Extending Stay

[CanTex 1]

I came to the US on January 2 for 2 weeks. But decided to stay for our "allowed" 6 months. So I just cancelled my ticket and will return

before June 30.

However, my mother-in-law to be has become quite ill and I was looking into filing the Request for Extension of Stay. It indicates

there that along with the $300 filing fee an I-94 that I was given at customs would have to be filed. I was not issued an I-94?

Anybody been through this? Also our K1 has been in process since Nov.2007 and USCIS wrote us a letter that they are not sure

how much longer we'll be in A/P. So we can't rely on being approved in order for me to be here and help with my m-i-law.

Thanks for any help you can give me.

[thetreble 19]

I came to the US on January 2 for 2 weeks. But decided to stay for our "allowed" 6 months. So I just cancelled my ticket and will return

before June 30.

However, my mother-in-law to be has become quite ill and I was looking into filing the Request for Extension of Stay. It indicates

there that along with the $300 filing fee an I-94 that I was given at customs would have to be filed. I was not issued an I-94?

Anybody been through this? Also our K1 has been in process since Nov.2007 and USCIS wrote us a letter that they are not sure

how much longer we'll be in A/P. So we can't rely on being approved in order for me to be here and help with my m-i-law.

Thanks for any help you can give me.

Canadians usually aren't issued I94s when they enter as visitors.

Honestly, some poeple will tell you just to overstay as they may not notice. I really don't know what to tell you though. Because you have an ongoing K-1 application, I'm not too sure what they are going to think about you staying.

[Krikit 1,163]

Wow. That's a long time to be in AP. Sorry to hear that.... as well as about your future MIL. I haven't heard of anyone who has filed for the extension so best of luck with that. Maybe come back and tell us how it went? As far as the I-94..... just enter that you are Canadian and never received one. Also, as a way around having to file for the extension, you may just want to return to Canada for a bit then re-enter so you don't have the six month timeline looming. The clock starts ticking with each entry.... it's not cumulative. But that plan is not without its perils, obviously. Did you look into just marrying and then AOS'ing? That's an option if you didn't intend to go that route when you first came to visit. Obviously, you'd have to prove that to USCIS, though.

Good luck with everything.

[CanTex 1]

Wow. That's a long time to be in AP. Sorry to hear that.... as well as about your future MIL. I haven't heard of anyone who has filed for the extension so best of luck with that. Maybe come back and tell us how it went? As far as the I-94..... just enter that you are Canadian and never received one. Also, as a way around having to file for the extension, you may just want to return to Canada for a bit then re-enter so you don't have the six month timeline looming. The clock starts ticking with each entry.... it's not cumulative. But that plan is not without its perils, obviously. Did you look into just marrying and then AOS'ing? That's an option if you didn't intend to go that route when you first came to visit. Obviously, you'd have to prove that to USCIS, though.

Good luck with everything.

Thanks for your input. We thought about cancelling the K1, marrying and refiling the K3, but too scared on how long that may take us. Hopefully, we will hear something soon. So, guess I will just go ahead and call USCIS and see if that gets us anywhere.

[Krikit 1,163]

Thanks for your input. We thought about cancelling the K1, marrying and refiling the K3, but too scared on how long that may take us. Hopefully, we will hear something soon. So, guess I will just go ahead and call USCIS and see if that gets us anywhere.

Refiling for a K-3 would put you right back to the beginning. Plus, the K-3's not a very good visa to go for these days. You're better off marrying then going straight to AOS. It allows you to stay in the country until your case is finished processing.

Take a look in this forum: Adjustment of Status from Work, Student, & Tourist Visas

[Sprailenes 47]

Thanks for your input. We thought about cancelling the K1, marrying and refiling the K3, but too scared on how long that may take us. Hopefully, we will hear something soon. So, guess I will just go ahead and call USCIS and see if that gets us anywhere.

Refiling for a K-3 would put you right back to the beginning. Plus, the K-3's not a very good visa to go for these days. You're better off marrying then going straight to AOS. It allows you to stay in the country until your case is finished processing.

Take a look in this forum: Adjustment of Status from Work, Student, & Tourist Visas

How is she going to prove there was no intent to marry if they already had a K1 in progress though? I understand one can probably say: "Oh I wasn't planning to marry on that particular visit" but still may raise some flags no?

Edited March 25, 2009 by Sprailenes

[CanTex 1]

Yes I am afraid they would look at that as visa fraud. As my M.I.Law is going to be 80 in November we thought that we would have our approval by now and she could attend our wedding. This sucks so bad. I feel like I am in a basketball game and pivoting with no one to throw the damn ball to, lol. But, trying to keep everything legal and not screw up what we started, K1, guess we'll have to re-think things but probably stay the course and hope for the best.

[Reba 2]

I'm afraid to say as well that Canadians are very rarely given extensions of stay anyway, because we're already allowed 6 months. The only reason they usually extend a stay for Canadians is if you're hosptialized and can't be moved or similar.

You can try of course, but have a plan B.