B-2 Visa Extension Timing and Filing Requirements?

[Plaxerous 10]

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!

[Boiler 45,525]

Sadly B2 does not allow work.

[arken 4,197]

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.

 

 

[Plaxerous 10]

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?

[Unlockable 7,314]

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.

 

 

[Mike E 11,739]

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.  

[Kanja 201]

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 

 

[Crazy Cat 41,887]

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. 

[nastra30 2,287]

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 October 5, 2022 by nastra30

[Crazy Cat 41,887]

A denied I-539 can have some unwanted consequences. 

[Boiler 45,525]

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 

[SalishSea 17,836]

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.

[Kanja 201]

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