B2 Visitor Visa Extension: How?

[MUSTSONI]

Hi,

My Mom-in-law has been granted a 3 month B2 visitor visa( from 18th June till 17th Sept '09).

The reason I had stated in the Invite letter was for Site-seeing and also to take care of my wife(7 months pregnant currently) during the course of the stay.

She is yet to depart from India for the US, the intention was to get my mom-in-law to look after 3 weeks pre-delivery and 4 weeks post-delivery. My wife is due during the 1st week of October and my mom-in-law's visa would expire on 17th Sept.

1) Can I apply for her extension before she visits US. ie.when she is in India itself?
2) Can medical reasons(post delivery complications) be a sufficient reason to argue her reason for extension?
3) What is the processing time of the USCIS after filing for extension of I-539?
4) I need to apply for extension 4-6 weeks before the I-94 departure date? What if my Mom-in-law overstays till the response from the consulate comes on her extension?

[orion]

1) Can I apply for her extension before she visits US. ie.when she is in India itself?
2) Can medical reasons(post delivery complications) be a sufficient reason to argue her reason for extension?
3) What is the processing time of the USCIS after filing for extension of I-539?
4) I need to apply for extension 4-6 weeks before the I-94 departure date? What if my Mom-in-law overstays till the response from the consulate comes on her extension?

All questions are invalid. Her period of stay will be governed by the expiry date on I-94 she gets at PoE. Taking care of anyone who is pregnant is not a valid reason for application of visitors visa, no wonder such a restrictive visa was given. Return before I-94 expiry date for better future prospect of visiting US. You may get a I-94 of 6 months, but then you may also get an I-94 of any lesser duration as judged by officer at PoE given your restricted visa.

[smohanty]

It is very surprising that your m-i-l has only received a 3 month visa. That means the VO has serious doubts about her intent to return.

This could be either because she could not provide adequate evidence of her ties to India or alternatively it could be because she has overstayed in the US before.

My advice to you would be that if you ever intend to have her back to the US after this trip then don't try to get an extension. If she takes an extension then the chances of her being approved for another visitors visa ever again is going to be next to impossible.

3 weeks pre-delivery plus 4 weeks post-delivery will still be only 7 weeks and she has been granted a visa for 12 weeks.

Let her return after the 12 weeks are up and after that either have your parents over or try to have your wife and infant go to India as soon as your infant receives his/her first set of vaccinations.

Good luck

[orion]

My advice to you would be that if you ever intend to have her back to the US after this trip then don't try to get an extension. If she takes an extension then the chances of her being approved for another visitors visa ever again is going to be next to impossible.

3 weeks pre-delivery plus 4 weeks post-delivery will still be only 7 weeks and she has been granted a visa for 12 weeks.

Let her return after the 12 weeks are up and after that either have your parents over or try to have your wife and infant go to India as soon as your infant receives his/her first set of vaccinations.

Good luck

You did not get the point.

[smohanty]

You did not get the point.

Actually I did. My post was simply based on the assumption that his m-i-l is only granted a 3 month stay at her point of entry in the US.

If she is granted a longer stay then the problem is automatically solved.

[MUSTSONI]

Visa Extension request at the PoE

All questions are invalid. Her period of stay will be governed by the expiry date on I-94 she gets at PoE. Taking care of anyone who is pregnant is not a valid reason for application of visitors visa, no wonder such a restrictive visa was given. Return before I-94 expiry date for better future prospect of visiting US. You may get a I-94 of 6 months, but then you may also get an I-94 of any lesser duration as judged by officer at PoE given your restricted visa.

What is the surety that the Immigration officer at the PoE would grant her an I-94 of 6 months? What would be required to convince the Immigration officer at PoE that she is genuinely come to attend the pregnancy of my wife and do site-seeing as well and the 3 months on the visa is insufficient. My M-I-L has been granted a visa from 18th June '09 till 17th Sept'09 and my wife is due on 1st week Oct. I would really want my M-I-L to stay beyond the visa period if at all at the PoE they could extend her stay.

[orion]

What is the surety that the Immigration officer at the PoE would grant her an I-94 of 6 months? What would be required to convince the Immigration officer at PoE that she is genuinely come to attend the pregnancy of my wife and do site-seeing as well and the 3 months on the visa is insufficient. My M-I-L has been granted a visa from 18th June '09 till 17th Sept'09 and my wife is due on 1st week Oct. I would really want my M-I-L to stay beyond the visa period if at all at the PoE they could extend her stay.

There is no assurity. The consulate had doubts about her eligibility for a visitor's visa so they gave a restricted visa. Be pleased about it since it was not outright denied, though the purpose of her travel does not really qualifies her for the visa, rather disqualifies her. The duration of I-94 at PoE is at the discretion of the immigration officer, there is no guarantee for any period.