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Wings20

Extended Stay for Tourist Visa while K1 Visa at NVC / until PH USEM reopens

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Filed: AOS (pnd) Country: Philippines
Timeline
Posted

Hi everyone, does anyone have any insight/experience when it comes to extended stay for a tourist visa?

 

As a background, our K1 Visa is at NVC until PH USEM reopens. We filed our K1 in Feb 2020 and our NOA2 arrived in Jul 2020.

 

I'm fortunate for having a tourist visa so I was able to spend Christmas with my fiance and his family.

 

My return flight was in Jan 1st week but JAL cancelled my flight due to the new Covid strain. We decided to wait a while until it was safer to travel.

 

We were going to rebook my flight to Apr 1st week until PH announced a no-entry restriction to include non-OFWs (thanks to @Adventine for sharing this!). Although they retracted it, who knows what could happen next.

 

I don't intend on overstaying in the U.S. at the risk of having my tourist visa/K1 visa revoked. But we would like to be prepared for any other surprise events.

 

What are your thoughts on the extended stay for tourist visa? We have a little over 60 days before my visa expires so we are considering it.

 

https://www.uscis.gov/forms/explore-my-options/extend-my-nonimmigrant-stay

 

- How long does the approval process take? Is it worth doing? What is the success rate?

- What are the pros and cons especially as it relates to our K1 visa?

- Any other alternatives/recommmendations?

 

 

 

Posted
5 minutes ago, aaron2020 said:

Have you considered marrying and filing to adjust status?

This is exactly what I'd be doing in this situation.  Very envious!

June 25, 2022 - Married
June 28, 2022 - I-130 filed digitally

June 28, 2022 - NOA1 (Nebraska -> Vermont xfer)

June 8, 2023 - NOA2 (Vermont -> California xfer)
June 14, 2023 - At NVC

July 3, 2023 - NVC RFE

July 17, 2023 - NVC DQ

April 15, 2024 - IL

April 19, 2024 - Medical

May 23, 2024 - Interview

June 4, 2024 - CFO 
June 30, 2024 - Flight to US

Filed: AOS (apr) Country: Philippines
Timeline
Posted
43 minutes ago, aaron2020 said:

Have you considered marrying and filing to adjust status?

Exactly this.   ^^^^^^^  is what you should be seriously thinking about.  

YMMV

Filed: K-1 Visa Country: Wales
Timeline
Posted

“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.”

Posted
58 minutes ago, Wings20 said:

Hi everyone, does anyone have any insight/experience when it comes to extended stay for a tourist visa?

 

As a background, our K1 Visa is at NVC until PH USEM reopens. We filed our K1 in Feb 2020 and our NOA2 arrived in Jul 2020.

 

I'm fortunate for having a tourist visa so I was able to spend Christmas with my fiance and his family.

 

My return flight was in Jan 1st week but JAL cancelled my flight due to the new Covid strain. We decided to wait a while until it was safer to travel.

 

We were going to rebook my flight to Apr 1st week until PH announced a no-entry restriction to include non-OFWs (thanks to @Adventine for sharing this!). Although they retracted it, who knows what could happen next.

 

I don't intend on overstaying in the U.S. at the risk of having my tourist visa/K1 visa revoked. But we would like to be prepared for any other surprise events.

 

What are your thoughts on the extended stay for tourist visa? We have a little over 60 days before my visa expires so we are considering it.

 

https://www.uscis.gov/forms/explore-my-options/extend-my-nonimmigrant-stay

 

- How long does the approval process take? Is it worth doing? What is the success rate?

- What are the pros and cons especially as it relates to our K1 visa?

- Any other alternatives/recommmendations?

 

 

 

 

I agree with the others who advise you to marry and adjust status. Even if all Filipino citizens are now allowed to travel back to the Philippines, it's not like the cancelled flights were all magically reinstated. With how unstable and contradictory the PH travel restrictions have been from 2020 to present, who knows what will happen in the coming weeks.

 

The downsides are, once you file to adjust status, you will not be able to work or travel internationally until you receive the EAD-Employment Authorization Document and AP-Advance Parole. These may take 6 months or more. Many members have reported much longer wait times.

 

If you have obligations in the Philippines that require you to travel back ASAP, then marrying and adjusting status isn't really the best option. Also be aware that it is taking extremely long for USCIS to approve these extension requests (Form I-539, Application to Extend/Change Nonimmigrant Status). The extension approval may not arrive before your current authorized stay expires.

 
Didn't find the answer you were looking for? Ask our VJ Immigration Lawyers.

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