B-2 Visa Duration of Status

[IMELA 0]

My mother in law has B-2 visa and she has been following the 6/6 rule (6 months in the U.S. and 6 months in here home country). This time though, she would like to stay a bit longer than 6 months (I have a daughter whom she loves so much and doesn't want to leave because of her ). Her visa expires this July though, so i was thinking maybe she can leave than (meaning 9 months in the U.S.).

 

The CBP did not include any date to determine the length of authorized stay, so I am not sure what to do. I've been reviewing the glossary as well, but didn't see a definitive answer. 

 

Thanks in advance for your responses,

Imela

[arken 4,197]

You are saying there is no date mentioned in the stamp by the CBP? Even if that is so, check her i94 online, it would show how long can she stay. It’s usually 6 months. You have to apply for extension if planning to stay beyond the validity period. If she stays beyond the validity period without applying for the extension, she is no longer coming back to US on a tourist visa.

[SusieQQQ 11,587]

There is no “6/6 rule”. CBP can decide at any time that she has been abusing her B2 by spending too long too often in the US.

 

Her visa expiry is independent of her i94, it is the latter that matters. Visa expiry only matters for being allowed to use that visa to enter.  So as above, check her online i94. 

[SusieQQQ 11,587]

10 minutes ago, arken said:

You have to apply for extension if planning to stay beyond the validity period. If she stays beyond the validity period without applying for the extension, she is no longer coming back to US on a tourist visa.

And if she applies for the extension and is denied, and she has stayed past her I94 validity date, she is probably no longer coming back on a tourist visa either.

Edited February 12, 2020 by SusieQQQ

[Duke & Marie 1,389]

She’ll need to apply to extend her stay, if she fails to do this she’ll be out of status and void her visa for future visits.. 

 

https://www.uscis.gov/visit-united-states/extend-your-stay

[arken 4,197]

5 minutes ago, SusieQQQ said:

And if she applies for the extension and is denied, and she has stayed past her I94 validity date, she is probably no longer coming back on a tourist visa either.

Agreed.

[SalishSea 18,158]

Why not just petition for her if she wants to live in the US?

[Boiler 46,144]

Sounds like she has been lucky so far, inevitably that comes to an end, the question is when.

[arken 4,197]

27 minutes ago, Boiler said:

Sounds like she has been lucky so far, inevitably that comes to an end, the question is when.

Yes, definitely lucky. My friend’s mom was set aside and questioned for 1.5 hr on her 2nd visit to the US, 8 months after returning from the first US trip. Now she is not planning to visit for at least next 2 years 🤣🤣.

 

 

[geowrian 22,338]

Check her I-94 for the date she is admitted until: https://i94.cbp.dhs.gov/I94/

 

She can file for an extension of status (EOS). That said, her reason for needing an extension likely will not be deemed sufficient for approval. If denied, she will need (Edit: to leave) ASAP. She likely would not be able to visit again in the nearby future.

Sometimes EOS approvals take longer than the time they would be permitted to stay, in which case they will have overstayed anyway. An overstay immediately revokes the visa, and she wou8ld be unlikely to get a new one.

If EOS is approved and this happens before thee expiration of the extended I-94, then she can remain up until the date of the extension. That said, visiting again in the near future would be quite unlikely with such an extended stay.

 

If she goes the EOS route, hopefully she can extend her travel insurance to cover that period.

 

If she is staying 6 months at a tie in the US in a calendar year, she will likely be subject to the US tax system under the substantial presence test. She may or may not be already for this or previous years if she has been staying 6 months in, 6 months out at a time. The rules for the substantial presence test take into portions of visits from previous years.

https://www.irs.gov/individuals/international-taxpayers/substantial-presence-test

 

She may or may not become ineligible for benefits in her home country if she is living within the US more than abroad (Edit: reversed my wording before, sorry).

 

If she intends to continue ~6+ month stays in the US, it might be time to look at getting a green card and just living permanently in the US (visits abroad are still permitted).

Of course sponsorship concerns become relevant at that point.

Edited February 13, 2020 by geowrian

[African Zealot 1,456]

14 hours ago, IMELA said:

she has been following the 6/6 rule (6 months in the U.S. and 6 months in here home country).

The alternative name for that non-rule is gaming the system and will only end one way, and it won’t be pleasant.

[Downloader 199]

5 hours ago, Ray.Bonaquist said:

The alternative name for that non-rule is gaming the system and will only end one way, and it won’t be pleasant.

Agree! Play with fire and you will get burned. 
She is living here half of the year on a Tourist visa. Hope for the best and prepare for the worst.