B2 Tourist Visa Extension

[HappyAndIKnowIt 24]

Can someone point me to an authoritative source, such as from USCIS, which specifies babysitting to not be a valid reason for an extension ?

 

My wife has filed for divorce and recently signed the required affidavit of support for her mother's extension request.  I have confirmed with USCIS that the affidavit of support affects our jointly-owned residence.  My wife will not show me the paperwork she filed, so I don't know what reason they used to justify the extension, but I do know she signed the affidavit of support.

 

I trust the information I read on this site, so I believe if USCIS learns of the true nature of the purpose of her extension, her request will be denied, visa canceled and possibly she will never be able to return to the U.S.  Since I can't cite "JohnDoeInternetPoster" as authoritative on USCIS' policy, I am seeking something from the horse's mouth so to speak.

 

 

[WeGuyGal 1,052]

Affidavit of support for another applicant's b2 extension request? 

[geowrian 22,337]

Babysitting is work. It's not allowed on B-2 status in the first place, so it would logically not be a valid reason for an extension either.

 

I'm unsure what Affidavit of Support was provided. No such thing exists for a tourist. You cannot be legally liable for the expenses of a visitor...the visitor must be responsible for their own activities. That's not to say one cannot provide housing or funds by their own discretion, but they cannot be responsible for a visitor's expenses.

[aaron2020 11,651]

This is what is going to happen.

 

Babysitting is work.  The extension will be denied because of illegally work.  The visitor visa will be revoked for a frivolous extension and violating the terms of the visitor visa by wanting to work.  

Is your wife a US citizen?  Maybe she filed to adjust her mother's status for a green card.

[aaron2020 11,651]

You're not going to find anything definitive since there are tons of different jobs and there is no way there can be an exhaustive list with a bunch of different jobs.

 

Google "babysitting tourist visa."

 

You get things like this; https://www.cleveland.com/travel/2015/08/babysitter_versus_the_border_p.html

[SusieQQQ 11,586]

This sounds very fishy. An affidavit of support for a B visa would be an I134, which is not actually enforceable.  I also wonder if she has filed AOS for her mom (is she a USC?), but if so wouldn't you need to have signed one too for any force against your property to take effect? You might want to get your lawyer on this one. Sorry for the hassle involved.

 

[Unlockable 7,315]

It sounds like the OP wants to show his wife that the "babysitting" reason for the extension is destine for a denial and the OP wants to source official links.

 

Visitor visa are commonly denied in the first place without an extremely valid reason. So she shouldn't get her hopes high on an approval. The only sources I have seen are in the news.

https://www.cleveland.com/travel/2015/08/babysitter_versus_the_border_p.html

 

But then there is a show called Border Security: America’s Front Line on Netflix. There are a few episodes where the CBP officers mention that babysitting can be perceived as work and a visitor visa is the wrong visa to do it on. the show is even mentioned on the US DHS website.

https://www.cbp.gov/slide-show-image/border-security-america-s-front-line-now-streaming-netflix

 

Other than that, there are threads of people who have been denied entry on a B2 because of childcare. 

[HappyAndIKnowIt 24]

My wife came over on a K-1.  She is currently pending Removal of Conditions processing.

 

Her mother obtained a B2 Tourist visa last summer.  She arrived in October and her I-94 date to leave was April 2, 2019, which is obviously now in the past.  They filed the I539 to Extend / Change Nonimmigrant Status a few days before the I-94 expiration.

 

As far as the application filing, everything is in order since she received a Receipt number and also an appointment for the biometrics.

 

The affidavit of support is required as part of the I-539 filing.

[aaron2020 11,651]

5 minutes ago, HappyAndIKnowIt said:

My wife came over on a K-1.  She is currently pending Removal of Conditions processing.

 

Her mother obtained a B2 Tourist visa last summer.  She arrived in October and her I-94 date to leave was April 2, 2019, which is obviously now in the past.  They filed the I539 to Extend / Change Nonimmigrant Status a few days before the I-94 expiration.

 

As far as the application filing, everything is in order since she received a Receipt number and also an appointment for the biometrics.

 

The affidavit of support is required as part of the I-539 filing.

Seems like your soon to be ex-wife has a plan.  Keep mom around until she can get US citizenship and file to adjust mom's status.

 

 

Edited April 16, 2019 by aaron2020

[Boiler 45,670]

4 minutes ago, HappyAndIKnowIt said:

The affidavit of support is required as part of the I-539 filing.

Nope, and if she used babysitting as the reason not going to be approved anyway.

[Unlockable 7,315]

4 minutes ago, HappyAndIKnowIt said:

My wife came over on a K-1.  She is currently pending Removal of Conditions processing.

 

Her mother obtained a B2 Tourist visa last summer.  She arrived in October and her I-94 date to leave was April 2, 2019, which is obviously now in the past.  They filed the I539 to Extend / Change Nonimmigrant Status a few days before the I-94 expiration.

 

As far as the application filing, everything is in order since she received a Receipt number and also an appointment for the biometrics.

 

The affidavit of support is required as part of the I-539 filing.

Yeah, this was poor planning. So MIL's ability to be able to travel back to the US is now relying on whether or not the extension is approved. Does she know that if it is denied then your MIL will have accrued overstay of her visa, thus making it possible for her to lose it?

[Roel 7,192]

Just now, Boiler said:

Nope, and if she used babysitting as the reason not going to be approved anyway.

Yeah I wonder if they actually did put that as a reason. Or did they come up with something else and lied. 

[HappyAndIKnowIt 24]

3 minutes ago, Unlockable said:

It sounds like the OP wants to show his wife that the "babysitting" reason for the extension is destine for a denial and the OP wants to source official links.

 

Visitor visa are commonly denied in the first place without an extremely valid reason. So she shouldn't get her hopes high on an approval. The only sources I have seen are in the news.

https://www.cleveland.com/travel/2015/08/babysitter_versus_the_border_p.html

 

But then there is a show called Border Security: America’s Front Line on Netflix. There are a few episodes where the CBP officers mention that babysitting can be perceived as work and a visitor visa is the wrong visa to do it on. the show is even mentioned on the US DHS website.

https://www.cbp.gov/slide-show-image/border-security-america-s-front-line-now-streaming-netflix

 

Other than that, there are threads of people who have been denied entry on a B2 because of childcare. 

Nah. Not my purpose.  I've tried to tell her.  She doesn't listen.

 

She filed for divorce and her plan for the caretaking of our baby is for her mother to take care of him while she works instead of me, as I work at home.  It's a ridiculous plan, but I am hoping for definitive proof for the Court, since they are not experts on immigration law.  It seems the processing of this extension request will likely take months.

 

I do not know what reason / excuse they put in the application because she won't let me see it.  Because she put our joint property on the line for her elderly mother without health insurance, I am doing what I can to protect myself and our relatively newborn baby.

[Unlockable 7,315]

1 minute ago, HappyAndIKnowIt said:

Nah. Not my purpose.  I've tried to tell her.  She doesn't listen.

 

She filed for divorce and her plan for the caretaking of our baby is for her mother to take care of him while she works instead of me, as I work at home.  It's a ridiculous plan, but I am hoping for definitive proof for the Court, since they are not experts on immigration law.  It seems the processing of this extension request will likely take months.

 

I do not know what reason / excuse they put in the application because she won't let me see it.  Because she put our joint property on the line for her elderly mother without health insurance, I am doing what I can to protect myself and our relatively newborn baby.

There is no need for definitive proof needed. A visitor visa is a privilege. they can deny a visitor visa without prejudice/reason. that should be enough to warrant not abusing it but, alas... there she is.

[aaron2020 11,651]

You live in California. How did you take title to your property?  Community property or regular joint ownership?