B2 Extention - Original i94 needed?

[Kraj.d 1]

Hi there,

I am planning to extend the tourist visa for my mom. I am ready to send the package today to USCIS and now I am confused on one thing. i539 instructions says we should attach the original i94 with the application and other visa sites and friends suggesting not to send the original i94. What should I do here. Can someone help me on this situation. Appreciate your help in advance.

Raj

[JohnR! 5,495]

Hi there,

I am planning to extend the tourist visa for my mom. I am ready to send the package today to USCIS and now I am confused on one thing. i539 instructions says we should attach the original i94 with the application and other visa sites and friends suggesting not to send the original i94. What should I do here. Can someone help me on this situation. Appreciate your help in advance.

Raj

Follow the instructions on the I-539 and send the original I-94, but make a copy front/back of it so that she can present it upon leaving the country if her extension gets denied.

Good luck!

[Kraj.d 1]

Thanks for your reply. Yes, I am planning to do so...

Follow the instructions on the I-539 and send the original I-94, but make a copy front/back of it so that she can present it upon leaving the country if her extension gets denied.

Good luck!

[JohnR! 5,495]

Thanks for your reply. Yes, I am planning to do so...

Just bear in mind that your mom's visa will be canceled at the moment she applies for the extension, regardless of the outcome of the request; which means that upon her return to India she will need to apply for a new visa if/when she plans to visit you again.

Also keep in mind that if her request should be denied she will have to leave the country at once, in order to avoid accumulating unlawful presence. She will not accumulate such presence as long as her application is being processed but in the event of a denial she will need to leave the country within days of receiving a response.

I wish her luck with her application!

[Kraj.d 1]

Is it so. From where you got this info.

To my knowledge, a tourist can apply for extension once and can stay up to 1 yr on a single travel.

Just bear in mind that your mom's visa will be canceled at the moment she applies for the extension, regardless of the outcome of the request; which means that upon her return to India she will need to apply for a new visa if/when she plans to visit you again.

Also keep in mind that if her request should be denied she will have to leave the country at once, in order to avoid accumulating unlawful presence. She will not accumulate such presence as long as her application is being processed but in the event of a denial she will need to leave the country within days of receiving a response.

I wish her luck with her application!

[Teddy B 17,252]

Hi there,

I am planning to extend the tourist visa for my mom. I am ready to send the package today to USCIS and now I am confused on one thing. i539 instructions says we should attach the original i94 with the application and other visa sites and friends suggesting not to send the original i94. What should I do here. Can someone help me on this situation. Appreciate your help in advance.

Raj

Where does it say to send the original copy of I-94? I don't recall seeing that. What if you are e-filing? I would never send originals of anything by mail.

[Kraj.d 1]

I539 Instructions has that information.

Where does it say to send the original copy of I-94? I don't recall seeing that. What if you are e-filing? I would never send originals of anything by mail.

[JohnR! 5,495]

Is it so. From where you got this info.

To my knowledge, a tourist can apply for extension once and can stay up to 1 yr on a single travel.

Check this link: http://travel.state.gov/visa/temp/info/info_1298.html

You are correct in that a tourist can apply for extension and stay up to 1 year, but the decision is made purely at the discretion of the USCIS. I did not mean to imply that she will not be granted an extension - each case is judged on its own merits - so much as you need to be aware of the consequences of her request not being approved. Hope for the best and plan for the worst, so that you can avoid any bad surprises.

[Teddy B 17,252]

I539 Instructions has that information.

I see that it does indeed ask for the original from B2 holders, that's nuts. Have you looked into e-filing? I cringe at the thought of sending originals of anything in the mail, especially something that important.