Question regarding visitor visa extension

[indous]

Hi

My mom has 10 yr MUL. She came here in first week of February so that her 6 month stay would cover my son's first birthday and has got a return ticket for August first week. But on her arrival at Newark Airport, she could not mention that and she got a stamp for 3 months.

Now I need to file for an extension but I would prefer to not to wait till last minute and not to live with that unknown. So please advise on following...
1) Do you think that now giving the honest reason, 'to participate in grandson's first birthday' would be good enough? Even though she should have mentioned the same at the time of arrival and could not!
2) How soon can I and shall I file for extension?
3) As form I-539 indicates, shall I send original I-94 along with application or should I send a copy only as mentioned on immihelp.com

Any advise in the matter would be greatly appreciated.
Thanks in advance...

[immihelp]

Don't file right now. That would be too early. File 1 month before expiration.

Only copy of I-94 need to be sent. We have also provided a link from USCIS that officially confirms that. I-539 form is outdated.

[indous]

immihelp, Thanks for your response.

About when to file, everywhere it states it takes about 4 to 6 weeks to process extension application. In that case, wouldn't filing just one month before the expiration be too close?

I am concerned - what if it doesn't get processed till expiration date or till last few days before expiration...! There would be too many uncertain variables in that case and what if by any chance it comes back as denial! Then everything will be too much rush, including getting new ticket and all that OR do you mean that she should keep begs packed while we await for extension! I have heard that staying any additional day past expiration/denial can jeopardize the visa. I would prefer not to live with those uncertainties and dont want to risk my mom's 10 year Multiple entry visa.

Please let me know your thoughts/advise...
Thanks again...

[immihelp]

She can legally stay until she hears back from USCIS. If denied, she has to leave immediately else 10 year visa is invalidated.

But, at the same time, if you apply immediately after coming to US, it may be rejected.

[indous]

Thanks again immihelp

it seems that there is no choice but to live with that little bit of uncertainties.

I think we will apply after 4 to 5 weeks to make sure we have at least some time to prepare for departure (getting new ticket, etc) rather than risking her visa (if in case extension is denied). In that case, I assume that she can definitely stay till original stamped date. I mean, if denial letter is received in third week of April and her stamp is for first week of May then she can definitely stay till first week of May. Let me know if its a wrong assumption.

Also let me know if "to extend the stay to attend FIRST grand son's FIRST birthday" sounds like a good/sufficient reason. If that is not a strong reason then would "to follow-up the status of her stolen purse & carry bag, that were stolen at newark airport at the time of arrival" would be a better reasoning? Yes... thats another story and we do have police report and case #. I know all these are personal calls but we are not sure about how to increase chances of approval and I would really want her here till my son's first birthday. All your adivse would be greatly appreciated.

Also shall we mention the date of her return ticket? Per guidelines posted on immihelp, it may indicate that it was the plan to begin with and so not sure. Please advise.

Thanks a bunch...

[immihelp]

1. She can stay until the date of original I-94. You will not run into this problem as extension takes around 4 months.

2. Best reason to extend visitors visa, in my opinion, is "tour more places", west coast, cruise etc.

3. You may mention about air ticket. What will happen is subjective.

Please post your experience once you go through it.

[indous]

dear immihelp,

did you mean to say, 'usually it takes about 4 months to process visa extension applications' ?
- If that is the case then applying in last month (mid april) would anyways cover uptil August 1st. And in that case, she can probably leave on originally planned return date, August 1st, regardless of apporval or denial.
- Or even before we hear back from USCIS, if we don't get response till then. right?

In that case, besides copy of extension application, does she need to carry any additional documents with her while leaving US and entering India?

I know while leaving from here, airlines do not care much about whats on I-94 and they just take I-94. but not sure if anything has changed recently and if any USCIS procedure is introduced at the time of departure. ANd would immigration in India ask for any additional documents besides her visa, if we haven't received any letter from USCIS till her departure. Please clarify...

And yes, I will certainly share my experience once I am through all of these. Thanks.

[immihelp]

Yes, extension takes about 4 months.

India does not look at any of your US visa or extension documents. All they are concerned is Indian citizen is entering India with Indian passport.

Just give I-94 on the date of departure. And also do 'Departure Processing' if that is implemented at your airport when she leaves. You can read more about 'US-VISIT' at https://www.immihelp.com/usa-visas/visitor