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HappyAndIKnowIt

Extension of Stay Past 12 months

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Filed: K-1 Visa Country: Ukraine
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20 minutes ago, Boiler said:

Let her rebook her own plane ticket, not sure why she is bothered as it seems unlikely she is going home.

Yeah, she asked for my help to re-book because she can't manage to do the most basic things for herself.  I checked whether the original flight was refundable, which it isn't, but I told her she would have to get her mom's flight home herself.

 

I know the reason she wanted to re-book the flight, or purchase the ticket, is to show USCIS the intent to return.  I pointed out that it will be less effective proof the more she re-books, but it is lost on her.

 

I can't understand an attorney doing this, unless either we are all missing something.

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Filed: K-1 Visa Country: Wales
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So she wants you to buy a new ticket, why would you?

 

Lawyer is doing it because he is being paid to do it.

“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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Filed: K-1 Visa Country: Ukraine
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Just now, Boiler said:

So she wants you to buy a new ticket, why would you?

 

Lawyer is doing it because he is being paid to do it.

She thinks I would do it to be helpful.  Her reason for me to do it is either she doesn't know how to do it herself or she wants to argue that "see, you even booked her new flight, so you are ok with it".  During our marriage, I did nearly everything for her because she lacked confidence to do anything.  It is one small part of the reason I don't want her responsible for raising my child.

 

At first she thought we could refund the original flight, but we can't.  So she has to come up with the $1,000, not to mention what is about $1,000 for the I539 filing fee and attorney fee.  I think she would just be better off to not book the flight, but maybe her attorney is requiring it, but again... why ?  It's hardly going to prove anything, since she has already invalidated the intent requirement on the first "still pending" I539.

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Filed: K-1 Visa Country: Wales
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12 minutes ago, HappyAndIKnowIt said:

She thinks I would do it to be helpful.  Her reason for me to do it is either she doesn't know how to do it herself or she wants to argue that "see, you even booked her new flight, so you are ok with it".  During our marriage, I did nearly everything for her because she lacked confidence to do anything.  It is one small part of the reason I don't want her responsible for raising my child.

 

At first she thought we could refund the original flight, but we can't.  So she has to come up with the $1,000, not to mention what is about $1,000 for the I539 filing fee and attorney fee.  I think she would just be better off to not book the flight, but maybe her attorney is requiring it, but again... why ?  It's hardly going to prove anything, since she has already invalidated the intent requirement on the first "still pending" I539.

Why does it matter why she wants to do it, let her sort it out herself, if it is a big enough deal she or her mother will do it.

“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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Filed: K-1 Visa Country: Ukraine
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3 minutes ago, Boiler said:

Why does it matter why she wants to do it, let her sort it out herself, if it is a big enough deal she or her mother will do it.

I guess I was just providing information to you guys :)

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20 minutes ago, HappyAndIKnowIt said:

She thinks I would do it to be helpful.  Her reason for me to do it is either she doesn't know how to do it herself or she wants to argue that "see, you even booked her new flight, so you are ok with it".  During our marriage, I did nearly everything for her because she lacked confidence to do anything.  It is one small part of the reason I don't want her responsible for raising my child.

 

At first she thought we could refund the original flight, but we can't.  So she has to come up with the $1,000, not to mention what is about $1,000 for the I539 filing fee and attorney fee.  I think she would just be better off to not book the flight, but maybe her attorney is requiring it, but again... why ?  It's hardly going to prove anything, since she has already invalidated the intent requirement on the first "still pending" I539.

Bwwaaaa!!!!

 

A plane ticket is not proof that your MIL will leave.  She had a previous return ticket that she didn't fly on.  Now, she has a return ticket that she does not intend to use. 

Constantly NOT USING return tickets MULTIPLE TIMES is not good evidence that the return ticket is proof she will leave.  

 

Edited by aaron2020
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Filed: K-1 Visa Country: Ukraine
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4 minutes ago, aaron2020 said:

Bwwaaaa!!!!

 

A plane ticket is not proof that your MIL will leave.  She had a previous return ticket that she didn't fly on.  Now, she has a return ticket that she does not intend to use. 

Constantly NOT USING return tickets MULTIPLE TIMES is not good evidence that the return ticket is proof she will leave.  

 

Agreed, and pointed out to my wife.  Deaf ears...

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Filed: K-1 Visa Country: Ukraine
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2 hours ago, Unlockable said:

Your ex-wife has to be a US citizen to adjust status of her mother. So, again, it seems like she is hoping to keep her here as long as possible until she can apply for her. But in all honesty, she is losing out on options, there is no way her mother can stay here past 2021 legally under extensions. No matter how good of a lawyer she has. Also, now that her mother has been here for a year or so, if she goes back home, border agents will likely not let her back in the US for a long time.

Maybe I missed this before.

 

She arrived in Oct, 2018 on a tourist visa.  I thought she could only stay up to one year under extensions.  Why do you say 2021 ?

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9 minutes ago, HappyAndIKnowIt said:

Maybe I missed this before.

 

She arrived in Oct, 2018 on a tourist visa.  I thought she could only stay up to one year under extensions.  Why do you say 2021 ?

Because it seems the hope is to stay till her daughter can file an i130 for her.

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Filed: K-1 Visa Country: Wales
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Maybe the wife thinks she can get in under the 3 year option by fudging the divorce?

 

Seems pretty obvious the mother is not leaving.

“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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Filed: K-1 Visa Country: Ukraine
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1 hour ago, SusieQQQ said:

Because it seems the hope is to stay till her daughter can file an i130 for her.

Ok.  I think I misinterpreted the original comment.  He wasn't saying that she could extend to 2021, but not farther, he was saying that it would require extensions beyond 2021 before she was eligible on the N-400.

 

Yeah, I think it's clear that MIL is not leaving until someone physically drags her out.  The decision on the first extension request should be very soon though.

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6 hours ago, missileman said:

My thoughts exactly.......

And then people wonder why immigration puts us through the ringer, they are just making sure we are legit! No wonder tourists visas are getting harder to obtain. Sheesh! 

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Filed: K-1 Visa Country: Colombia
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5 hours ago, HappyAndIKnowIt said:

Ok.  I think I misinterpreted the original comment.  He wasn't saying that she could extend to 2021, but not farther, he was saying that it would require extensions beyond 2021 before she was eligible on the N-400.

 

Yeah, I think it's clear that MIL is not leaving until someone physically drags her out.  The decision on the first extension request should be very soon though.

Someone is missing the back bone.

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Airline employee here. She will not be able to change the ticket. The max validity of any ticket is 12 months and changing the date does not extend the original validity. Original conditions still apply. Not that it matters to you but just in case she tells you she needs $x to change the ticket, she’s lying. 

Edited by JFH

Timeline in brief:

Married: September 27, 2014

I-130 filed: February 5, 2016

NOA1: February 8, 2016 Nebraska

NOA2: July 21, 2016

Interview: December 6, 2016 London

POE: December 19, 2016 Las Vegas

N-400 filed: September 30, 2019

Interview: March 22, 2021 Seattle

Oath: March 22, 2021 COVID-style same-day oath

 

Now a US citizen!

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Filed: K-1 Visa Country: Ukraine
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38 minutes ago, JFH said:

Airline employee here. She will not be able to change the ticket. The max validity of any ticket is 12 months and changing the date does not extend the original validity. Original conditions still apply. Not that it matters to you but just in case she tells you she needs $x to change the ticket, she’s lying. 

Good information.  I actually did know this because when we changed her flight from March to September, the 12 months was the reason it was not in October.  The original tickets were purchased in September, so September was the latest.

 

That is her current conundrum.  The return flight is non-refundable, so she has to come up with the full price of a new ticket :)  Although, I don't completely understand why she feels the need to book the flight now, since the existence of the return flight is hardly evidence she will be on it.  It does more to invalidate her intent to leave on the first I-539 than it would to help her next extension, not that anything is going to help that one ....

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