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mike42979

When should we file an extension?

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Filed: K-1 Visa Country: Philippines
Timeline

I have someone staying with me who was working in the Caribbean and was supposed to go back after 3 weeks but then Covid shut everything down. They were here waiting for their work permit to be renewed and it was meant to be processed within 3 to 4 weeks so they came and visited. Anyway, Covid-19 broke out and shut everything down and now that Job seems to be likely off the table. Here is the current plan,

 

File an extension and continue to look for jobs in the Caribbean with the hope things clear up in 6 months time or go back to their home country on the other side of the world. The drawback to the later is they have no family in their home country and will likely struggle. They have lived in the Caribbean for 10 years since 15yo but do not qualify for citizenship in the country they have lived. They have about 1.5 months left on the visitors visa and we want to time the application for maximum extension time.

My Proposal to kristine!!! :)

I-129F Sent : 2011-01-20

I-129F NOA1 : 2011-01-25

I-129F RFE(s): NONE!!!

I-129F NOA2 : 2011-06-02

Interview Date : 2011-09-01

Interview Result : Approved

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You said “they” were here for 3 weeks then covid shut everything down and now they have 1.5 months left? How long were they given initially? Only 3 months?

anyway should be able to fly out within 1.5 months judging from the talk going around about phasing reopening from next month. If not, well I’m not sure a tourist visa is really designed for looking for jobs in another country, I’d suggest they need to go back to their home country before they overstay their visa. I’m sure they can job search as well remotely from there as from here?

 

Extensions take 4 months plus to process at the best of times and will almost certainly be longer now. No way you’ll have a decision before their authorized stay ends. They go into pending mode in that case but the downside for your friend is that if it’s denied after their authorized stay expires, they have overstay on their record and their existing visa gets cancelled immediately. A further angle that is yet another complication for your friend if this happens, is that any further visa then has to be applied for in the country of nationality. It’s difficult enough to get a new visa issued under these circumstances, but will be even more so for your friend who clearly has no ties to their passport country to show.

 

(Also, “maximum extension time” counts from the end of authorized stay, you can’t game that with timing of the application.)

Edited by SusieQQQ
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Filed: K-1 Visa Country: Wales
Timeline

Need some dates and data.

 

What nationality

When did they enter

What visa

How long were they admitted for.

 

“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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