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Late Visa Extension due to a rare situation.

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  • Late Visa Extension due to a rare situation.

    - Mother In Law has 10 year B2 multiple entry valid until 2015.
    - Currently in US until end of April (only got 3 months on arrival on I94) . This is the third visit, prior 2 visits were 2-3 months each.
    - Wife has kidney decease and mother in law want to be a kidney donor and do transplant in USA. We have a letter from the hospital here in USA, requesting her visa extension.
    - The return ticket she had dated a month ago and( agent in India took care of cancelling the return leg).
    - Planning to apply for for the extension in a week.
    - The only other option for her is to return and come back soon which i am worried about rejection at port of entry.

    Questions:
    - How long is the normal processing time?. I read it is about 3-4 months which works well for us. The transplant should happen in May/June. if rejected early, we don't want to be in a situation to leave in the middle of transplant process.
    - Will this extension "approved or rejected" affect her next visit here?
    - Should i apply on her behalf or She should apply herself?
    - I did the affidavit of support during the original B2 application. should i still provide one this time also?
    - Should i provide my bank statement to help the extension application?
    - Should i enclose the expired return ticket?
    - The return ticket i am going to buy and include withe the extension application be dated for the end of 3 months extension right?
    - The only other option for her is to return and come back soon which i am worried about rejection at port of entry.

    Sorry for the long list of questions. Your answers are much appreciated...

  • #2
    She should go for an extension without any hesitation as the reason is fully justified. Such cases are not denied.

    It takes several weeks but she is legal till the response comes-- even if it is after the expiry of her current stay.
    She should apply herself. Her extension would not affect her next visit. But she should save the extension approval
    papers for when she returns next time.

    But you must present all evidence of the situation with your I-539 application.
    The most important would be funding of the surgery.
    Since your MIL would not have regular insurance in USA, how do you plan to fund her part of the surgery?

    I strongly recommed you go to uscis.gov and follow the procedure on "extending my stay in USA".
    It tells you all the documents required.

    Comment


    • #3
      Originally posted by peace999 View Post
      She should go for an extension without any hesitation as the reason is fully justified. Such cases are not denied.

      It takes several weeks but she is legal till the response comes-- even if it is after the expiry of her current stay.
      She should apply herself. Her extension would not affect her next visit. But she should save the extension approval
      papers for when she returns next time.

      But you must present all evidence of the situation with your I-539 application.
      The most important would be funding of the surgery.
      Since your MIL would not have regular insurance in USA, how do you plan to fund her part of the surgery?

      I strongly recommed you go to uscis.gov and follow the procedure on "extending my stay in USA".
      It tells you all the documents required.
      Thank you!.
      Her surgery will be covered by my insurance and it has been confirmed.
      It looks like its better to book the one way return ticket based on the extended stay period.

      Comment


      • #4
        Two things that you should check. Extension must be filed before I-94 expiry. Does the insurance cover the donor as well?
        This is my opinion and not legal advice.

        Comment


        • #5
          Originally posted by kabkaba View Post
          Two things that you should check. Extension must be filed before I-94 expiry. Does the insurance cover the donor as well?
          Thanks. Hospital confirmed with my insurance that both will be covered for the transplant surgery.

          Comment

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