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Plaxerous

B-2 Visa Extension Timing and Filing Requirements?

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My mother-in-law will visit soon on a B-2 Visa for the primary purpose of helping caring for my pregnant wife and our soon-to-be newborn. She would like to stay here for an entire year to help us care for the baby - do I have a strong case to file for I-539, Extension of Stay? If so, should I file the day she arrives since processing can already take up to 6 months? I'll be able to provide evidence of a return ticket (before her 6 months are up), our ability to financially support her, etc.

 

Thanks in advance!

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Filed: K-1 Visa Country: Wales
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Sadly B2 does not allow work.

“If you know the enemy and know yourself, you need not fear the result of a hundred battles. If you know yourself but not the enemy, for every victory gained you will also suffer a defeat. If you know neither the enemy nor yourself, you will succumb in every battle.”

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Filed: F-2A Visa Country: Nepal
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2 hours ago, Plaxerous said:

do I have a strong case to file for I-539, Extension of Stay?

If she mentions that reason of taking care of your wife and baby, she may be denied entry at POE as well, i539 approval is remotely unlikely. 
 

However, if she gives the reason of spending some more family time with the new born grandkid for bonding and such, i539 may be approved.


 

 

Spouse:

2015-06-16: I-130 Sent

2015-08-17: I-130 approved

2015-09-23: NVC received file

2015-10-05: NVC assigned Case number, Invoice ID & Beneficiary ID

2016-06-30: DS-261 completed, AOS Fee Paid, WL received

2016-07-05: Received IV invoice, IV Fee Paid

2016-07-06: DS-260 Submitted

2016-07-07: AOS and IV Package mailed

2016-07-08: NVC Scan

2016-08-08: Case Complete

2017-06-30: Interview, approved

2017-07-04: Visa in hand

2017-08-01: Entry to US

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Myself:

2016-05-10: N-400 Sent

2016-05-16: N-400 NOA1

2016-05-26: Biometrics

2017-01-30: Interview

2017-03-02: Oath Ceremony

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Maybe I phrased my post wrong, but we won't be using our mother-in-law as a primary caretaker or babysitter. She just wants to be around her daughter and grandkid longer. I guess if I phrase it more like spending time around family, that would work?

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12 hours ago, Plaxerous said:

Maybe I phrased my post wrong, but we won't be using our mother-in-law as a primary caretaker or babysitter. She just wants to be around her daughter and grandkid longer. I guess if I phrase it more like spending time around family, that would work?

It is still a risk. Denials for extensions for that long are not uncommon . We know that CBP frown upon people staying longer that needed and are quick to deny entry or extensions. Also, "She just wants to be around her daughter and grandkid longer" may not be a viable reason for an extension to live an entire year.

 

A better, less risky option would be for the MIL to break up her visits into shorter visits. Because even if she gets approved for the extension, they would likely not allow her entry again for a while. So your MIL may spend a year here now, but then would have to stay away for maybe over another year or 2. The general rule of thumb is to stay 1 to 1.5 days outside the US for every day you are in before returning. You don't want to risk having your MIL losing her ability to travel again in the near future.

 

 

“When starting an immigration journey, the best advice is to understand that sacrifices have to be made... whether it is time, money, or separation; or a combination of all.” - Unlockable

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Filed: Citizen (apr) Country: Myanmar
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15 hours ago, Plaxerous said:

Maybe I phrased my post wrong, but we won't be using our mother-in-law as a primary caretaker or babysitter. She just wants to be around her daughter and grandkid longer. I guess if I phrase it more like spending time around family, that would work?

You can’t unring a bell.  
 

You’ve already established the she  intends to visit for a purpose outside the permitted use of her visa. The duration of the stay isn’t the primary issue now.  

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Filed: Country: Sierra Leone
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1 hour ago, Mike E said:

You can’t unring a bell.  
 

You’ve already established the she  intends to visit for a purpose outside the permitted use of her visa. The duration of the stay isn’t the primary issue now.  

I disagree with this. In many cultures is very common for grandparents to help care for grandkids. They don’t get paid for this, it’s spending time with family. This still falls under tourism. 
 

the issue indeed is the time she wants to stay (and knows this going in), better off breaking up the trip as someone else has mentioned or if she is eligible to be petitioned for- go that route 

 

I-129F NOA1 : 2009-06-15

I-129F NOA2 : 2009-09-16

NVC Received : 2009-09-22

Consulate Received : 2009-09-28

Packet 3 Received : 2009-10-14

Packet 3 Sent :

Packet 4 Received :

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Filed: Citizen (apr) Country: Taiwan
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26 minutes ago, Kanja said:

I disagree with this. In many cultures is very common for grandparents to help care for grandkids. They don’t get paid for this, it’s spending time with family. This still falls under tourism. 

Except that CBP has denied entry for this.  It does not fall under tourism as worded by the OP. 

"The US immigration process requires a great deal of knowledge, planning, time, patience, and a significant amount of money.  It is quite a journey!"

- Some old child of the 50's & 60's on his laptop 

 

Senior Master Sergeant, US Air Force- Retired (after 20+ years)- Missile Systems Maintenance & Titan 2 ICBM Launch Crew Duty (200+ Alert tours)

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______________________________________

In summary, it took 13 months for approval of the CR-1.  It took 44 months for approval of the I-751.  It took 4 months for approval of the N-400.   It took 172 days from N-400 application to Oath Ceremony.   It took 6 weeks for Passport, then 7 additional weeks for return of wife's Naturalization Certificate.. 
 

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Filed: IR-1/CR-1 Visa Country: Ghana
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Also, you are never guaranteed 6months at a time. I have an in-law who was given 3months on her first visit. I checked her I-94 and it was true. So CBP will determine duration of stay; although typically it's 6months.

Edited by nastra30
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Filed: Citizen (apr) Country: Taiwan
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A denied I-539 can have some unwanted consequences. 

"The US immigration process requires a great deal of knowledge, planning, time, patience, and a significant amount of money.  It is quite a journey!"

- Some old child of the 50's & 60's on his laptop 

 

Senior Master Sergeant, US Air Force- Retired (after 20+ years)- Missile Systems Maintenance & Titan 2 ICBM Launch Crew Duty (200+ Alert tours)

Registered Nurse- Retired- I practiced in the areas of Labor & Delivery, Home Health, Adolescent Psych, & Adult Psych.

IT Professional- Retired- Web Site Design, Hardware Maintenance, Compound Pharmacy Software Trainer, On-site go live support, Database Manager, App Designer.

______________________________________

In summary, it took 13 months for approval of the CR-1.  It took 44 months for approval of the I-751.  It took 4 months for approval of the N-400.   It took 172 days from N-400 application to Oath Ceremony.   It took 6 weeks for Passport, then 7 additional weeks for return of wife's Naturalization Certificate.. 
 

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Filed: K-1 Visa Country: Wales
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58 minutes ago, Crazy Cat said:

A denied I-539 can have some unwanted consequences. 

Actually an approved one can, an interesting discussion when next one is applied for or subsequent attempt at entry 

“If you know the enemy and know yourself, you need not fear the result of a hundred battles. If you know yourself but not the enemy, for every victory gained you will also suffer a defeat. If you know neither the enemy nor yourself, you will succumb in every battle.”

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9 hours ago, Kanja said:

I disagree with this. In many cultures is very common for grandparents to help care for grandkids. They don’t get paid for this, it’s spending time with family. This still falls under tourism. 
 

the issue indeed is the time she wants to stay (and knows this going in), better off breaking up the trip as someone else has mentioned or if she is eligible to be petitioned for- go that route 

 

US immigration/CBP rules don’t follow those cultural norms.   B visas are not for living in the US, which is obviously the plan for OP’s MIL.   She needs the correct visa for that.

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Filed: Country: Sierra Leone
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26 minutes ago, Jorgedig said:

US immigration/CBP rules don’t follow those cultural norms.   B visas are not for living in the US, which is obviously the plan for OP’s MIL.   She needs the correct visa for that.

That makes sense, thanks for the insight/context

I-129F NOA1 : 2009-06-15

I-129F NOA2 : 2009-09-16

NVC Received : 2009-09-22

Consulate Received : 2009-09-28

Packet 3 Received : 2009-10-14

Packet 3 Sent :

Packet 4 Received :

Interview Date :

Interview Result :

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