Mom Wu is already in USA we want to extend or reapply?!

[Magnus1977]

It's amazing how I keep coming back to the Candle for Love when we have questions.

 

My wife MX (Shanghainese) and her mother is Mom Wu.

 

Ok... Mom Wu came to the states in May for a visit (B2 Visa). Her plane ticket date to return to Shanghai is October.

 

MX is studying and we have a 3 year old... we need mom Wu to stay a little longer...

 

MX graduates next July (2012) it would be great if she could stay that long or almost to that time...

 

1. Should we extend her visit... and how would we extend the visa? I found an i-539 form for extension of B2 visa... is that correct? How long does that take? How long can she stay on an extended visa? 3 months? 6 months? our choice? How much? How early should we apply? What if it takes too long?

 

2. Should we send her back and then have her re-apply? How possible is that? It seemed that her initial application and visa interview was simple...nerve wracking but ok in Shanghai. I don't want to risk the second application if it might mean she won't get it.

 

Any responses would be much appreciated!

 

Thanks!

[dnoblett]

Yep you nailed the two options.

 

1) I-539 filed to USCIS is one way to go about this, fee is $290 Good instructions here: http://www.uscis.gov/files/form/m-752.pdf . I would file at least 30-60 days prior to I-94 expiration, and provide good explanation as to why the extension is being requested.

 

2) Return to China and apply for another visa, in this case it is a simple through the mail process, no interview required. B-2 visa is valid 1 year after issue, and again POE may set period of stay to max 6 months, however, they may set shorter if more than 6 month visiting in a period of a year, if that happens then option one above.

[xiaozhu]

Just want to share a story from my friend.

 

She has exact same situation with you. Her mother entered USA to take care of her baby and applied for extension after 6 months stay. The application was deinied. Then the Mom returned China and applied for a visa. She was rejected twice and finally got approved at the third time. I think deinal of extension may has bad impact on her future visa application. I prefer Dan's second suggestion. Certainly if you need Mom truely during this time, give a try.

[Magnus1977]

Thanks you two! We appreciate the info and input. Much to think about.

[Randy W]

It's amazing how I keep coming back to the Candle for Love when we have questions.

 

My wife MX (Shanghainese) and her mother is Mom Wu.

 

Ok... Mom Wu came to the states in May for a visit (B2 Visa). Her plane ticket date to return to Shanghai is October.

 

MX is studying and we have a 3 year old... we need mom Wu to stay a little longer...

 

MX graduates next July (2012) it would be great if she could stay that long or almost to that time...

 

1. Should we extend her visit... and how would we extend the visa? I found an i-539 form for extension of B2 visa... is that correct? How long does that take? How long can she stay on an extended visa? 3 months? 6 months? our choice? How much? How early should we apply? What if it takes too long?

 

2. Should we send her back and then have her re-apply? How possible is that? It seemed that her initial application and visa interview was simple...nerve wracking but ok in Shanghai. I don't want to risk the second application if it might mean she won't get it.

 

Any responses would be much appreciated!

 

Thanks!

 

 

The extension would only add 6 months to her stay - she would have to leave before May, 1 year after her arrival.

 

You didn't say what the expiration date of the visa is, but there is a third option. Have her apply for the extension. Then, just before the visa expires she can leave the country and return - hopefully, with a six month stay on the second entry. I don't know if there are restrictions on doing that, but to play it safe, you could have her stay in China for a month and then return before the visa expires.

[warpedbored]

As long as she lives up to the conditions of her first visa subsequent visas are usually easier to get.