Jump to content

9 posts in this topic

Recommended Posts

Filed: Timeline
Posted (edited)

My parents are here on a visitor visa. Their I-94 is currently scheduled to expire in July 2009.

I would like to extend their stay for another 5 months(Until Nov/Dec 2009). I believe I could apply for an extension at least 45 days before the I-94 expires. Is that correct?

How long does it take to get the new I-94 cards if approved?

Currently they have a return ticket for June 2009 but USCIS requires valid travel plans(aka future return ticket). Doesn't the airline(s) charge you 'change fee' to change the dates and if the application is rejected, I probably would pay to change the dates again right?

Looks like I would have to submit their current I-94 cards to USCIS along with extension request, will they be able to travel within the USA without I-94 cards during the time of waiting for the approval from USCIS?

Regards!

Edited by second stage

Mom sponsoring for her son(my brother)

06/15/2010 : I-130 for son
06/23/2010 : Check Cashed
06/26/2010 : Received NOA
03/20/2012 : Received RFE(I-797E)
05/23/2012: Application approved after RFE response
06/29/2012: Received letter from NVC

06/03/2015: Change petition from F1 to F3 category


Checklist :
1. I-751(ROC)
2. Parents AOS
3. I-130(Son)
4. N-400(Spouse)

5. N-400(Parents)

6. K-1 & AOS & ROC TimeLine

Filed: Citizen (apr) Country: China
Timeline
Posted

OUR TIME LINE Please do a timeline it helps us all, thanks.

Is now a US Citizen immigration completed Jan 12, 2012.

1428954228.1592.1755425389.png

CHIN0001_zps9c01d045.gifCHIN0100_zps02549215.gifTAIW0001_zps9a9075f1.gifVIET0001_zps0a49d4a7.gif

Look here: A Candle for Love and China Family Visa Forums for Chinese/American relationship,

Visa issues, and lots of info about the Guangzhou and Hong Kong consulate.

Filed: Timeline
Posted (edited)

Thanks for the link! :thumbs:..so, there is a risk of having to stay past the I-94 expiration date if the application is rejected?

Edited by second stage

Mom sponsoring for her son(my brother)

06/15/2010 : I-130 for son
06/23/2010 : Check Cashed
06/26/2010 : Received NOA
03/20/2012 : Received RFE(I-797E)
05/23/2012: Application approved after RFE response
06/29/2012: Received letter from NVC

06/03/2015: Change petition from F1 to F3 category


Checklist :
1. I-751(ROC)
2. Parents AOS
3. I-130(Son)
4. N-400(Spouse)

5. N-400(Parents)

6. K-1 & AOS & ROC TimeLine

Filed: Citizen (apr) Country: China
Timeline
Posted

Thanks for the link! :thumbs:..so, there is a risk of having to stay past the I-94 expiration date if the application is rejected?

As with I-485, I suspect, USCIS will not count time from I-94 expire to decision on I-539 as being out of status time, but if they decide not to extend, more than likely they will give you up to 30 days to leave the country without penalty.

But this is just a hunch.

OUR TIME LINE Please do a timeline it helps us all, thanks.

Is now a US Citizen immigration completed Jan 12, 2012.

1428954228.1592.1755425389.png

CHIN0001_zps9c01d045.gifCHIN0100_zps02549215.gifTAIW0001_zps9a9075f1.gifVIET0001_zps0a49d4a7.gif

Look here: A Candle for Love and China Family Visa Forums for Chinese/American relationship,

Visa issues, and lots of info about the Guangzhou and Hong Kong consulate.

Filed: Timeline
Posted
As with I-485, I suspect, USCIS will not count time from I-94 expire to decision on I-539 as being out of status time, but if they decide not to extend, more than likely they will give you up to 30 days to leave the country without penalty.

But this is just a hunch.

ahh..well, in that case wouldn't I be better off applying for their Permanent Residency(so they won't have to deal with visitor visas, travel issues etc...)

Mom sponsoring for her son(my brother)

06/15/2010 : I-130 for son
06/23/2010 : Check Cashed
06/26/2010 : Received NOA
03/20/2012 : Received RFE(I-797E)
05/23/2012: Application approved after RFE response
06/29/2012: Received letter from NVC

06/03/2015: Change petition from F1 to F3 category


Checklist :
1. I-751(ROC)
2. Parents AOS
3. I-130(Son)
4. N-400(Spouse)

5. N-400(Parents)

6. K-1 & AOS & ROC TimeLine

Filed: Citizen (apr) Country: China
Timeline
Posted
As with I-485, I suspect, USCIS will not count time from I-94 expire to decision on I-539 as being out of status time, but if they decide not to extend, more than likely they will give you up to 30 days to leave the country without penalty.

But this is just a hunch.

ahh..well, in that case wouldn't I be better off applying for their Permanent Residency(so they won't have to deal with visitor visas, travel issues etc...)

Keep in mind a Green-card is NOT a "Permanent Visa" it is for permanent residency within the USA, if you have a green-card, and then return to home-country with intent to reside there for more than 6 months USCIS can determine that the LPR status has been abandoned and revoke the green-card.

OUR TIME LINE Please do a timeline it helps us all, thanks.

Is now a US Citizen immigration completed Jan 12, 2012.

1428954228.1592.1755425389.png

CHIN0001_zps9c01d045.gifCHIN0100_zps02549215.gifTAIW0001_zps9a9075f1.gifVIET0001_zps0a49d4a7.gif

Look here: A Candle for Love and China Family Visa Forums for Chinese/American relationship,

Visa issues, and lots of info about the Guangzhou and Hong Kong consulate.

Filed: Timeline
Posted
Keep in mind a Green-card is NOT a "Permanent Visa" it is for permanent residency within the USA, if you have a green-card, and then return to home-country with intent to reside there for more than 6 months USCIS can determine that the LPR status has been abandoned and revoke the green-card.

Thanks for the suggestion YuAndDan :thumbs: . Yes, I understand and considering my parents are retired they may prefer to stay with their kids rather than live alone elsewhere..

Mom sponsoring for her son(my brother)

06/15/2010 : I-130 for son
06/23/2010 : Check Cashed
06/26/2010 : Received NOA
03/20/2012 : Received RFE(I-797E)
05/23/2012: Application approved after RFE response
06/29/2012: Received letter from NVC

06/03/2015: Change petition from F1 to F3 category


Checklist :
1. I-751(ROC)
2. Parents AOS
3. I-130(Son)
4. N-400(Spouse)

5. N-400(Parents)

6. K-1 & AOS & ROC TimeLine

Filed: K-1 Visa Country: Wales
Timeline
Posted
As with I-485, I suspect, USCIS will not count time from I-94 expire to decision on I-539 as being out of status time, but if they decide not to extend, more than likely they will give you up to 30 days to leave the country without penalty.

But this is just a hunch.

ahh..well, in that case wouldn't I be better off applying for their Permanent Residency(so they won't have to deal with visitor visas, travel issues etc...)

How would you do that? Your time line suggests you are not a USC?

“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.”

Filed: Timeline
Posted
How would you do that? Your time line suggests you are not a USC?

I Am....Have you applied for B-2 extension for your parents?

Mom sponsoring for her son(my brother)

06/15/2010 : I-130 for son
06/23/2010 : Check Cashed
06/26/2010 : Received NOA
03/20/2012 : Received RFE(I-797E)
05/23/2012: Application approved after RFE response
06/29/2012: Received letter from NVC

06/03/2015: Change petition from F1 to F3 category


Checklist :
1. I-751(ROC)
2. Parents AOS
3. I-130(Son)
4. N-400(Spouse)

5. N-400(Parents)

6. K-1 & AOS & ROC TimeLine

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

Create an account or sign in to comment

You need to be a member in order to leave a comment

Create an account

Sign up for a new account in our community. It's easy!

Register a new account

Sign in

Already have an account? Sign in here.

Sign In Now
- Back to Top -

Important Disclaimer: Please read carefully the Visajourney.com Terms of Service. If you do not agree to the Terms of Service you should not access or view any page (including this page) on VisaJourney.com. Answers and comments provided on Visajourney.com Forums are general information, and are not intended to substitute for informed professional medical, psychiatric, psychological, tax, legal, investment, accounting, or other professional advice. Visajourney.com does not endorse, and expressly disclaims liability for any product, manufacturer, distributor, service or service provider mentioned or any opinion expressed in answers or comments. VisaJourney.com does not condone immigration fraud in any way, shape or manner. VisaJourney.com recommends that if any member or user knows directly of someone involved in fraudulent or illegal activity, that they report such activity directly to the Department of Homeland Security, Immigration and Customs Enforcement. You can contact ICE via email at Immigration.Reply@dhs.gov or you can telephone ICE at 1-866-347-2423. All reported threads/posts containing reference to immigration fraud or illegal activities will be removed from this board. If you feel that you have found inappropriate content, please let us know by contacting us here with a url link to that content. Thank you.
×
×
  • Create New...