Extension of Stay Past 12 months

[HappyAndIKnowIt 24]

Ok, yall.

 

My wife asked me for help to reschedule her mom's return flight from September to next March (2020).  She said she filed another extension request.

 

I am trying to figure out what is going on. She used an attorney, so he would obviously know what we know about the 12 months.

 

Her first extension request shows only that fingerprints have been processed as of 8/24/2019, no approval posted online.

 

So, my question:

 

Assume this is not a simple extension because that is a straightforward denial, and an immigration attorney would know that.  I know the first application was an I-539 because I have the receipt number and I have seen the biometrics scheduling letter, which states I-539, also the online case status says it.  What other reasons or other things could be done with an I-539 which would be plausible here ?  Some kind of accusation against me to justify some "change of status" rather than extension ?

 

Thanks for the help.

[Crazy Cat 41,845]

So, she has been in the US via a B2 since October 2018....filed an extension to stay in April 2019.......and now she wants to stay even longer?    Really????  Sounds like she is playing the system......

Edited September 5, 2019 by missileman

[HappyAndIKnowIt 24]

2 minutes ago, missileman said:

So, she has been in the US via a B2 since October 2018....filed an extension to stay in April 2019.......and now she wants to stay even longer?    Really????

Exactly.

 

So, I'm looking for any other basis for an I-539 which could have some validity.

 

Without one, I can only assume they realize they have screwed up their situation so much that she will stay as long as she possibly can because she will never see my son again once she leaves.  They may already realize she will never be able to return, and they know I will never grant consent for him to go to Ukraine.

[Crazy Cat 41,845]

Just now, HappyAndIKnowIt said:

Exactly.

 

So, I'm looking for any other basis for an I-539 which could have some validity.

 

Without one, I can only assume they realize they have screwed up their situation so much that she will stay as long as she possibly can because she will never see my son again once she leaves.  They may already realize she will never be able to return, and they know I will never grant consent for him to go to Ukraine.

Did she use babysitting as the reason for the last extension???

[HappyAndIKnowIt 24]

She refuses to show me what was filed.  But I know it was an I-539.

[JeanneAdil 6,498]

who is paying attorney and signed papers to be represented?  You or her?

If the contract is with you and attorney ,  you have the right to know and can ask him/her

 

She came and married in early 2016 and is eligible to apply N 400 for citizenship but the domestic violence charge will show up

she may think she will naturalize and can wait out with extensions to AOS her mom   / this is just my thinking and of course i have no way to know

 

seems the mother would have to be applying for her own extension and paying for it

did she file the I 485 along with this to change status to LPR?

this is what you need to know

[Unlockable 7,314]

Just went through your post history. Ouch. Sorry for what's going on. Now you see why there is so much scrutiny and difficulty for many people in some countries to get visitor visas. Especially if they have family here.

 

But to answer you question, and extension past 12 months is likely not gonna happen. You MIL has been here well past the allotted time. She is basically hoping to wait it out to AOS.

[HappyAndIKnowIt 24]

2 minutes ago, JeanneAdil said:

who is paying attorney and signed papers to be represented?  You or her?

If the contract is with you and attorney ,  you have the right to know and can ask him/her

 

She came and married in early 2016 and is eligible to apply N 400 for citizenship but the domestic violence charge will show up

she may think she will naturalize and can wait out with extensions to AOS her mom   / this is just my thinking and of course i have no way to know

 

seems the mother would have to be applying for her own extension and paying for it

did she file the I 485 along with this to change status to LPR?

this is what you need to know

I am completely excluded from the process, although she has withdrawn money from our joint account in violation of a court order, perhaps those funds are being used to pay.

 

She is not eligible for N-400 until November 2021, as she has filed for divorce before 3 years.

 

Regarding the i-485 to change status to LPR, is that something she has basis to do ?  Or is my wife being a USC a requirement ?

[Crazy Cat 41,845]

4 minutes ago, Unlockable said:

She is basically hoping to wait it out to AOS.

My thoughts exactly.......

[Unlockable 7,314]

3 minutes ago, HappyAndIKnowIt said:

I am completely excluded from the process, although she has withdrawn money from our joint account in violation of a court order, perhaps those funds are being used to pay.

 

She is not eligible for N-400 until November 2021, as she has filed for divorce before 3 years.

 

Regarding the i-485 to change status to LPR, is that something she has basis to do ?  Or is my wife being a USC a requirement ?

Your ex-wife has to be a US citizen to adjust status of her mother. So, again, it seems like she is hoping to keep her here as long as possible until she can apply for her. But in all honesty, she is losing out on options, there is no way her mother can stay here past 2021 legally under extensions. No matter how good of a lawyer she has. Also, now that her mother has been here for a year or so, if she goes back home, border agents will likely not let her back in the US for a long time.

[JeanneAdil 6,498]

10 minutes ago, HappyAndIKnowIt said:

I am completely excluded from the process, although she has withdrawn money from our joint account in violation of a court order, perhaps those funds are being used to pay.

 

She is not eligible for N-400 until November 2021, as she has filed for divorce before 3 years.

 

Regarding the i-485 to change status to LPR, is that something she has basis to do ?  Or is my wife being a USC a requirement ?

she sill lives with you (as you said in past posts) and she may have filed for divorce but as you say Joint bank account and still married ,  she can file  N 400

 

i am not real familiar with I 485 but she would have to be citizen to apply for mother

Edited September 5, 2019 by JeanneAdil

[HappyAndIKnowIt 24]

10 minutes ago, JeanneAdil said:

she sill lives with you (as you said in past posts) and she may have filed for divorce but as you say Joint bank account and still married ,  she can file  N 400

 

i am not real familiar with I 485 but she would have to be citizen to apply for mother

About filing for the N-400, in another thread, people here indicated that she ruined her 3-year eligibility by filing for divorce before 3 years.  Not my battle, but I wanted to clarify because your statement conflicts with others'.

[Boiler 45,486]

Let her rebook her own plane ticket, not sure why she is bothered as it seems unlikely she is going home.

[JeanneAdil 6,498]

15 minutes ago, HappyAndIKnowIt said:

About filing for the N-400, in another thread, people here indicated that she ruined her 3-year eligibility by filing for divorce before 3 years.  Not my battle, but I wanted to clarify because your statement conflicts with others'.

she only ruins the 3 year rule if divorces.    if the divorce is not concluded and she still is married as you say and she   still lives with you and you still have joint accounts,   she can file .  what stops her?  she can say she withdrew the divorce  papers.   

seems from your other posts no one follows thru with the divorce especially as you are supporting mother in law's visit now 

you are still married 

How is this not your battle?

Edited September 5, 2019 by JeanneAdil

[HappyAndIKnowIt 24]

8 minutes ago, JeanneAdil said:

she only ruins the 3 year rule if divorces.    if the divorce is not concluded and she still is married as you say and she   still lives with you and you still have joint accounts,   she can file .  what stops her?  she can say she withdrew the divorce  papers.   

seems from your other posts no one follows thru with the divorce especially as you are supporting mother in law's visit now 

you are still married 

How is this not your battle?

I meant the question of whether she ruined her eligibility under the three year rule was not my battle.  VJ members disagree.  I do not claim my own research on the question, that's all I meant by the battle reference.

 

We are fighting over custody, so the divorce goes through it's time-taking process.