I-539 (extension of nonimmigrant visa)

[Gosia & Tito 199]

The lawful stay doesn't restart by entering Canada(or any other country) and then going back to US.

Guess there is something to learn here.

My logic was that person leaves country, surrenders I-94 at departure, re-enters later (assuming a multiple entry) and then gets new I-94, which resets the clock. Of course, also assuming that actual visa has sufficient time (say it was a 1 year, to expire in Jan of next year).

I know many people who has done that, not to 'overstay' but couple went to Caribbean (from the US), then return to the US for a few days, maybe a week, then he/she departs to his/her country while the USC stays. The original return ticket was from US so there is no other way that to return to the US to be able to return home.

[JohnR! 5,495]

1342061503[/url]' post='5517893']

Guess there is something to learn here.

My logic was that person leaves country, surrenders I-94 at departure, re-enters later (assuming a multiple entry) and then gets new I-94, which resets the clock. Of course, also assuming that actual visa has sufficient time (say it was a 1 year, to expire in Jan of next year).

I know many people who has done that, not to 'overstay' but couple went to Caribbean (from the US), then return to the US for a few days, maybe a week, then he/she departs to his/her country while the USC stays. The original return ticket was from US so there is no other way that to return to the US to be able to return home.

When you leave for Canada or Mexico and some Caribbean countries, the US does not collect your I94 unless you are flying back home straight from that country. When you return to the US you do so with the originals I94 so the original date of departure still applies.

Furthermore, what is risky is that if you enter the US after a brief stay outside, chances are you will be sent to secondary inspection to ensure you're not doing so just to get another 6 months.v with that you need to prove you have a valid reason to be returning to the US so soon after your departure. It is a risky proposition, and IMHO one not worth running.

[Boiler 43,636]

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.

Edited July 12, 2012 by Boiler

[CitizenJ 5]

If your application for extension is denied after your previously approved stay has expired and you are still in the United States, you will be considered “out of status” as of the date your original period of stay expired.

What's scary about this is that it makes it sound like the person applying for the extension will get in trouble if their petition is denied after their I-49 expires. It sounds like they're basically saying "If you're I-49 expires while your petition is still pending it's OK to stay in America until a decision is made...unless the petition is rejected in which case you'll get in trouble for overstaying your visa." What? That makes no sense.

[JohnR! 5,495]

1342129559[/url]' post='5519663']

What's scary about this is that it makes it sound like the person applying for the extension will get in trouble if their petition is denied after their I-49 expires. It sounds like they're basically saying "If you're I-49 expires while your petition is still pending it's OK to stay in America until a decision is made...unless the petition is rejected in which case you'll get in trouble for overstaying your visa." What? That makes no sense.

Yes, what's they're saying is that if your petition is denied you must leave the country immediately. She will not get in trouble if she complies with these rulings.

[CitizenJ 5]

She will not get in trouble if she complies with these rulings.

I see. Thanks for the advice.

The I-539 form asks "Have you ever done anything that violated the terms of the nonimmigrant status you now hold?". Well me and my girlfriend got married about a week ago...now we had no intention of marrying each other when she came here so technically she hasn't violated the terms of her nonimmigrant status but would me and her having gottan married make it harder for the I-539 to be approved? Or even worse: would it get her in serious trouble? (Like I said, we had no intention of getting married when she came here so I'm almost positive she wouldn't get in to trouble - I just want to make sure before I state of the form that she hasn't done anything to violate her nonimmigrant status. I don't want to accidentally lie).

Thanks

[VanessaTony 3,567]

I see. Thanks for the advice.

The I-539 form asks "Have you ever done anything that violated the terms of the nonimmigrant status you now hold?". Well me and my girlfriend got married about a week ago...now we had no intention of marrying each other when she came here so technically she hasn't violated the terms of her nonimmigrant status but would me and her having gottan married make it harder for the I-539 to be approved? Or even worse: would it get her in serious trouble? (Like I said, we had no intention of getting married when she came here so I'm almost positive she wouldn't get in to trouble - I just want to make sure before I state of the form that she hasn't done anything to violate her nonimmigrant status. I don't want to accidentally lie).

Thanks

Ahhh so you and your WIFE want to extend your WIFE'S non-immigrant status. You need to stop calling her your gf, she's your WIFE and this changes a lot and I don't know why you don't put "we recently got married and would like extra time to visit with my US spouses family and have a honeymoon before returning to my home country" which it appears NOW that's what your aim is.

In my opinion it's unlikely they'll even accept her application for extension once they see you're married but hey, go ahead and try.

Your main issue is you KNOW (or assume) it will be denied. According to some links I found using this search after denial she will have trouble applying for any other visa except an immigrant one as she'll be considered a visa overstayer, regardless of the application for extension. Her current visa will be voided (if she has a multiple entry visitor visa for example it will be cancelled) and she needs to leave immediately.

I personally wouldn't risk her status.

[JohnR! 5,495]

I see. Thanks for the advice.

The I-539 form asks "Have you ever done anything that violated the terms of the nonimmigrant status you now hold?". Well me and my girlfriend got married about a week ago...now we had no intention of marrying each other when she came here so technically she hasn't violated the terms of her nonimmigrant status but would me and her having gottan married make it harder for the I-539 to be approved? Or even worse: would it get her in serious trouble? (Like I said, we had no intention of getting married when she came here so I'm almost positive she wouldn't get in to trouble - I just want to make sure before I state of the form that she hasn't done anything to violate her nonimmigrant status. I don't want to accidentally lie).

Thanks

First of all, congratulations!

That she got married to you does not change anything. She is still here with a tourist visa and as a tourist, even though she is married to you. She can still file the I-539. I do not want to 'guess' what her reasons for extending her stay, so it will all depend on what she states in the I-539. In legal matters is it not what you say, so much as how you package it, that matters. Repeating once again, the mantra of this thread, 'lying to immigration is bad', so make sure that she is truthful in her petition all the while being careful with her words so that whoever processed her request does not get the wrong impression, and she does not come across as trying to cheat. For better or worse our immigration officers are naturally suspicious.

I am not sure what your plans for the future are, but at this point, it all hinges on your intentions, in other words, if she has no plans of leaving the US and you are planning to initiate her Adjustment of Status based on your marriage, that will preclude the need for an extension of her visa obviously, because she would be moving from 'non immigrant' to 'immigrant' status. What is deemed illegal, is for someone to enter the US as a tourist with plans to immigrate. Since you had no intention of marrying when she arrived, you are not committing fraud. If you are not planning to adjust her status while she is here in the US, then there is no fraud suspicion even, for it is not illegal to enter as a tourist, get married and return to one's home country.

Best of luck!

[CitizenJ 5]

Ahhh so you and your WIFE want to extend your WIFE'S non-immigrant status. You need to stop calling her your gf, she's your WIFE and this changes a lot

Oh sorry. We just got married about a week ago so I keep mis-typing.

and I don't know why you don't put "we recently got married and would like extra time to visit with my US spouses family and have a honeymoon before returning to my home country" which it appears NOW that's what your aim is.

Well that's what me and my wife have recently been talking about putting. We just weren't sure if we'd get in trouble for revealing we got married - hence the question.

I do not want to 'guess' what her reasons for extending her stay, so it will all depend on what she states in the I-539.

Well the truth is that I need to stay in America longer just to take care of some things (buy a house in America, work an extra few weeks at my job to save up some extra money before I go to China, move all of my stuff out of my mom's house before she sells her house (I just finished college)). My wife and I just don't want to be separated so we want her to stay here with me while I'm taking care of everything. I know what you're going to say: "just say that" but the reason I wasn't getting at this stuff before is because I didn't want to admit to immigration that she has a relationship over here which I didn't know was OK for us to mention (and thought that even if it was OK for her to mention that she had a serious relationship over here that the idea in itself (her wanting to stay an extra couple of weeks with me) was so ludicrous that immigration might get upset that she even mentioned it). I mean I didn't want to get her barred from America or anything for admitting something that she wasn't supposed to. I know it sounds silly to think she'd get in trouble for admitting somthing so small but I thought it was better to be safe than sorry.

I am not sure what your plans for the future are, but at this point, it all hinges on your intentions, in other words, if she has no plans of leaving the US and you are planning to initiate her Adjustment of Status based on your marriage, that will preclude the need for an extension of her visa obviously, because she would be moving from 'non immigrant'

Ya, that's what I was researching at first but I learned that if she got an AOS she'd be required to stay in the US full time which doesn't fit our future plans.

http://www.visajourney.com/forums/topic/376967-how-can-i-keep-my-new-foreign-wife-in-the-us-for-another-couple-of-months/

Edited July 15, 2012 by CitizenJ

[JohnR! 5,495]

1342377517[/url]' post='5527138']

Well the truth is that I need to stay in America longer just to take care of some things (buy a house in America, work an extra few weeks at my job to save up some extra money before I go to China, move all of my stuff out of my mom's house before she sells her house (I just finished college)). My wife and I just don't want to be separated so we want her to stay here with me while I'm taking care of everything. I know what you're going to say: "just say that" but the reason I wasn't getting at this stuff before is because I didn't want to admit to immigration that she has a relationship over here which I didn't know was OK for us to mention (and thought that even if it was OK for her to mention that she had a serious relationship over here that the idea in itself (her wanting to stay an extra couple of weeks with me) was so ludicrous that immigration might get upset that she even mentioned it). I mean I didn't want to get her barred from America or anything for admitting something that she wasn't supposed to. I know it sounds silly to think she'd get in trouble for admitting somthing so small but I thought it was better to be safe than sorry.

It seems to me that she would like to stay some extra time with her husband, who is currently in the US so that she an return to China with him in a few months. Is that the case or did I get it wrong ?

[canadian_wife 1,791]

Quick (unrelated question) do you intend to move back to the US with your wife permanently?

Good luck

[CitizenJ 5]

It seems to me that she would like to stay some extra time with her husband, who is currently in the US so that she an return to China with him in a few months. Is that the case?

Yes, exactly. So you think that nothing would be wrong with saying that correct? The only reason I was cautious about saying that at first is because I was hesitant to point out to immigration that she got married under her tourist visa. I knew that, because she had no intention of doing so, it was totally legal for her to get married on a tourist visa but for some reason I was still nervous about admitting it.

Quick (unrelated question) do you intend to move back to the US with your wife permanently?

Good luck

We're unsure about that. It's something we've been discussing. There's a much better chance of us living in China permanently than living in the US permanently though.

Edited July 16, 2012 by CitizenJ

[JohnR! 5,495]

Yes, exactly. So you think that nothing would be wrong with saying that correct? The only reason I was cautious about saying that at first is because I was hesitant to point out to immigration that she got married under her tourist visa. I knew that, because she had no intention of doing so, it was totally legal for her to get married on a tourist visa but for some reason I was still nervous about admitting it.

I don't think there is anything wrong with that because not only it is true, but also makes sense. There is never a guarantee that a request for extension will be granted, but it would not make any sense not to grant her an extension. The one and main factor for denying these extensions is the presumption the petitioner presents a risk of staying in the country, but in your case, if your wife wanted to stay in the US, she would not need to do so illegally. If she wanted to stay, she could just as well file for her AOS instead of asking for an extension as a tourist.

[CitizenJ 5]

I don't think there is anything wrong with that because not only it is true, but also makes sense. There is never a guarantee that a request for extension will be granted, but it would not make any sense not to grant her an extension. The one and main factor for denying these extensions is the presumption the petitioner presents a risk of staying in the country, but in your case, if your wife wanted to stay in the US, she would not need to do so illegally. If she wanted to stay, she could just as well file for her AOS instead of asking for an extension as a tourist.

I see. What you say makes perfect sense. Thanks so much for all your help. I really appreciate it.

Edited July 16, 2012 by CitizenJ

[CitizenJ 5]

The online instructions make it seem like it's almost mandatory to have a return plane ticket booked...that makes things kind of complicated. I know if my wife was supporting herself she'd have to send in her bank statements but since she's being supported by a USC (me) would bank statements still need to be sent in with the I-539?

Edited July 17, 2012 by CitizenJ