Extending a Stay by a couple months, does affect re-entry sa y a year later?

[hopeful 4 XMas 19]

Say a person here on a tourist visa requested to stay a couple of months extra and after the additional three months went home and then came back a year later, would this affect the length of their stay the second time around.

I am thinking it would and they may deny entry altogether, but we are curious as know if anyone out there has any experience with a family member extending their sty by a couple fo months and then returning a year or so later.

[Cheezees 1,514]

So you have a family member who wants to extend their stay? And what do you mean by extend? Change the return date on their plane ticket? Stay beyond the maximum period their country's visa allows? Send evidence of extenuating circumstances and have the visa extended (at the consulate)?

Instead of hypothesizing, just let us know what's going on and we'll see if we can help.

[aleful 1,905]

hi

how much time did they give the person, did the person overstay?

as long as they didn't overstay, there probably won't be a problem

as always the officer at customs has the authority to deny entry

[hopeful 4 XMas 19]

They got six months upon entry and are wanting to stay longer to just to see some more sights and visit with a few more of my relatives. I told them they would have to file for an extension and change their return flights, probably at a cost. That if it were me I would return home and just come back a little sooner. it is not worth jeopardizing any future entries into the U.S.

I just thought I would pose the question and see if any has done this and see what happened upon re-entry as a result of extending the first stay beyond the six month maximum.

[KierenHby 897]

Is this for your MIL?

When did 'they' arrive in the US?

[Cheezees 1,514]

I'm doubting that your MIL's reason that she just wants to see more sights and people will be entertained. Not to mention she only just got her tourist visa and already she is oddly trying to extend the visa months from now.

[rangiputa 1]

First hand experience of this. I am on a B2 visa. I got a 6 month stamp on entry last year. At about the 5 month point I applied for a 90 day extension ( had a very good reason, my mother in law in the US was ill) . Left the US exactly at the end of the 90 days requested i.e I had been here a total of 150 days. Still had not received a reply to my application for extension when I left. Finally received reply when I was back in my own country granting the extension (5 months after application was received) I then reentered the US only 4 months later. I was a little nervous but I got another 6 month stamp no questions asked other than how long did I want to stay. I think I was lucky but it can happen. Probably helps that I have an absolutely clean record with USCIS. Have never overstayed even by a day

[Californiansunset 332]

As I applied for a B1 visa extension last year (I was doing voluntary work for a nonprofit) I looked for the consequences of an extension and researched this matter for weeks! Some things to consider:

- I read everywhere that B visa extension are approved only for very good reasons (in general they barely ever get approved). The reason you state sounds like it definitely will get denied

- an extension that is denied leads to the visa getting void... They would have to apply for a new visa the next time they want to visit you. Now they would have to probably say yes to the question that is phrased something like "Have you ever had a visa getting denied..?" It might be a red flag the next time they apply for the visa then

I would make sure to consider the consequences before you make a decision.

[Californiansunset 332]

As I applied for a B1 visa extension last year (I was doing voluntary work for a nonprofit) I looked for the consequences of an extension and researched this matter for weeks! Some things to consider:

- I read everywhere that B visa extension are approved only for very good reasons (in general they barely ever get approved). The reason you state sounds like it definitely will get denied

- an extension that is denied leads to the visa getting void... They would have to apply for a new visa the next time they want to visit you. Now they would have to probably say yes to the question that is phrased something like "Have you ever had a visa getting denied..?" It might be a red flag the next time they apply for the visa then

I would make sure to consider the consequences before you make a decision.

I forgot to add that there's kind of a grey area. If they leave before the application was denied, then they were never out of status and the visa doesn't get void and therefore wouldn't have problems in the future... That's what I was willing to risk back then, however my extension was approved anyways a few months later as I had sufficient reasons for my extended stay.

[Californiansunset 332]

First hand experience of this. I am on a B2 visa. I got a 6 month stamp on entry last year. At about the 5 month point I applied for a 90 day extension ( had a very good reason, my mother in law in the US was ill) . Left the US exactly at the end of the 90 days requested i.e I had been here a total of 150 days. Still had not received a reply to my application for extension when I left. Finally received reply when I was back in my own country granting the extension (5 months after application was received) I then reentered the US only 4 months later. I was a little nervous but I got another 6 month stamp no questions asked other than how long did I want to stay. I think I was lucky but it can happen. Probably helps that I have an absolutely clean record with USCIS. Have never overstayed even by a day

You are the second person I encounter that proves that visa extensions can get approved even if you leave the country before USCIS makes a decision. When I left the US before a decision was made from USCIS everyone told me on VJ that since I "abandoned" my application (left the US before decision was made), the application is automatically denied (however won't affect my visa as I was in status the entire time). I don't know whether "we were lucky mistakes" or whether it simply is wrong and you do can get approved even if you leave before.

Also to what you wrote that you were scared you might run into problems upon entering the US so shortly after your last 8months stay in the US: I don't know whether it is true but I've read an article before that CBP still can't retrieve info when exactly people leave. All that they see are all the dates when you enter. So technically for the B visas it's a "6months allowed in the US, afterwards you need to stay 6 months abroad"-rule. So when you went to the POE the officer only saw when you had entered the last time, which was more than 6 months ago due to you staying two months longer in the US and then you entering again 4 months after. He simply couldn't see that you had stayed 8 months on your B2 visa nor that you had entered the states so shortly after your last leave date. But even if he had seen it obviously you could've proven that your extension had been approved anyways. What also underlines the assumption that CBP can't see the leave dates of tourists is that I was told by people who frequently travel to the US because of work on the visa waiver program that they always keep their return boarding passes to show to the officer upon POE entry. If they frequently travel they always get scrutinized for constantly coming and so they show that they always just stay not longer for just a few days proving that with the boarding passes they always keep. The officer can then see that instead of them always using their 90 days they just enter for a few days, then leave, but are coming back for a few days again within or shortly after the 90 days grace period. Obviously if the CBP officers were able to see both the entry AND the leave dates, the boarding passes wouldn't be necessary as proof but yeah...

Edited August 18, 2016 by Californiansunset

[Anitafeliz 1,133]

I think your friends been here long enough to site see.

If im looking at her app shes been here 5 months in my book shes seen enough.

Another reason may be accepted if any at all.

[Boiler 43,359]

If you have no intention of revisiting any time soon then I see no harm in seeking an extension no matter what the reason.

[KierenHby 897]

OP hasn't been online since initiating the thread.. from his earlier threads, there were conflicting indications about MIL visit.. from 2 mos to 6 mos.

[JFH 12,189]

What will happen to the children she is responsible for back home? This was one of her strong ties to her home country.

[az2014 381]

So first she was coming for 6 months, then it was 2 months and now its 8 months.

Yea ok.