Best way to extend to stay in the USA.

[fcoj 0]

Hi everyone,

I am an Italian citizen and have been living in the US for 5 months. My B2 VISA is due to expire for this year as soon as I'll reach 6 month been in the US.

My partner moved in the US for work at the beginning of March 2013. I moved a month later with our child (3 years old).

I'm not working right now but I'm applying for a work and it should all be fine before the end of the year.

Is there a way to extend my stay in the US?

As I live in Minnesota, is it possible to go to Canada and than come back to US a few days later, after requesting an ESTA (Electronic System for Travel Authorization) in order to stay in US for another 90 days?

Is there any other way to continue to stay here as with the arrival of winter, my family will need more my support.

During this period, the new company should be able to submit the request of a new VISA for me.

Many thanks in advance for your help.

Bye,

Massimo

[Harsh_77 716]

There is no derivative status for partner, either you need your own visa or you have to be married to be on spousal visa.

B1/2 cannot be extended coz your partner is living in US and VWP cannot be extended by visiting Canada or Mexico.

[Cathi 5,618]

Hi everyone,

I am an Italian citizen and have been living in the US for 5 months. My B2 VISA is due to expire for this year as soon as I'll reach 6 month been in the US.

My partner moved in the US for work at the beginning of March 2013. I moved a month later with our child (3 years old).

I'm not working right now but I'm applying for a work and it should all be fine before the end of the year.

Is there a way to extend my stay in the US?

As I live in Minnesota, is it possible to go to Canada and than come back to US a few days later, after requesting an ESTA (Electronic System for Travel Authorization) in order to stay in US for another 90 days?

Is there any other way to continue to stay here as with the arrival of winter, my family will need more my support.

During this period, the new company should be able to submit the request of a new VISA for me.

Many thanks in advance for your help.

Bye,

Massimo

living in the US using the VWP is illegal and if you overstay you will lose the option of the VWP. It is very obvious you are living here and not just visiting. Visiting Canada or Mexico and returning won't work...the US figured out long ago people were doing that and put a stop to it.

[fcoj 0]

Thank you very much for your answers.

So first I have to regularize my status with a new VISA (one that allows me to stay in the US for working) and than I can come back.

Massimo

[SBB 74]

A B-2 visa is for "visiting" the US, not "living" there.

[Teddy B 17,251]

If your partner is here on a valid work visa, you may be eligible to extend your stay under the B2 cohabiting partner status. You can read about it here. http://www.uscis.gov/USCIS/Laws/Memoranda/2011/August/Cohabitating_Partners_PM_081711.pdf

Even if you do not qualify as a cohabitating partner, you can still file form I-539 requesting an extension for your B2 visa. You can find the information for the I-539 form here. http://www.uscis.gov/portal/site/uscis/menuitem.5af9bb95919f35e66f614176543f6d1a/?vgnextoid=94d12c1a6855d010VgnVCM10000048f3d6a1RCRD&vgnextchannel=db029c7755cb9010VgnVCM10000045f3d6a1RCRD

You'll want to get your paperwork in soon, seeing your 6 months is almost up.

Good Luck.

[Boiler 43,666]

I'm not working right now but I'm applying for a work and it should all be fine before the end of the year.

You have a qualifying job offer from a non profit?

[Darnell 8,478]

if yer partner is NOT here on a H-1 B visa,

then is big possibility to file for an adjustment of status on you, nowish.

Why? F2A case types are current, but, file now.

[Darnell 8,478]

oh - forgot one bit.

there is no green card for a 'partner'. must show proof of legal marriage when filing.

Edited September 13, 2013 by Darnell

[fcoj 0]

You have a qualifying job offer from a non profit?

Not jet, we just have a contact and I'm "working" to get a job offer. It should take one month.

[fcoj 0]

if yer partner is NOT here on a H-1 B visa,

then is big possibility to file for an adjustment of status on you, nowish.

Why? F2A case types are current, but, file now.

My partner is here with a E2 visa. Our son has E2 visa from the mom.

[britishdakota 18]

Not jet, we just have a contact and I'm "working" to get a job offer. It should take one month.

You have an employment contract and you're "working" to get a job offer while on a B2....it doesn't even sound like you're status now so extending is not going to happen.

If you get a job offer what will you do? From the sounds of it you have no work authorization anyway.

Edited September 14, 2013 by britishdakota

[fcoj 0]

Hi everyone,

the hope was quite gone when two days ago my request was approved!

Now I was wondering which should be the next step. From USCIS website there is nothing to print as confirmation. I have understood that I have to wait that papers are sent to my US address. After that I'll ask my partner to send all papers in Italy so I can come back carrying the papers with me.

My request was to extend my non immigrant status until 12/31/2014. As my request was approved (I'll verify as soon as I can read the papers), does it means that I can buy a ticket with a returning flight on the 12/31/2014?

Thank you,

Massimo

[milimelo 4,237]

Moot point as you left the country apparently.

Get a proper visa before you return to the US.

[Boiler 43,666]

The application you filed was to extend your status at the time, now that you have left it ceased to be relevant.

Did you get the work visa?