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  • visa extension question help

    My girlfriend from Poland is currently on a 6 month I-94 tourist visa. Our plan is stay for additional 6 months. I understand we have two options:

    1. Apply for a 6 month extension (I-539)
    or
    2. Return to Poland then come back to USA a few weeks later to get another 6 months I-94.

    Is number 2 possible? Or will immigration not give another 6 months?

    Regarding Number 1, if she gets the extension, is she allowed to visit Poland during the extension time for 3 weeks and the extension will still be valid upon her return to USA? Or is the extension void in such case?
    -she must stay in USA the entire time of extension for the extension to remain valid?

    Also, how can I get an official confirmation? I tried call USCIS but just got messages. How do I actually talk to someone?

    Thanks!!!!

    David

  • #2
    Originally posted by david111 View Post
    My girlfriend from Poland is currently on a 6 month I-94 tourist visa. Our plan is stay for additional 6 months. I understand we have two options:

    1. Apply for a 6 month extension (I-539)
    or
    2. Return to Poland then come back to USA a few weeks later to get another 6 months I-94.

    Is number 2 possible? Or will immigration not give another 6 months?
    2 may not work. The inspection officer can give her a shorter I-94 on return or send her back altogether.

    Regarding Number 1, if she gets the extension, is she allowed to visit Poland during the extension time for 3 weeks and the extension will still be valid upon her return to USA? Or is the extension void in such case?
    -she must stay in USA the entire time of extension for the extension to remain valid?

    Extension is extension of stay. Every time she leaves the US, she has to apply for admission like before. The only exception is if she leaves the US for short (less than 30 day) trips to Canada or Mexico.

    Also, how can I get an official confirmation? I tried call USCIS but just got messages. How do I actually talk to someone?

    Thanks!!!!

    David
    See above.
    This is my opinion and not legal advice.

    Comment


    • #3
      I-94 further question

      Thank you for your help.

      If I got the extension, would it help me for Number 2?

      Basically, although I have to get a new I-94 at the boarder, the control person will be more likely to grant another 6 month stay after he sees we already got approved to stay another 6 months? Unlike if we did not have the extension, whereas good chance would not grant another 6 month stay back to back..?

      By the way, what is the official for I-94? A person must return to home country for _____ months before is granted another 6 month I-94 visit?

      Thank you once again! Much appreciated

      David

      Comment


      • #4
        Any extension of status that is granted ends when one leaves the US. So once she leaves the US (even after approved extension of stay), it becomes immaterial. She has to apply for admission like before and since she has already stayed past 6 months (even with approval) in the past, the officer is likely to give shorter duration or deny entry.
        There is no fixed rule as to how much time visitors should spend outside before returning in order to get a full 6 month term. It is at the discretion of the inspection officer. Frequent trips, extensions within US are looked at unfavorably in this regard. As a rule of thumb, one should spend twice the time they spend in the US, outside in order to get a full 6 month term next time.
        This is my opinion and not legal advice.

        Comment

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