled.

    This is for my wife's L2 VISA. Please find the VISA details below:

    My Wife's L2 VISA expires on 03Mar2013.

    My L1B blanket Visa expires on -03Mar2013
    My petition expires on - 03Mar2013
    I recently travelled to India and during return got my I-94 valid till 31June2014.

    My wife and kid are in India for last few weeks and my wife's L2 Visa is going to expire on 03Mar2013. (Kid born in US).
    She recently had her passport and VISA accidentally spilled with water. Her passport is now renewed. Since there is water spilled in her US Visa, we are thinking of getting her a new L2 Visa, instead of travelling to USA with a water spilled VISA.


    Please advise if my wife need to
    1) Apply for L2 Visa extension (using I-539 based on my I-94 validity)
    OR
    2) Apply for a new L2 VISA (Is this an option now because my L1-B visa and petition is going to expire in a month and only I-94 is valid)
    OR
    3) Travel with a water spilled VISA (her photo in VISA is now not very clear but all data in VISA are very clear).


    My kid's first B'day falls on end of February (hardly 3 weeks) and we don't want to miss being together as a family during that time.
    Please please provide your valuable guidance and suggestions at the earliest.

    If we need to go for option (1) above, does she need to have a VISA interview scheduled in India? If yes, what documents other than the below are required?
    (a) Passports (old and new)
    (b) Marriage certificate and marriage photos.
    (c) My I-94, VISA and passport copies
    (d) Form I-539
    (e) Do she need to fill a DS-160 form?

    Please advise.
    Last edited by PapaVisa; 02-04-2013, 04:39 AM.

  • #2
    Option 2 is right for her. 1 is extension of status for someone who is already in the US and wants to extend their status.
    This is my opinion and not legal advice.

    Comment


    • #3
      Originally posted by kabkaba View Post
      Option 2 is right for her. 1 is extension of status for someone who is already in the US and wants to extend their status.
      Thank you very much for such a quick reply.

      Option 2 is Applying for a new L2 VISA.
      Is there any risk involved with this option now because both my L1-B visa and petition are going to expire by 03Mar2013 and only my I-94 is till 31Jun2014?
      Is there any advantage of having this new L2 VISA interview done before the current visa expiry date (03Mar2013)?

      Comment


      • #4
        Originally posted by PapaVisa View Post
        Thank you very much for such a quick reply.

        Option 2 is Applying for a new L2 VISA.
        Is there any risk involved with this option now because both my L1-B visa and petition are going to expire by 03Mar2013 and only my I-94 is till 31Jun2014? --it is likely that her L2 Visa will also expire in March. She will then have to travel before Visa expiry, but her I-94 can match yours or be longer.
        Is there any advantage of having this new L2 VISA interview done before the current visa expiry date (03Mar2013)?
        -- If applied after March, it is possible that consular officer will ask you to renew your own L1 Visa as well.
        See above.
        This is my opinion and not legal advice.

        Comment

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