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

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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.

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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.


 

 

AOS

03/24/11 - Got married in the Boogie-Down Bronx, NYC!
04/21/11 - Mailed I-130,I-765, I-485, I-864 and I-693 - Day 00

04/23/11 - Application delivered - Day 02
04/28/11 - NOA (most forms) - Day 07
05/03/11 - Checks cashed - Day 12
05/31/11 - Biometrics completed in the Bronx, NYC - Day 40
06/24/11 - Received someone else's employment authorization card!!! What the...? - Day 64
07/01/11 - Mailed the poor lady's card back after calling USCIS - Day 71
07/07/11 - Received poor lady's interview notice! What??? - Day 77
07/15/11 - Received my own EAD card - Day 85
08/12/11 - Interview. Approved on the spot! - Day 113
08/18/11 - Received card in the mail - Day 119

ROC
05/28/13 - Mailed I-751 - Day 00

05/30/13 - Application delivered - Day 02

05/31/13 - NOA I-797 - Day 03
06/04/13 - Check cashed - Day 07

06/06/13 - NOA delivered to my home/Biometrics letter generated - Day 09

06/10/13 - Received Biometrics letter in the mail - Day 13

06/27/13 - Biometrics completed in Milwaukee, WI - Day 30

09/10/13 - Application approved! - Day 105

09/14/13 - 10 year Green Card received! - Day 109

Citizenship

05/10/16 - Mailed N-400 - Day 00

05/12/16 - Application delivered - Day 02

05/13/16 - Credit card payment accepted - Day 03

05/17/16 - Received text & email update - Day 07

05/20/16 - Received 1st NOA (dated 05/13/16) & created ELIS acct - Day 10

05/21/16 - Received 2nd NOA (dated 05/16/16) confirming my DOB and address - Day 11

05/22/06 - Biometrics scheduled (online update) and appt letter was mailed on 05/20/16 - Day 12

05/24/06 - Biometrics letter became viewable online (appt scheduled for 06/07/16) - Day 14

05/27/16 - Received Biometrics letter in mail - Day 17

05/31/16 - Was denied walk-in fingerprints with just 1 person left in line. Milwaukee office, boo! - Day 21

06/07/16 - Biometrics completed in Milwaukee, WI - Day 28

12/21/16 - Passed Citizenship test/Interview was successful! - Day 197

01/26/17 - I am a US citizen!!! - Day 233

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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

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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.

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Is this for your MIL?

When did 'they' arrive in the US?


USCIS

January 16, 2015 I-130 Mailed, Chi lockbox January 20, 2015 Priority Date, January 21, 2015 NOA1 notice date, Assigned VSC, January 23, 2015 Check Cashed, electronically March 5, 2015 NOA2

NVC

March 27, 2015 NVC received April 6, 2015 Case#, IIN# assigned April 8, 2015 Paid AOS + IV fee Invoices May 5, 2015 AOS + IV package submitted May 11, 2015 Scan Date

June 11, 2015 DS-260 submitted June 25, 2015 False checklist (for ds260).. hello? June 30, 2015 Answered checklist Aug 5, 2015 Escalated to Supervisor review Aug 13, 2015 Case Complete

Consular

Sept 10, 2015 Interview Scheduled Sept 11, 2015 P4 Letter received Sept 21, 2015 file In transit from NVC Sept 23, 2015 file at Embassy

Sept 28, 2015 Medical Oct 14, 2015 Biometrics Oct 15, 2015 Interview (Approved) Oct 19, 2015 IV visa Issued Oct 23, 2015 Passport Pickup

POE

Nov 2, 2015 Entered the US Nov 16, 2015 Applied for SSN, walk-in Nov 20, 2015 Social Security Card recd Jan 15, 2016 GC received

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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.


 

 

AOS

03/24/11 - Got married in the Boogie-Down Bronx, NYC!
04/21/11 - Mailed I-130,I-765, I-485, I-864 and I-693 - Day 00

04/23/11 - Application delivered - Day 02
04/28/11 - NOA (most forms) - Day 07
05/03/11 - Checks cashed - Day 12
05/31/11 - Biometrics completed in the Bronx, NYC - Day 40
06/24/11 - Received someone else's employment authorization card!!! What the...? - Day 64
07/01/11 - Mailed the poor lady's card back after calling USCIS - Day 71
07/07/11 - Received poor lady's interview notice! What??? - Day 77
07/15/11 - Received my own EAD card - Day 85
08/12/11 - Interview. Approved on the spot! - Day 113
08/18/11 - Received card in the mail - Day 119

ROC
05/28/13 - Mailed I-751 - Day 00

05/30/13 - Application delivered - Day 02

05/31/13 - NOA I-797 - Day 03
06/04/13 - Check cashed - Day 07

06/06/13 - NOA delivered to my home/Biometrics letter generated - Day 09

06/10/13 - Received Biometrics letter in the mail - Day 13

06/27/13 - Biometrics completed in Milwaukee, WI - Day 30

09/10/13 - Application approved! - Day 105

09/14/13 - 10 year Green Card received! - Day 109

Citizenship

05/10/16 - Mailed N-400 - Day 00

05/12/16 - Application delivered - Day 02

05/13/16 - Credit card payment accepted - Day 03

05/17/16 - Received text & email update - Day 07

05/20/16 - Received 1st NOA (dated 05/13/16) & created ELIS acct - Day 10

05/21/16 - Received 2nd NOA (dated 05/16/16) confirming my DOB and address - Day 11

05/22/06 - Biometrics scheduled (online update) and appt letter was mailed on 05/20/16 - Day 12

05/24/06 - Biometrics letter became viewable online (appt scheduled for 06/07/16) - Day 14

05/27/16 - Received Biometrics letter in mail - Day 17

05/31/16 - Was denied walk-in fingerprints with just 1 person left in line. Milwaukee office, boo! - Day 21

06/07/16 - Biometrics completed in Milwaukee, WI - Day 28

12/21/16 - Passed Citizenship test/Interview was successful! - Day 197

01/26/17 - I am a US citizen!!! - Day 233

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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

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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.

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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.

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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 by Californiansunset

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

:rolleyes:

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.


:girlwerewolf2xn: Ana (L) Felix :wub:

K1 March Filer 2016

Interview Approved August 19, 2016

POE September 25, 2016

AOS November Filer 2016

DISCLAIMER: Please excuse my ABC & Gramm@r I am not an editor...

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


“If you know the enemy and know yourself, you need not fear the result of a hundred battles. If you know yourself but not the enemy, for every victory gained you will also suffer a defeat. If you know neither the enemy nor yourself, you will succumb in every battle.”

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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.


USCIS

January 16, 2015 I-130 Mailed, Chi lockbox January 20, 2015 Priority Date, January 21, 2015 NOA1 notice date, Assigned VSC, January 23, 2015 Check Cashed, electronically March 5, 2015 NOA2

NVC

March 27, 2015 NVC received April 6, 2015 Case#, IIN# assigned April 8, 2015 Paid AOS + IV fee Invoices May 5, 2015 AOS + IV package submitted May 11, 2015 Scan Date

June 11, 2015 DS-260 submitted June 25, 2015 False checklist (for ds260).. hello? June 30, 2015 Answered checklist Aug 5, 2015 Escalated to Supervisor review Aug 13, 2015 Case Complete

Consular

Sept 10, 2015 Interview Scheduled Sept 11, 2015 P4 Letter received Sept 21, 2015 file In transit from NVC Sept 23, 2015 file at Embassy

Sept 28, 2015 Medical Oct 14, 2015 Biometrics Oct 15, 2015 Interview (Approved) Oct 19, 2015 IV visa Issued Oct 23, 2015 Passport Pickup

POE

Nov 2, 2015 Entered the US Nov 16, 2015 Applied for SSN, walk-in Nov 20, 2015 Social Security Card recd Jan 15, 2016 GC received

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