Tourist Visa Filing for an Extension b1/b2

[TopGun79 0]

Hello everyone hope your sunday is going well.

Quick question my sister enter the US with a tourist visa ( b1/b2) my wife just give birth she is been helping us a lot with the

new adition to the family, I wonder if anyone has ever file for an extension pros and cons.

Some posts i read that is the aplication is denied she will punish by a 3 to 10 years fine.

Here is the other option since she enter legally me apliying for her (green card) does anyone done that.

Hope someone will help us we will really apreciated it.

Cheers

[milimelo 4,496]

You can't apply for her green card (I-485 AOS). You can apply for her I-130 if you're a USC BUT she can't overstay her visa and needs to go home to wait for her Priority Date to become current and visa number available - 12-13 years wait time.

[Done--Really 331]

You can apply for an extension -- read through the instructions.

http://www.uscis.gov/sites/default/files/files/form/i-539instr.pdf

There are no penalties if the extension is declined.

[BaronB 42]

You can apply for an extension BEFORE her B1/B2 visa runs out. A denial in this case won't result in a ban - it will just mean she needs to leave before the original date expires.

If you wait for the B1/B2 to expire she will have overstayed and will face a ban.

You cannot petition for her to get a Greencard from within the US - she must return home.

[TopGun79 0]

Thank you all, once she returns home i can do the petition since she holds a US visa she can coming to the states or she has to wait for her green card decision.

[BaronB 42]

Thank you all, once she returns home i can do the petition since she holds a US visa she can coming to the states or she has to wait for her green card decision.

She can visit on her tourist visa while her application is pending. It might make it more difficult to visit but as long as she brings strong ties to her home country when visiting she should be ok. Please note that a family Greencard for a sibling (sister/brother) takes a LONG time - more than 10 years in most cases.

[Merrytooth 5,748]

Doesn't the sister has a job to return to?

Filing tourist visa extension to help out the family, sounds like working which is not allowed under tourist visa rule.

[TopGun79 0]

She own a clothe store is manage by my mom and her.

[BaronB 42]

From the pdf link above:

If you are filing for an extension/change, you must file

your application with the original Form I-94 of each

person included in your application. In addition, you must

submit a written statement explaining in detail:

A.The reasons for your request;

B Why your extended stay would be temporary, including

what arrangements you have made to depart from the

United States; and

C. Any effect the extended stay may have on your foreign

employment or residency.

I would be careful to say I was staying to help out/ work. As the poster above said, it's not allowed on a visitor's visa.

Edited April 19, 2015 by BaronB

[Dave&Roza 748]

Hello everyone hope your sunday is going well.

Quick question my sister enter the US with a tourist visa ( b1/b2) my wife just give birth she is been helping us a lot with the

new adition to the family, I wonder if anyone has ever file for an extension pros and cons.

Some posts i read that is the aplication is denied she will punish by a 3 to 10 years fine.

Here is the other option since she enter legally me apliying for her (green card) does anyone done that.

Hope someone will help us we will really apreciated it.

Cheers

The best course of action and easiest would be to have her leave the US before her current I-94 expires, stay in Columbia for a couple of months, and then return. This is assuming she currently has a multi-year visa. Most extensions are denied as the reson for the extension is not very good. Family illness or death rise to the level of granting an extension. "Helping" out around the house does not as it can be seen as doing work. The US government is very strange about what their consider work and/or compensation. Your sister staying in your home with room and board and helping your wife with a child would be considered work and is not allowed under a tourist visa. Grandparents baby sitting would also be considered work. So unless you can find a valid reason as to why she NEEDS to stay, do not waste your time and money on filing for an extension.

Dave

Edited April 19, 2015 by Dave&Roza

[TopGun79 0]

Thanks all taking in cosidiretions leave before i94 expire.