B2 Tourist Visa Extension

[HappyAndIKnowIt 24]

5 minutes ago, Roel said:

Yeah I wonder if they actually did put that as a reason. Or did they come up with something else and lied. 

Well, they had an attorney prepare it, so ...

[HappyAndIKnowIt 24]

9 minutes ago, aaron2020 said:

Seems like your soon to be ex-wife has a plan.  Keep mom around until she can get US citizenship and file to adjust mom's status.

 

 

Daddy has plans of his own, which include providing USCIS ample evidence against their extension application.

[Roel 7,191]

2 minutes ago, HappyAndIKnowIt said:

Well, they had an attorney prepare it, so ...

Might be a good idea to report that attorney since he should know that they are breaking immigration law.. 

 

I mean if you're really want to be vicious you can call USCIS and report fraud. 

[HappyAndIKnowIt 24]

9 minutes ago, Unlockable said:

Yeah, this was poor planning. So MIL's ability to be able to travel back to the US is now relying on whether or not the extension is approved. Does she know that if it is denied then your MIL will have accrued overstay of her visa, thus making it possible for her to lose it?

From what she has told me, her attorney promised her it would be approved.  I'm guessing he didn't anticipate my response.

 

I'm pretty sure if it's denied, she WILL lose the visa.  I think it's automatically voided.  I don't know how much more difficult it will be for her to get another visa, then if she does, to get past USCIS at the PoE.

[aaron2020 11,651]

Just now, HappyAndIKnowIt said:

Daddy has plans of his own, which include providing USCIS ample evidence against their extension application.

Why bother?  It's going to be denied.   You are wasting resources.  Ignore her mom.  There's nothing you can do.  The extension is going to get deny,  mom is going to stay illegally, your wife will get citizenship under the 5 years rule, and then she will successfully adjust mom's status.  

 

What are you to do?  Whatever you want, but the results are not going to change.  Mom will get her green card. 

This sounds like misguided revenge.  ###### mom over doesn't get you anything.

Focus on the divorce and what's best for your child.  

[aaron2020 11,651]

3 minutes ago, Roel said:

Might be a good idea to report that attorney since he should know that they are breaking immigration law.. 

 

I mean if you're really want to be vicious you can call USCIS and report fraud. 

Ha. Ha.  Good one.  There's nothing to report the attorney for.  Perfectly legal to help someone file for an extension.  USCIS will be the judge.  

 

What law did the attorney break?  

3 minutes ago, HappyAndIKnowIt said:

From what she has told me, her attorney promised her it would be approved.  I'm guessing he didn't anticipate my response.

 

I'm pretty sure if it's denied, she WILL lose the visa.  I think it's automatically voided.  I don't know how much more difficult it will be for her to get another visa, then if she does, to get past USCIS at the PoE.

Let them use that attorney who will file anything for a buck.  

[HappyAndIKnowIt 24]

3 minutes ago, Roel said:

Might be a good idea to report that attorney since he should know that they are breaking immigration law.. 

 

I mean if you're really want to be vicious you can call USCIS and report fraud. 

Nothing vicious about trying to protect myself and my son from my wife's stupidly signing the affidavit of support.

 

Incidentally, I visited them about a week ago with some evidence, but since I didn't know which Service Center was processing the application, nor the receipt number at the time, the USCIS rep took the information and gave it to their fraud department.

 

I can't say for sure that it's fraud because I don't know what they said in the application, but I'm sure USCIS can find out ...

 

The sad part of this is that I don't want my wife to have screwed up her own immigration situation, as I want our son to have his mother here.  I am banking on it being very unlikely that she won't be able to stay, but she seems to do some really irrational things, especially when it comes to protecting her mother.

[aaron2020 11,651]

The I-134 is meaningless.  Once the extension is denied, it goes away. 

[geowrian 22,336]

1 minute ago, HappyAndIKnowIt said:

Nothing vicious about trying to protect myself and my son from my wife's stupidly signing the affidavit of support. 

As already noted, no such thing is used for a tourist visa. If one was provided, it will not impact the result. It does help a lawyer try to justify their expenses, though....that's my guess as to why one was provided.

An I-134 is not legally enforceable. Nothing that you own is at risk by her signing any such document.

 

If she sponsors her mother for a green card, then an I-864 comes into play, which is enforceable. Even then, assets listed are not collateral. No lien is made against them either.

[aaron2020 11,651]

Even if her mom gets the extension, she would need to leave by October 2, 2019.

[HappyAndIKnowIt 24]

Just now, aaron2020 said:

The I-134 is meaningless.  Once the extension is denied, it goes away. 

That is precisely the reason I provided the evidence against.  Application denial and the affidavit of support disappears like a fart in the wind.  Immigration consequences to MIL are not my purpose, but they are certainly acceptable.

[Boiler 44,004]

How would your comments tie up with her application?

[arken 4,197]

What’s you main problem? Her affidavit of support or her mother’s extension?

 

Affidavit of support could be i134 or just a statement from your wife on a paper saying she would cover the cost of her mom’s stay for the intended duration.

 

Reason of extension could simply be her mom wants to spend some more time with her daughter and the grandkid. 

 

None of the above two reasons would affect you in any way. So what do you get out of it? Just a sweet revenge of getting divorced?

 

 

[aaron2020 11,651]

28 minutes ago, HappyAndIKnowIt said:

That is precisely the reason I provided the evidence against.  Application denial and the affidavit of support disappears like a fart in the wind.  Immigration consequences to MIL are not my purpose, but they are certainly acceptable.

You are wasting time and energy on something that will fail anyways.  You didn't provide evidence.  You provided your version of the story.  
 

You're spinning your wheels for nothing.

 

Best of luck.

 

Adios.  

[WeGuyGal 1,052]

11 minutes ago, arken said:

 

Affidavit of support could be i134 or just a statement from your wife on a paper saying she would cover the cost of her mom’s stay for the intended duration. AOS is not part of the i539 afaik

 

Reason of extension could simply be her mom wants to spend some more time with her daughter and the grandkid. What, 6 months ain't enough?