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Tourist visa extension for my aunt from indonesia to help take care my two babies

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  • Tourist visa extension for my aunt from indonesia to help take care my two babies

    I would like to request for a tourist visa extension for my aunt who arrived here from indonesia on Feb 17th 2013 and her current i-94 expiry on Aug 16th.
    She is here for holiday and helping me to take care my babies who are 6 months and 22 months as I need her help to take care of my young children.
    I myself here under E-3 D visa dependent from my husband who is sponsored by the company he works for.

    My aunt is above 50s and has her own business in Indonesia she is the owner and has her sons to take care of the business, therefore she has her indonesian business registration, bank statements showing enough money to support her. She never visits america before and she wants to enjoy her time off from work and at the same time helping me with my babies.

    My question here which one of the below reasons are better to increase her chance of getting visa extension: I want to ask for a 6 months extension.

    A) I need her here to help me take care my young babies and I do not want stranger person to take care of them , I want someone from my family and the same language. This is to avoid they ask why dont I hire a nanny here? and also I will support all her expenses here in return that she help me with my babies.

    B) She wants to go to more places in the USA for holiday as she was never here before and she is old already and not sure when she will be able to come back considering the distance and the number of hours she has to spend on the flights to go to america from indonesia is about 22 hours!

    I need your opinion which of the reasons above are better so to increase her chance to get an extension?

    Also, since her bank statements and business registration in Indonesian language (these have been submitted when she applied the visa first time back in Indonesia) do I need to translate to english and resubmit these documents? As translation service cost a lot! unless they can accept my own translation? because i thought they already have it on the file??
    how do i prove her financials if she is holding cash anyway?
    would my own letter of support that i will be responsible for her financials here and she is staying with me be helpful? because i dont want this letter to be sound like I am paying her for her work which is not the case?

    Please kindly advise as I really need her to be here for longer until my husband work is done. thank you so much.

  • #2
    Tourists are not allowed to work as babysitters or caretakers. That is not an acceptable reason for extension.
    This is my opinion and not legal advice.

    Comment


    • #3
      Thanks so much for your reply. much appreciated.

      The issue here is I do not pay for her helping me here just because we are family and she wants to go on holiday as well. staying with us and travel together.
      How do I prove this on my application. or i should just mention that she wants to go to other places. because it is harder to travel with babies so we have to take it slowly.

      Thank you.

      Comment


      • #4
        Extension for baby care will not be approved.

        So, she can give a reason for seeing more places and if she has more relatives here visiting them.
        Mentioning that she does not plan to come again to US due to her middle age.

        She can mention that she is staying with you as the host( your letter included )
        and will spend her own money for all her future expenses. ( show own money whichever form
        she got it here).

        Comment


        • #5
          I Called the US border security protection today and I asked her whether my aunt will get a new I-94 card if she fly to mexico instead of driving. she said that flying to mexico will be considered as a departure from us and therefore the old I-94 will be taken by the immigration officer in the airport and the airline would also record her departure. and when she re-enter the US then will be given a new I-94. She also told me to bring the return tickets etc that ties to the home country just in case this was asked when re -entering us.

          However in the visa extension section of immihelp page i read that departure to canada or mexico either by air and land will not be given a new I-94?

          Which one is correct?

          I assume since mexico and canada are both different countries shouldn't the departure be recorded then? I also heard that departure by land and air could make the difference that by air is normally be recorded as a valid departure and therefore upon return i-94 will be given for a new period of stay.

          Other than these two countries, is there any other close country that we can go? like Brazil?

          Please advise thank you very much.

          Comment


          • #6
            Originally posted by yepe View Post
            I Called the US border security protection today and I asked her whether my aunt will get a new I-94 card if she fly to mexico instead of driving. she said that flying to mexico will be considered as a departure from us and therefore the old I-94 will be taken by the immigration officer in the airport and the airline would also record her departure. and when she re-enter the US then will be given a new I-94. She also told me to bring the return tickets etc that ties to the home country just in case this was asked when re -entering us.

            However in the visa extension section of immihelp page i read that departure to canada or mexico either by air and land will not be given a new I-94?

            Which one is correct?

            I assume since mexico and canada are both different countries shouldn't the departure be recorded then? I also heard that departure by land and air could make the difference that by air is normally be recorded as a valid departure and therefore upon return i-94 will be given for a new period of stay.

            Other than these two countries, is there any other close country that we can go? like Brazil?

            Please advise thank you very much.
            30 day rule for canada and mexico;
            If you wish to spend 30 days or less in canada/mexcio, you do not surrender your I-94 at departure.
            You will be admitted back to US for the remaining time on your old I-94.

            If you do surrender it at departure or stay more than 30 days in canada /mexico, your entry back to US will be treated as a new one with a new I-94,
            but there will be questions to why you are reentering US again . Admission can be refused or I-94 can be given for a very short stay.

            I suggest , an extension application is the best bet for your aunt.
            A good immigration attorney can draft a good letter with the ext. application
            so the appl. will be approved.
            It will cost a bit, but the purpose will be served.

            Comment


            • #7
              She can in principle get a new I-94 by traveling to Canada/Mexico. She of course has to submit the current one when she leaves. But CBP is very much aware of this trick and it is possible that she may denied entry or receive a very short duration I-94 on her return. Even if she receives a full 6 month I-94 on returning this kind of frequent trips and long stay will affect her chances during future trips and Visa applications.
              This is my opinion and not legal advice.

              Comment


              • #8
                I have taken a flight to Mexico and Canada several times and all times I got a new I94. I am not sure why somebody on a visitor visa would not be issued a new I94.

                While I understand you may not get 6 months granted on re-entry, is it true that it is up to the discretion of the officer on duty? I read through the information on this forum and I understand it is recommended to file for an extension, but I am wondering if anybody has been granted an extension by flying to Mexico for few days.

                The folks visiting me only need an extension for about 15 days, and they are planning a trip to Mexico for pleasure anyway. I am prepared to file an extension officially if needed, but I would like to know what my chances are?

                Comment

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