Canadian Spouse visiting USC spouse-CBP situation

[LeprechaunSean 0]

So my wife and son came to visit me here in the US, and the CBP let her in, but they said that they were 'parolling' her in, and had her fill out some forms (I think they were I-94a forms) and pay a fee, then they stapled a little piece of paper in their passports (says I-94a on it) and let them through. The problem is, they put the date of her return flight on the form in her passport, so does that mean she HAS to come back on that date, because we were hoping she could stay longer, the full six months if she had to. Anyone with any experience with this, I would love to here from you. We don't want to risk any problems when she goes for her interview in montreal.

[MapleLeafBaby 1]

So my wife and son came to visit me here in the US, and the CBP let her in, but they said that they were 'parolling' her in, and had her fill out some forms (I think they were I-94a forms) and pay a fee, then they stapled a little piece of paper in their passports (says I-94a on it) and let them through. The problem is, they put the date of her return flight on the form in her passport, so does that mean she HAS to come back on that date, because we were hoping she could stay longer, the full six months if she had to. Anyone with any experience with this, I would love to here from you. We don't want to risk any problems when she goes for her interview in montreal.

This has come up recently. Yes, it is very important for her to return before that date. The 6 months would only apply had she not gotten that visa in her passoprt. They really have the ability to govern how long she can stay. You are safer having her go back, and then try to return again on re-entry. If she over stays, it will create problems at the interview and it is not worth risking. They mean business, and when you are so close to finally being together, why risk it with an overstay and then have to file waivers etc....and possibly even having to hire a lawyer to fix the problem.

Good luck

[trailmix 77]

So my wife and son came to visit me here in the US, and the CBP let her in, but they said that they were 'parolling' her in, and had her fill out some forms (I think they were I-94a forms) and pay a fee, then they stapled a little piece of paper in their passports (says I-94a on it) and let them through. The problem is, they put the date of her return flight on the form in her passport, so does that mean she HAS to come back on that date, because we were hoping she could stay longer, the full six months if she had to. Anyone with any experience with this, I would love to here from you. We don't want to risk any problems when she goes for her interview in montreal.

This has come up recently. Yes, it is very important for her to return before that date. The 6 months would only apply had she not gotten that visa in her passoprt. They really have the ability to govern how long she can stay. You are safer having her go back, and then try to return again on re-entry. If she over stays, it will create problems at the interview and it is not worth risking. They mean business, and when you are so close to finally being together, why risk it with an overstay and then have to file waivers etc....and possibly even having to hire a lawyer to fix the problem.

Good luck

Agree with poprocks (hi poprocks!)

The reason they probably gave her the I-94 is because they felt she might be going to reside in the U.S.

You can apply for an extension I believe, perhaps someone here with some experience with that will reply.

[LeprechaunSean 0]

So my wife and son came to visit me here in the US, and the CBP let her in, but they said that they were 'parolling' her in, and had her fill out some forms (I think they were I-94a forms) and pay a fee, then they stapled a little piece of paper in their passports (says I-94a on it) and let them through. The problem is, they put the date of her return flight on the form in her passport, so does that mean she HAS to come back on that date, because we were hoping she could stay longer, the full six months if she had to. Anyone with any experience with this, I would love to here from you. We don't want to risk any problems when she goes for her interview in montreal.

This has come up recently. Yes, it is very important for her to return before that date. The 6 months would only apply had she not gotten that visa in her passoprt. They really have the ability to govern how long she can stay. You are safer having her go back, and then try to return again on re-entry. If she over stays, it will create problems at the interview and it is not worth risking. They mean business, and when you are so close to finally being together, why risk it with an overstay and then have to file waivers etc....and possibly even having to hire a lawyer to fix the problem.

Good luck

Agree with poprocks (hi poprocks!)

The reason they probably gave her the I-94 is because they felt she might be going to reside in the U.S.

You can apply for an extension I believe, perhaps someone here with some experience with that will reply.

that's the information I've been looking for on the CBP site, but I'm having trouble finding anything about an I-94 extension. I really hope someone has done this already....thanks for the info guys. We really don't want to get split up...but I guess we have to be prepared.

[MapleLeafBaby 1]

hey Trailmix...u still up too? I thought I was the only one on a Sunday rainy night lol...

[trailmix 77]

Yes, just about to go to bed, still tired from the drive

Admission to the U.S. - Duration of Stay - Form I-94 link

Upon entering the U.S., Department of Homeland Security, Customs and Border Protection (CBP) officials at the port of entry, places a small white card, Form I-94, Arrival-Departure Record in your passport. On this card, the U.S. immigration inspector records either a date or "D/S" (duration of status). In most cases, a specific date will be indicated on the Form I-94 (in the lower right-hand corner). If your I-94 contains a specific date, that is the date by which you must leave the United States. Some students, exchange program participants, and certain temporary workers (e.g., foreign diplomats) will be admitted for “duration of status.” If you have "duration of status" or “D/S” on your Form I-94, you may remain in the U.S. as long as you continue your course of studies or remain in your exchange program or qualifying employment.

If you are traveling on the Visa Waiver Program, you will receive Form I-94W, Nonimmigrant Visa Waiver Arrival-Departure Record, a green card.

Your Form I-94, or I-94W is a very important document to keep in your passport, since it shows your permission to be in the U.S.

As example of the difference between the duration of stay permitted in the U.S. and validity of a visa, your visa may be valid for several years, and yet your authorized period of stay, as shown on the Arrival-Departure Record, Form I-94, may be limited to a few weeks.

The date or D/S notation, shown on your Arrival-Departure Record, I-94 or I-94W is the official record of the your authorized length of stay in the U.S. You cannot use the visa expiration date in determining or referring to your permitted length of stay in the U.S.

Carefully review information about international visitor admission on the CBP Website.

Extension of Stay

Permission to enter and/or remain in the U.S. and extensions of stay in this country are granted by the Department of Homeland Security (DHS). If you came to the U.S. on a nonimmigrant visa, and you want to extend your stay in the U.S., then you must ask for permission from DHS’s United States Citizenship and Immigration Services (USCIS) before your authorized stay expires. If you have a date on your Form I-94, you should apply for your extension of stay with USCIS well in advance of its expiration.

To learn more select USCIS, How Do I Extend My Stay?.

Providing permission to remain in the U.S., called extension of stay, to persons in the U.S., holding a nonimmigrant visa is not the responsibility of the Department of State, and therefore Visa Services is unable assist you in this regard.

Edited August 10, 2009 by trailmix

[LeprechaunSean 0]

K well I found some info on the CBP website, but I'm not sure if it's going to help us out or not, since it takes up to sixty days to process an application for extension of stay....I guess we'll just plan for them going back in september.

Hey Poprocks, I was looking at your timeline, and it looks like it was about a month and a half between the consulate (montreal I presume) recieving your packet three, and your interview date-is that right? Our packet three was recieved last monday, so if it's only a month and a half till the interview, we'd be pretty close anyways.

[MapleLeafBaby 1]

K well I found some info on the CBP website, but I'm not sure if it's going to help us out or not, since it takes up to sixty days to process an application for extension of stay....I guess we'll just plan for them going back in september.

Hey Poprocks, I was looking at your timeline, and it looks like it was about a month and a half between the consulate (montreal I presume) recieving your packet three, and your interview date-is that right? Our packet three was recieved last monday, so if it's only a month and a half till the interview, we'd be pretty close anyways.

I hope it all works out for you. Back in the spring, they did have a spurt where a group of us got a quick turn around. As of late, they have been running at about 2-3 months. But that's not to say, anything could happen. I know the 'time apart' part of it all SUCKS BIGTIME! Back then I thought my time would never come...but it all pays off Following the rules, making easier on yourselves and keeping costs down is what really matters.

I hope things move fast for you guys...good luck

[trailmix 77]

K well I found some info on the CBP website, but I'm not sure if it's going to help us out or not, since it takes up to sixty days to process an application for extension of stay....I guess we'll just plan for them going back in september.

Hey Poprocks, I was looking at your timeline, and it looks like it was about a month and a half between the consulate (montreal I presume) recieving your packet three, and your interview date-is that right? Our packet three was recieved last monday, so if it's only a month and a half till the interview, we'd be pretty close anyways.

From the link I gave you above it says more like 45 days. It also says if you can prove that you there were reason(s) that you have 'overstayed' when applying for the extension they may accept that.

If I were you I would be applying for the extension now - but hey that's me! If you really want to know you might get an infopass appointment and go in and ask them if it's kosher to apply now and wait for it to come through.

Just a suggestion - I don't know how much of a hassle it will be if your wife does have to return to Canada before the interview date.

[LeprechaunSean 0]

thanks guys, I guess I'll have to figure this out this week. Just keep jumpin through hoops....Does all this stuff sometimes just seem absolutely ridiculous? Or is it just me? seriously...

[trailmix 77]

thanks guys, I guess I'll have to figure this out this week. Just keep jumpin through hoops....Does all this stuff sometimes just seem absolutely ridiculous? Or is it just me? seriously...

No it's not you...it is ridiculous.

[Peggy 1]

thanks guys, I guess I'll have to figure this out this week. Just keep jumpin through hoops....Does all this stuff sometimes just seem absolutely ridiculous? Or is it just me? seriously...

No it's not you...it is ridiculous.

[Misty1979 0]

Nvm. Edited August 10, 2009 by Misty1979

[Carlawarla 1]

I posted a link in another thread, and can't seem to find it. You can apply for an extension, but it costs $300.00! You can E-file the appication as well. Seems like there has been a few postings of people getting these now at the border. Let us know what you decide to do and how the process worked for you!

Edited August 11, 2009 by Carlawarla

[zyggy 9]

You need to have a good reason for the extension... "Because I just want to stay longer" is not a valid reason... "Because I'm having surgery by a renowned surgeon in the US and I have complications and it's going to take longer" is.

Sorry.. you can't have your cake and eat it too. She needs to get on the plane by the date on the I-94. Don't be a fool and risk everything because you just want to stay longer.

Immigration is not meant to be warm and fuzzy. It's meant to be hard. WHere immigration is concerned, instant gratification is bad... taking the long term view always brings better results.

Edited August 12, 2009 by zyggy