I-539 (extension of nonimmigrant visa)

[CitizenJ 5]

Oh nevermind. Found out about the I-134.

[Boiler 43,859]

That it is unenforceable?

[CitizenJ 5]

So just to clarify: the extension/attempted extension of this visa WILL NOT affect any of my wife's future applications for a US tourist visa?

[Boiler 43,859]

Of course it will.

But not an immigrant visa.

[JohnR! 5,495]

So just to clarify: the extension/attempted extension of this visa WILL NOT affect any of my wife's future applications for a US tourist visa?

The extension/attempted extension will remain on her file and it will be known by immigration that she extended or tried to extend her stay in the US. It will not affect a future decision on her being given a visa one way or another.

What will impact her ability to renew her tourist visa is the fact that she is married to a US Citizen. However, if you are planning to move to China, it will bode well for her, because she would have no reason to leave. She may have a harder time to get a visa if she returns back to China and you stay stateside.

[CitizenJ 5]

I see. I know that the extension wouldn't affect any future application for an immigrant visa - I just asked about the tourist visa because, since my wife and I never plan to live full time in the US, if we ever came back she'd have to get another tourist visa.

OK so I've filled out the I-539 and the I-134 applications. I've written the cover letter for form I-539, I have my bank statements and employment letter (as enclosures for form I-134), and I have a copy of my wife's I-94, visa, and passport bio page. Some websites say that I need to send in a copy of every page of my wife's passport - is that true? It doesn't seem to make any sense. Also, would I still need to send in recent paystubs and an account verification letter from my bank even though I already have the letter from my employer and my bank statements?

Direct Filing Addresses for Form I-539: http://www.uscis.gov/portal/site/uscis/menuitem.5af9bb95919f35e66f614176543f6d1a/?vgnextoid=7200ecb23683a210VgnVCM100000082ca60aRCRD&vgnextchannel=fe529c7755cb9010VgnVCM10000045f3d6a1RCRD

I guess I'd fall into the category of "all other Form I-539s" so I'd just send my form to the Dallas office. If I'm mistaken please inform me.

- Thanks

[Boiler 43,859]

Due to the time it takes to get an answer I think it is a valid tactic assuming that she has not intention of revisiting the US anytime soon.

I have seen them given for no obvious good reason, they may wonder what a Business Entrant is doing for so long in the US.

Just to remind you of my earlier comment.

You have answered the question.

[CitizenJ 5]

You have answered the question.

Which question?

[CitizenJ 5]

Wait - is a B1 visa multiple entry? If my wife and I just went to Mexico then came right back in to the US they'd give her a new I-94 right?

I read this somewhere: "As of May 1, 2010, anyone with a valid US visa does not require a visa to Mexico regardless of nationality."

[Boiler 43,859]

Nope

Which question?

Why she wants to stay.

[CitizenJ 5]

Nope

They wouldn't give her a new I-94 even if she left then re-entered the country? Why not?

Why she wants to stay.

So you want me to create a new thread for the additional questions I have?

[JohnR! 5,495]

1342745195[/url]' post='5540058']

Wait - is a B1 visa multiple entry? If my wife and I just went to Mexico then came right back in to the US they'd give her a new I-94 right?

I read this somewhere: "As of May 1, 2010, anyone with a valid US visa does not require a visa to Mexico regardless of nationality."

That certainly is a possibility but it may not work. If you simply cross into Mexico for a few days there is a possibility the CBP office, upon your return, may grant her only the remaining time on her original I-94. The purpose is to prevent what you are trying to accomplish for in the past it was used by illegal workers to circumvent their allowed stay in the US. The length of the allowed stay in the US is solely up to the discretion of the CBP officer so it would be a gamble.

[CitizenJ 5]

That certainly is a possibility but it may not work. If you simply cross into Mexico for a few days there is a possibility the CBP office, upon your return, may grant her only the remaining time on her original I-94. The purpose is to prevent what you are trying to accomplish for in the past it was used by illegal workers to circumvent their allowed stay in the US. The length of the allowed stay in the US is solely up to the discretion of the CBP officer so it would be a gamble.

Shoot, then I'm pretty sure it wouldn't work considering her and I would only stay in Mexico for about an hour (I live driving distance for the border).

I'm doing the I-539 online and it asked for "an employment letter from the employer (her employer) in support of your application"...I was afraid it would ask for that. My wife quit her job a couple of months ago...F**K

[Boiler 43,859]

That certainly is a possibility but it may not work. If you simply cross into Mexico for a few days there is a possibility the CBP office, upon your return, may grant her only the remaining time on her original I-94. The purpose is to prevent what you are trying to accomplish for in the past it was used by illegal workers to circumvent their allowed stay in the US. The length of the allowed stay in the US is solely up to the discretion of the CBP officer so it would be a gamble.

There is a possibility they might give her a new I 94.

They should give her the balance of the initial entry.

There is also a possibility that she would be refused entry, which could be inconvenient.