My parents got visitor visa BUT only for two months. Can that be extended ?

[kns123]

Hi All,

My parents' visitor visa was approved and we expected to receive a 5 yr multiple entry which is what normally happens but ended up having a two months stay from the local consulate. the visa clearly says the stay is "two months" and has an expiration date as 9th May 2009. I will list my questions below

1)Does the two months start from the date of entry to the US or do they have to leave US by 9th of May whenever they entered?

2)Can we request for an extention of this kinda of visa ?

pls reply

thank you

[ramabalaji]

Your parents can enter USA on or before may 9, 2009. Their stay in USA depends on the date given in I 94 at the port of entry.
It is not advisable to ask for an extension as the VO, at the time of interview, felt that they are immgrant candidates.
It is better they stay with you one week before the date mentioned in the I 94 and leave back to their home country.
They can try their luck next time when they again apply for a new visitor visa.
Their case will be strengthened if the do not over stay in USA.
good Luck to them.

[txh1b]

1. The VO is testing if the people have any intent to immigrate. They should travel before the visa expires. The I-94 they get at POE determines how long they can stay and not the visa. Visa is just an entry document.
2. Once they travel and return back in the specified period as per the I-94, they have to reapply for the visa again when they want to come back and they might get a 5 or 10 year multiple entry visa next time.

[kns123]

thank you for ur replies. As the visa itself states "two month stay" it is very unlikely that POE officer will grant a different length of stay right? So their I-94 too will be valid for two months i guess.

I called USCIS customer service and asked about extension and they said as long as the visa category is B1/B2 they can try applying for an extension. Actually bcz of cost of air fare they do not hope to visit us over and over and thats why im trying my best to keep them with me atleast for 4-6 months before they return to my country.

and once i get my citizenship i intend to file immigrant petitions for them. So even if we try for an extension and succeed /fail i hope it does not affect our immigrant process as long as they do not over stay illegally right?

i understand that it will affect if they attempt to get a visitor visa though.

thank you

[txh1b]

That might be the reason for the short term visa. An observant POE officer can annotate an I-94 saying NO EXTENSIONS and that would not give you any chance to extend the stay.

The I-94 determines the stay, not the visa.

[ramabalaji]

You are presumig that IO at POE will give only 2 months stay. It is not so. He can give 6 months stay also. What you have to do is to make sure that they return back to home country well before the I 94 expiry date. Apply fresh visitor visa and if VO is satisfied, he will give 10 year multi visa.

[kns123]

You are presumig that IO at POE will give only 2 months stay. It is not so. He can give 6 months stay also. What you have to do is to make sure that they return back to home country well before the I 94 expiry date. Apply fresh visitor visa and if VO is satisfied, he will give 10 year multi visa.

Thank you for the reply. i made up my mind to be happy with what we got. its better than not getting the visa at all. atleast they can come and see their grand child. If the IO gives more than two months then i will keep them till it expires.

i was just concerned why the embassy mentioned "two months stay" in the visa itself which everybody says is very unusual. i thought its a kinda hint for the IO at POE not to give more than two months on I 94. but however im gonna wait and see whats gonna happen when they enter US.

thank you for all the support

[txh1b]

i was just concerned why the embassy mentioned "two months stay" in the visa itself which everybody says is very unusual. i thought its a kinda hint for the IO at POE not to give more than two months on I 94. but however im gonna wait and see whats gonna happen when they enter US.

Your concerns are very valid and that could happen. VO annotating so on the visa is in fact a note to the POE officer. If they are observant, they will get I-94 for 2 months with a no-extensions annotation on the I-94.

You need to prepare for the worst and hope for the best.

[ramabalaji]

kns123,
Hope to get your feed back on this thread when your parents arrive in USA as to how many months stay they got in I 94.