Mother in law b1/2 visa exit and reentry help!

[Teddy B 17,251]

We are working on her extension, but it's not submitted yet and we do need to leave the country by mid june. So does going to the Dominica count? Anything besides Canada and Mexico counts?

Right, my hubby isn't a citizen yet--he can apply in the next 6 months, but he can't petition for her yet. The only thing we can do is apply for the extension .

If you apply for the extension, it must be received by USCIS before the expiry date of your mil's I-94. You can apply for the extension on-line also here: http://www.uscis.gov/i-539. If you apply for the extension, then your mil is technically not out of status and can stay until she receives the decision from USCIS on whether or not the extension is approved, sometimes it takes up to 90 days for a decision to be rendered. If she is denied the extension, she will be given a new mandatory leave date, usually a week or two after the decision to make arrangements to leave.

That being said, most extensions are given on an emergency basis and simply wanting to spend more time with family doesn't really qualify as an emergency. Also, based on the amount of time your mil has been spending lately in the US, it may be a long time before she is allowed in again, even longer if the extension is filed because it shows some intent of wanting to be in the US rather than her home country. Filing the extension may be a legal way to buy her a little more time in the US, but it will probably cost her on the other end.

Either way if your intent is for her to come to the US permanently in the future, I would advise that your mil not overstay her visa and your husband get his citizenship as soon as he is able and file for his mother to come here.

Good Luck.

Edited May 13, 2014 by Teddy B

[aaron2020 11,651]

Even if mil gets a 6 months extension, what happens when that expires?

If the extension is denied, her visa is automatically revoked.

Next Sengalese who can't get a visitor visa can read this thread.

[Teddy B 17,251]

Even if mil gets a 6 months extension, what happens when that expires?

If the extension is denied, her visa is automatically revoked.

Next Sengalese who can't get a visitor visa can read this thread.

She's more than likely already on borrowed time, using the extension for a bit more at this point, probably wouldn't hurt all that much.

Why is her visa revoked? I've never heard that before.

[aaron2020 11,651]

She's more than likely already on borrowed time, using the extension for a bit more at this point, probably wouldn't hurt all that much.

Why is her visa revoked? I've never heard that before.

Google "visa extension denied visa revoked."

http://www.***removed***/visitor-visa-extension/visitors-visa-extension-denied.html

Edited May 13, 2014 by aaron2020

[Teddy B 17,251]

If your application for an extension of stay is approved, the approval

will relate back to the date your Form I-94 expired, and your status

during the pendency of your application will then be considered to

have been lawful.

If your application is denied, you may be required to cease

employment and depart the United States immediately.

In addition, any nonimmigrant visa in your passport granted in

connection with your classification becomes void. Once your visa is

void, you must submit any new visa application at a U.S. consulate

in your home country (not a third country, except in rare instances

as determined by the U.S. Department of State).

http://www.uscis.gov/sites/default/files/USCIS/Resources/C1en.pdf

I learned something new today.

ETA: My wife being Canadian and Canadian citizens not actually getting tourist visas, this never came up when we were looking into an extension for her.

Edited May 13, 2014 by Teddy B

[Snag 57]

CarlaV: I don't know why the box doesn't appear for me to leave you a message when quoting you...anyway, just wanted to join you on Boiler's comment...I always laugh at Boiler's comments...they are awesome!

I'll third that. Boiler's comments are witty. (So are Avery Cate's on occasion). I once knew a guy who was Welsh ("Welshy" as we affectionately called him) and his humour was very similar.

Carry on.