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  • Visa Extension help please

    Hi, I hope someone can give me advice. I entered the USA on 24 July 2013 on a B2 Visa. My husband and 2 children are US citizens, I am not. We live in Australia. I was authorised by CBP to stay in the USA until 23 January 2014 (6 months). My Visa expiration date is 14 April 2014. I would like to apply for a Visa extension until 20 July 2014 so essentially we are here for 12 months. We are travelling and visiting family and friends and have 12 months off work. I have the necessary documentation to prove we can finance our trip, are not intending to reside in the USA and are required to return to work in Australia in July 2014. My queries are:
    1. If I am granted a visa extension prior to 23 January 2014, am I still required to leave the country before this time?
    2. Must I leave North America or can I just go to Dominican Republic or Mexico?
    3. How long should I stay out of the country before re-entering?
    4. Do I even need to apply for a Visa extension? If I leave the USA before 23 January 2014 and re-enter, say, a couple of weeks later, can the CBP official authorise another 6 month stay in the USA until July 2014, despite my Visa expiry date being 14 April 2014?
    I appreciate anyone's assistance. Thanks.
    Last edited by HortsLC; 10-28-2013, 08:24 PM.

  • #2
    First of all, there is a big difference in STAY and VISA. If you apply inside US, it will be an extension of your STAY and not your visa. your visa will remain as it is , valid till April '14. But that won't matter.' As Stay CAN always be granted beyond the visa expiry date.
    On the other hand, VISA has relevance only when you are outside US.

    Q1, 2,3---If the extension of your STAY is approved , you will not have to leave US.
    You will be given a new period of authorized stay.

    Q4. That is not allowed. You will be questioned for returning so quickly after spending 6 months in US with a pleasure purpose.
    Though they can cancel your visa and send you back , in practice , CBP will likely admit you for a short stay like 1-2 months with a warning.
    That is if you can convince them with a plausible reason.
    This route is not advisable. If you stay 6 months , keep the next visit another 5-6 months away ( barring genuine events).

    You should have applied for your extension earlier . It takes them long to respond like 2-3 months. If it happens to be a denial and comes
    after Jan 23, you will become out of status and will have to leave asap. The USCIS computer will record an overstay when you depart
    after Jan 23, and you will have to save all the extension application papers for CBP convincing on your next visit to US.

    Apply for your extension on line asap and hope the response is affirmative . And comes before jan 23.
    Good luck
    Last edited by peace999; 10-29-2013, 08:18 AM.

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    • #3
      Thanks for the info, I wasn't sure if a STAY could be granted beyond a Visa expiry date, but you have clarified that for me. Gosh I can't believe how difficult it is to travel around the States for 12 months! Two more questions:

      1. My current return ticket is dated April 2014 (just before my Visa expiry). When I originally booked the tickets I wasn't sure how long they would grant me to stay. Is this going to go against me with my extension application? Would it look like I intended to stay longer right from the start?

      2. All the information I have read online states you should apply for the extension within 45 days of the I-94 expiring. Why do you say to apply 3 months in advance? I also read that applying within 3 months of arriving in the US is not a good idea as it looks like your original intention was to stay longer.


      Originally posted by peace999 View Post
      First of all, there is a big difference in STAY and VISA. If you apply inside US, it will be an extension of your STAY and not your visa. your visa will remain as it is , valid till April '14. But that won't matter.' As Stay CAN always be granted beyond the visa expiry date.
      On the other hand, VISA has relevance only when you are outside US.

      Q1, 2,3---If the extension of your STAY is approved , you will not have to leave US.
      You will be given a new period of authorized stay.

      Q4. That is not allowed. You will be questioned for returning so quickly after spending 6 months in US with a pleasure purpose.
      Though they can cancel your visa and send you back , in practice , CBP will likely admit you for a short stay like 1-2 months with a warning.
      That is if you can convince them with a plausible reason.
      This route is not advisable. If you stay 6 months , keep the next visit another 5-6 months away ( barring genuine events).

      You should have applied for your extension earlier . It takes them long to respond like 2-3 months. If it happens to be a denial and comes
      after Jan 23, you will become out of status and will have to leave asap. The USCIS computer will record an overstay when you depart
      after Jan 23, and you will have to save all the extension application papers for CBP convincing on your next visit to US.

      Apply for your extension on line asap and hope the response is affirmative . And comes before jan 23.
      Good luck
      Last edited by HortsLC; 10-29-2013, 02:08 PM.

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