When to apply for visa extension?

[lucybelle 453]

My boyfriend is coming to the States from Costa Rica on a tourist visa for 6 months. There's a festival I would like him to go to one month after his visa expires. I hope to apply for the extension for one or two months. I'm having him bring a letter from his job saying he has a job in Costa Rica, bank statements to show he has money, and pay stubs to show he has paid bills in Costa RIca. I'm hoping that will be good enough for an extension.

But when should he apply for it? I read that it could take up to 6 months to process! I also read on here that while it is in process, the visa holder can stay in the States until they hear a decision. If it is accepted then they can stay, if not they have 30 days to leave. So should he try to put in the application right away when he gets here? Or wait until a month or two before he leaves to put in the paperwork?

Thanks!

[Boiler 45,772]

What sort of job gives that much holiday?

I would suggest he delays his entry for a month or so.

[lucybelle 453]

What do you mean he should delay his entry? He'll be coming to the USA on Monday. Should he not apply for the extension for a month or two?

As far as his job goes-- he's worked there for 10 years and is leaving them at a critical time. They won't be able to train someone to do his job as well as he can in 6 months. So they want him back.

[milimelo 4,517]

What do you mean he should delay his entry? He'll be coming to the USA on Monday. Should he not apply for the extension for a month or two?

As far as his job goes-- he's worked there for 10 years and is leaving them at a critical time. They won't be able to train someone to do his job as well as he can in 6 months. So they want him back.

To get an extension on tourist visa you have to send in a form with an explanation on why it is needed. I doubt attending a festival will fly with USCIS.

[Harsh_77 718]

As Boiler said delay the entry by 1 month if you would like him stay for longer.

Second - Just the reason that you would like him to attend a festival is not a good reason for B1/B2 extension, if not required B1/B2 should never be extended.

Third - Yes the officer at POE is going to ask which job will keep position open for him after 6 months and that he has a very good reason return back to home. Wht I mean he would need some strong ties for his home country.

Fourth - Not necessary that all the tourist will get 6 months, some get less some get full 6 months its all upto officer at POE.

[lucybelle 453]

Thanks for the information. I read on the extension website that a reason to extend stay was to continue traveling, and giving a list of places you were planning on going was acceptable. But I guess what the page says and what happens in reality is always different.

Should I not even rely on a visa extension?

[Brother Hesekiel 2,236]

I got an I-539 approved, although that was a long time ago. I stated that traveling through the United States was a once-in-a-lifetime experience for me and how much I enjoyed the cultural diversity of this country. Visiting a festival may qualify for this. All you can do is give it a try. Either they approve it, or they don't. File about a month after he gets here.

http://www.ilw.com/forms/i-539instructions.pdf

[Boiler 45,772]

If there are no plans to come back as a visitor anytime soon then there seems little downside.