Jump to content
TopGun79

Tourist Visa Filing for an Extension b1/b2

11 posts in this topic

Recommended Posts

Hello everyone hope your sunday is going well.

Quick question my sister enter the US with a tourist visa ( b1/b2) my wife just give birth she is been helping us a lot with the

new adition to the family, I wonder if anyone has ever file for an extension pros and cons.

Some posts i read that is the aplication is denied she will punish by a 3 to 10 years fine.

Here is the other option since she enter legally me apliying for her (green card) does anyone done that.

Hope someone will help us we will really apreciated it.

Cheers

Share this post


Link to post
Share on other sites

You can't apply for her green card (I-485 AOS). You can apply for her I-130 if you're a USC BUT she can't overstay her visa and needs to go home to wait for her Priority Date to become current and visa number available - 12-13 years wait time.


Removal of Conditions Journey

3/3/2009 - Removal of conditions - sent off packet to CSC

3/5/2009 - I-751 received in CSC

3/9/2009 - Check cashed

3/20/2009 - Biometrics notice received (no NOA1)

4/2/2009 - Biometrics

4/9/2009 - NOA1 date (first undelivered one is 3/5)

4/3/2009 - Touch?

5/6/2009 - ROC Approval - 65 days

6/22/2009 - CRIS Card production ordered email

7/7/2009 - GC arrived!

Naturalization Journey

3/03/2010 N400 sent to Arizona Lockbox

3/15/2010 Check cashed

3/17/2010 NOA1

3/18/2010 - Biometrics notice sent

3/26/2010 Early biometrics done at an ASC different from the one assigned to (Original BIO date was 4/15)

4/30/2010 Yellow letter received and info from USCIS mil line they are working on my interview letter (6/17 appt)

5/1/2010 Text and email interview letter sen

5/6/2010 Interview letter received - scheduled for 6/17/2010 at 10:05am

6/17/2010 Interview appointment - PASSED

6/29/2010 US Citizen

Share this post


Link to post
Share on other sites

You can apply for an extension -- read through the instructions.

http://www.uscis.gov/sites/default/files/files/form/i-539instr.pdf

There are no penalties if the extension is declined.

Share this post


Link to post
Share on other sites

You can apply for an extension BEFORE her B1/B2 visa runs out. A denial in this case won't result in a ban - it will just mean she needs to leave before the original date expires.

If you wait for the B1/B2 to expire she will have overstayed and will face a ban.

You cannot petition for her to get a Greencard from within the US - she must return home.

Share this post


Link to post
Share on other sites

Thank you all, once she returns home i can do the petition since she holds a US visa she can coming to the states or she has to wait for her green card decision.

She can visit on her tourist visa while her application is pending. It might make it more difficult to visit but as long as she brings strong ties to her home country when visiting she should be ok. Please note that a family Greencard for a sibling (sister/brother) takes a LONG time - more than 10 years in most cases.

Share this post


Link to post
Share on other sites

From the pdf link above:

If you are filing for an extension/change, you must file
your application with the original Form I-94 of each
person included in your application. In addition, you must
submit a written statement explaining in detail:
A.The reasons for your request;
B Why your extended stay would be temporary, including
what arrangements you have made to depart from the
United States; and
C. Any effect the extended stay may have on your foreign
employment or residency.
I would be careful to say I was staying to help out/ work. As the poster above said, it's not allowed on a visitor's visa.
Edited by BaronB

Share this post


Link to post
Share on other sites

Hello everyone hope your sunday is going well.

Quick question my sister enter the US with a tourist visa ( b1/b2) my wife just give birth she is been helping us a lot with the

new adition to the family, I wonder if anyone has ever file for an extension pros and cons.

Some posts i read that is the aplication is denied she will punish by a 3 to 10 years fine.

Here is the other option since she enter legally me apliying for her (green card) does anyone done that.

Hope someone will help us we will really apreciated it.

Cheers

The best course of action and easiest would be to have her leave the US before her current I-94 expires, stay in Columbia for a couple of months, and then return. This is assuming she currently has a multi-year visa. Most extensions are denied as the reson for the extension is not very good. Family illness or death rise to the level of granting an extension. "Helping" out around the house does not as it can be seen as doing work. The US government is very strange about what their consider work and/or compensation. Your sister staying in your home with room and board and helping your wife with a child would be considered work and is not allowed under a tourist visa. Grandparents baby sitting would also be considered work. So unless you can find a valid reason as to why she NEEDS to stay, do not waste your time and money on filing for an extension.

Dave

Edited by Dave&Roza

Share this post


Link to post
Share on other sites
 
Didn't find the answer you were looking for? Ask our VJ Immigration Lawyers.

Create an account or sign in to comment

You need to be a member in order to leave a comment

Create an account

Sign up for a new account in our community. It's easy!

Register a new account

Sign in

Already have an account? Sign in here.

Sign In Now
- Back to Top -


Important Disclaimer: Please read carefully the Visajourney.com Terms of Service. If you do not agree to the Terms of Service you should not access or view any page (including this page) on VisaJourney.com. Answers and comments provided on Visajourney.com Forums are general information, and are not intended to substitute for informed professional medical, psychiatric, psychological, tax, legal, investment, accounting, or other professional advice. Visajourney.com does not endorse, and expressly disclaims liability for any product, manufacturer, distributor, service or service provider mentioned or any opinion expressed in answers or comments. VisaJourney.com does not condone immigration fraud in any way, shape or manner. VisaJourney.com recommends that if any member or user knows directly of someone involved in fraudulent or illegal activity, that they report such activity directly to the Department of Homeland Security, Immigration and Customs Enforcement. You can contact ICE via email at Immigration.Reply@dhs.gov or you can telephone ICE at 1-866-347-2423. All reported threads/posts containing reference to immigration fraud or illegal activities will be removed from this board. If you feel that you have found inappropriate content, please let us know by contacting us here with a url link to that content. Thank you.
×