I-539 Extending B2....anyone have success? Thoughts?

[aviator99 51]

Hello,

 

My wife (US Citizen; born/raised Philippines) has her mother here (visiting on B2 visa from Philippines; she's 63 years old), living with us and our 2 children the last 4.5 months, we've been having an amazing time each despite being cooped up at home under the Omicron surge. Her I94 expires March 26th 2022 (basically 5 weeks from now). This is her 3rd time here in the USA (1st visit was 2018 - 3 months. 2nd visit she came November 2019, right before COVID -- stayed till July 2020 due to Philippines being locked down).

 

We've been talking about possibly extending her visa. We filed I-539 during COVID back in March of 2020 (her 2nd visit to the US at the time), peak of the huge US COVID surge at the time -- it was filed before her I94 expired then (Philippines was locked down and she couldn't travel back). Everything was filed timely and properly; the application was denied way later that year long after she left the USA (denied due to no-show on Biometrics, as she was already in the Philippines). That denial was expected since she was long gone from the USA. She flew to the US September 2021 again, no problem on entry, no questions about the I-539 we last filed during the COVID times of 2020 or anything of her last visit.

 

We are considering filing I-539 again this year because once again, we got screwed with Omicron and haven't done much. She's staying with us and our 2 kids, we're having an amazing time just spending time as a family although with summer coming up soon and the COVID cases dying down bigtime (so far it seems...), we'd love to venture out and spend more time together. We are 50/50 on whether she should just "Go Home" and come back in 6-12 months again, OR, file the I-539 like we did last time.

 

My questions are:

 

1. Anyone know of (or had) any "Successes" with the I-539 and extending a B2? I know we had no issues with it the 1st time, but i'm wondering if that was because USCIS/CBP were just "gracious" during the COVID times and understood people couldn't travel back to their home country (which happened to her). I know USCIS had published guidance about it during those times due to border lockdowns and countries shutting down, so those were extenuating circumstances at the time.

2. I researched a lot already and checked other posts... it seems for I-539... its *OK* that your reasons for extending are tourism, pleasure, spending time with family, travelling within the USA, etc. I'm correct in thinking those are VALID reasons, right?

3. Would you think having -TWO- I-539's filed on record (last visit 1.5 years ago -- and this visit), would be an issue on the -NEXT- entry to the USA in say...1-2 years? Anyone ever hear of someone having multiple I-539's on a B2 visa record (1 per visit)? Apparently she does this with Canada and its never an issue (extending each visit), but that's Canada...

 

Any thoughts/questions/advice? Thanks so much!

[Unlockable 7,306]

I think you are skating on thin ice here. Your MIL got very lucky she was let back in after staying so long and trying to extend her last visa stay. Now she is back trying to do the same thing. Omicron is not preventing nationals from returning to their home country. Weak excuse to extend.

 

I wouldn't push the limits but that is me. All it takes is one CBP to look closely at her history and she could be prevented from coming here. Then she will not be able to visit anytime soon unless your wife petitions for her.

[Rocio0010 5,562]

Omnicron will not fly as an excuse now. It is very risky, because they can easily deny the I539 extension. By the time you get the denial, she will have accrued unlawful presence, which will hit her with a three- year bar. Not worth it.

[Boiler 43,429]

She can apply with any old reason, sort of surprised that she was admitted again after the last one.

[Timona 3,940]

I agree with the rest. Why not her daughter fileI-130 for the mom?

[aaron2020 11,651]

USCIS may determine that your MIL is using her visitor visa to live in the US with visits to the PI.  If her extension is denied, her tourist visa will be cancelled, and she will have a hard time getting another tourist visa.  

 

You are skating on very thin ice.  COVID is not an acceptable excuse for much with US immigration.  

 

If mom wants to live here, then adjusting status may be an option.  

[retheem 553]

8 hours ago, aviator99 said:

Hello,

 

My wife (US Citizen; born/raised Philippines) has her mother here (visiting on B2 visa from Philippines; she's 63 years old), living with us and our 2 children the last 4.5 months, we've been having an amazing time each despite being cooped up at home under the Omicron surge. Her I94 expires March 26th 2022 (basically 5 weeks from now). This is her 3rd time here in the USA (1st visit was 2018 - 3 months. 2nd visit she came November 2019, right before COVID -- stayed till July 2020 due to Philippines being locked down).

 

We've been talking about possibly extending her visa. We filed I-539 during COVID back in March of 2020 (her 2nd visit to the US at the time), peak of the huge US COVID surge at the time -- it was filed before her I94 expired then (Philippines was locked down and she couldn't travel back). Everything was filed timely and properly; the application was denied way later that year long after she left the USA (denied due to no-show on Biometrics, as she was already in the Philippines). That denial was expected since she was long gone from the USA. She flew to the US September 2021 again, no problem on entry, no questions about the I-539 we last filed during the COVID times of 2020 or anything of her last visit.

 

We are considering filing I-539 again this year because once again, we got screwed with Omicron and haven't done much. She's staying with us and our 2 kids, we're having an amazing time just spending time as a family although with summer coming up soon and the COVID cases dying down bigtime (so far it seems...), we'd love to venture out and spend more time together. We are 50/50 on whether she should just "Go Home" and come back in 6-12 months again, OR, file the I-539 like we did last time.

 

My questions are:

 

1. Anyone know of (or had) any "Successes" with the I-539 and extending a B2? I know we had no issues with it the 1st time, but i'm wondering if that was because USCIS/CBP were just "gracious" during the COVID times and understood people couldn't travel back to their home country (which happened to her). I know USCIS had published guidance about it during those times due to border lockdowns and countries shutting down, so those were extenuating circumstances at the time.

2. I researched a lot already and checked other posts... it seems for I-539... its *OK* that your reasons for extending are tourism, pleasure, spending time with family, travelling within the USA, etc. I'm correct in thinking those are VALID reasons, right?

3. Would you think having -TWO- I-539's filed on record (last visit 1.5 years ago -- and this visit), would be an issue on the -NEXT- entry to the USA in say...1-2 years? Anyone ever hear of someone having multiple I-539's on a B2 visa record (1 per visit)? Apparently she does this with Canada and its never an issue (extending each visit), but that's Canada...

 

Any thoughts/questions/advice? Thanks so much!

Three letters...AOS.

[JamieCheeks 0]

What would it take to file the i30 and petition the mom?

[aaron2020 11,651]

3 hours ago, JamieCheeks said:

What would it take to file the i30 and petition the mom?

A US citizen child over age 21 who can file an I-130 for her in order to stay in the US and adjust status.  Mom is currently in the US so adjusting status is permitted.

Your partner being in NZ and seeking a tourist visa could be seen as an attempt to skip the wait for an immigrant visa, and illegally using a tourist visa to enter the US to immigrate, and then file to adjust status.  

[JamieCheeks 0]

3 hours ago, aaron2020 said:

A US citizen child over age 21 who can file an I-130 for her in order to stay in the US and adjust status.  Mom is currently in the US so adjusting status is permitted.

Your partner being in NZ and seeking a tourist visa could be seen as an attempt to skip the wait for an immigrant visa, and illegally using a tourist visa to enter the US to immigrate, and then file to adjust status.  

Hi thanks I'm not planning on touching the immigrant visa for my partner. We are definitely just going for a visit. I was just exploring possibilities/thinking out loud for the mother of the original poster

[aviator99 51]

Thank you all for the help! Actually we talked to her the last couple days and she seems to agree, maybe its best to just have my wife petition her and get her a green card. Ran through the AOS idea in my head, she could just file for the AOS since she's already here, though I know the USCIS frowns on the "intent" portion of that since she came in via the B2. She said she doesnt want to do that anyways since she has so much to do back home in the Philippines if she will move here, so she'd rather just go back and have us apply via the I-130/etc. Which is better anyways.

 

Only downside is i've been reading and good grief...IR-5 backlog is HUGEEEEE in the Philippines. I mean, it's taking like 2-2.5 years to get the IR5 when pre-Covid and pre-trump ban it was averaging around 8 months. Wonder if they're going to speed up processing there or what...because once we apply, her B2 gets cancelled, which means no more visiting us for the next 2-2.5 years based on current timelines.

Edited February 19, 2022 by aviator99

[Boiler 43,429]

She may or may not have issues visiting but that will be down to her prior extended stays.

[aviator99 51]

Thanks 'Boiler ' -- Now that you said that -- I thought the B2 gets cancelled when you file the I-130 for that person. Just googled that and apparently I was wrong (thought I read that somewhere) -- I guess the 'B2 Visa' is still valid UP until she would get her IR-5 visa to enter under that. 

 

Yeah given her age and the next visit under her B2 would be her 4th visit to the USA I doubt she'd have any issues at the border despite a pending I-130 since from what I read.

[aaron2020 11,651]

On 2/19/2022 at 9:46 AM, aviator99 said:

Thanks 'Boiler ' -- Now that you said that -- I thought the B2 gets cancelled when you file the I-130 for that person. Just googled that and apparently I was wrong (thought I read that somewhere) -- I guess the 'B2 Visa' is still valid UP until she would get her IR-5 visa to enter under that. 

 

Yeah given her age and the next visit under her B2 would be her 4th visit to the USA I doubt she'd have any issues at the border despite a pending I-130 since from what I read.

Since you are considering extending her visit, you may as well file to adjust status.  When she gets her AP in 6-8 months, she can leave the US without abandoning her AOS.  She can come back whenever to finish the green card process.