Visiting visa extension delay questions.

[woow14610]

Hi...

My mother in law is coming here in Early September as my wife is pregnant for our babies birth. We might have to extend my wife's moms visa beyond 6 months as my wife need help with the baby. So the questions I have is following,

1. Once we apply for the extension what if the decision take longer time 1-94 allowed time?
a. Can she stay here until the decision is made?
b. What if they reject the extension? Does she fall under overstay? How long does she have to leave the country?

2. What is the best way to handle the Air Ticket?
a. If I change the Air ticket before applying to show as an evidence of her temp stay? What if the extension get denied? Change it back again?
b. Is it OK to wait for the decision to make the Air ticket change?

3. How early could I apply for the extension?

Appreciate the help.

Thanks.

[Nattybone]

Hi...

My mother in law is coming here in Early September as my wife is pregnant for our babies birth. We might have to extend my wife's moms visa beyond 6 months as my wife need help with the baby. So the questions I have is following,

1. Once we apply for the extension what if the decision take longer time 1-94 allowed time?
a. Can she stay here until the decision is made?
b. What if they reject the extension? Does she fall under overstay? How long does she have to leave the country?

2. What is the best way to handle the Air Ticket?
a. If I change the Air ticket before applying to show as an evidence of her temp stay? What if the extension get denied? Change it back again?
b. Is it OK to wait for the decision to make the Air ticket change?

3. How early could I apply for the extension?

Appreciate the help.

Thanks.

Hello, Woow14610.

Please be careful with this extension application. Please find my thoughts on your queries below:
1. Once we apply for the extension what if the decision take longer time 1-94 allowed time?
a. Can she stay here until the decision is made?
b. What if they reject the extension? Does she fall under overstay? How long does she have to leave the country?

Once you have filed for an extension, the extension petition earlier used to act as like an in between status. Now things have changed, i have heard. Should her extension petition not get decided till her I-94 date, i personally would suggest to not make her stay beyond the I-94.

Earlier, one could stay beyond I-94 date in case an extension petition or some other Change of Status petition was filed. Later on, after the I-94 date, if the petition to extend is denied, then the applicant was required to immediately leave the country. This is considered overstay. I read somewhere (Forum member Peace999 had mentioned) that now this leads to visa cancellation, straightaway. Earlier, one was still allowed to enter the country next time if the petition application and denial notice were furnished to the Port of Entry officer on the next visit.

2. What is the best way to handle the Air Ticket?
a. If I change the Air ticket before applying to show as an evidence of her temp stay? What if the extension get denied? Change it back again?
b. Is it OK to wait for the decision to make the Air ticket change?

Changing of ticket does not impact the extension decision. The ticket can be changed as per your convenience. The airlines charge a fee. Some airlines allow keeping the ticket on simple hold status without a fixed date. Some airlines do not, they would want a fixed departure date when you call to change. In any situation, a fee will be charged by the Airline.

3. How early could I apply for the extension?

If you file for extension too soon, it might be viewed as a pre-meditated move. If you file too late, you risk nearing the I-94. Best would be, if the decision for extension comes before I-94 expiration. So, i would say one could file around after 45-60 days of coming to USA (assuming a 6 month stay is granted).

Hope this helps. Personal opinion.

Wishing you luck.

[woow14610]

Hello, Woow14610.

Please be careful with this extension application. Please find my thoughts on your queries below:
1. Once we apply for the extension what if the decision take longer time 1-94 allowed time?
a. Can she stay here until the decision is made?
b. What if they reject the extension? Does she fall under overstay? How long does she have to leave the country?

Once you have filed for an extension, the extension petition earlier used to act as like an in between status. Now things have changed, i have heard. Should her extension petition not get decided till her I-94 date, i personally would suggest to not make her stay beyond the I-94.

Earlier, one could stay beyond I-94 date in case an extension petition or some other Change of Status petition was filed. Later on, after the I-94 date, if the petition to extend is denied, then the applicant was required to immediately leave the country. This is considered overstay. I read somewhere (Forum member Peace999 had mentioned) that now this leads to visa cancellation, straightaway. Earlier, one was still allowed to enter the country next time if the petition application and denial notice were furnished to the Port of Entry officer on the next visit.

2. What is the best way to handle the Air Ticket?
a. If I change the Air ticket before applying to show as an evidence of her temp stay? What if the extension get denied? Change it back again?
b. Is it OK to wait for the decision to make the Air ticket change?

Changing of ticket does not impact the extension decision. The ticket can be changed as per your convenience. The airlines charge a fee. Some airlines allow keeping the ticket on simple hold status without a fixed date. Some airlines do not, they would want a fixed departure date when you call to change. In any situation, a fee will be charged by the Airline.

3. How early could I apply for the extension?

If you file for extension too soon, it might be viewed as a pre-meditated move. If you file too late, you risk nearing the I-94. Best would be, if the decision for extension comes before I-94 expiration. So, i would say one could file around after 45-60 days of coming to USA (assuming a 6 month stay is granted).

Hope this helps. Personal opinion.

Wishing you luck.

Nattybon. Thank you. What a comprehensive and great way to answer. Thanks for your kindness. I will do as you have suggested.

I was also thinking maybe to provide a letter to the mother in law to provide at the POE requesting 6 months or more. I have read that sometimes POE provides 9 months. Your thoughts?

[travel2usa]

Please refer to this document from USCIS, it will answer all your queries:

http://www.uscis.gov/sites/default/files/USCIS/Resources/C1en.pdf

Overstaying I94 is allowed up to 180 days (provided you have filed extension before original I94 expiry)... confirmed multiple times with USCIS helpline.
However, if there is a denial of extension, you are out of status and the visa is void as per rule. No doubt there.

Now whether they will enforce the rule, I have found several instances on the net where people were allowed to enter on the same visa.
Haven't seen a case where they were denied entry due to a previous I94 extension reject.

Anyway, extension is taking 3-4 months these days, so in your case you will definitely be overstaying I94, should you choose to apply for extension.

[Nattybone]

Nattybon. Thank you. What a comprehensive and great way to answer. Thanks for your kindness. I will do as you have suggested.

I was also thinking maybe to provide a letter to the mother in law to provide at the POE requesting 6 months or more. I have read that sometimes POE provides 9 months. Your thoughts?

Hello, Woow14610.

I am not sure about this one, but you could try and see if someone on this forum is aware of this. What i have also heard is, one, especially mothers, should be careful when they are travelling to US for helping out during their child's pregnancy. The officers at the Port of Entry could object to this as professional help for an expecting mother is available in the US, and if the mother intends to help with taking care of the daughter then it could be considered as working while on a tourist visa. So, this is a little tricky. End of the day, it is their country, they makes the rules and they need to be convinced. I am just sharing some thoughts so that we are careful while answering the questions posed by the POE officer.

Sorry could not be of more help.

Wishing you luck.

Cheers,