scottishgal

Hi,

I followed my boyfriend out here in August on a B2 visitor visa valid for 6months. He is out here with work for 3 years on an E2 visa. Getting the visa in London was no problem but I had some questioning on arrival in August.

My visa is valid for the same period as my partners (May 2010) and has his name as the annotation. I have always made it clear I intend to stay here for the duration of his 3year work contract and to apply for extension every 6months.

Although it doesn't expire until February, I am going back to the UK for Christmas before returning early January. I am then planning on going back to the UK for 2weeks in February - It so happens that when I leave in Feb it is before my original 6months runs out.

My problem is when do I apply for extension of my visa? I know not to do it too early but I want to have the extension granted before I leave for Christmas. Also do I need to apply or is there a chance my new I-94 will give me another 6months automatically?

Any help or advise would be great.

Thanks.

scrubbedexpat099

2010, before your Visa runs out.

Your status is determined by the I94 stamp you receive each time you enter.

crg

Any extension you apply for or receive will be null and void once you depart the US so save your money. You can seek a new 6mo admission on the way back from the UK visit instead of seeking the extension in the US. You should be prepared to show evidence that you are being supported by your boyfriend, you are still in the relationship and anything that can help satisfy them that you don't need to work in the US. Evidence that you are maintaining an unrelinquished foreign residence that you have no plan to abandon should be brought as well. It is a requirement of the B2 classification.

scrubbedexpat099

It is also a requirement of an E2 theoretically.

Just wondered if this was such an issue as she got her B on the back of an E?

scotsman1972

What about renewing the I94 - can that be done from the US or is a trip abroad required every 6 months?

scrubbedexpat099

Theoretically you can seek an extention.

Practically difficult to obtain one.

Ray

http://travel.state.gov/visa/laws/te...rams_1414.html

crg

Yes, E2 also needs a foreign domicile, but there is less concern that the E is doing unauthorized work. A B2 here for years on end could eventually get bored, and want to do some gainful employment under the table. It's far-fetched that an unmarried partner would put their lives and career on hold for 3 years or more without working.

The B2 in lieu of a dependent H, L, E etc is sort of a bastardization of the B2 concept. Frankly, it doesn't fit. The state department foreign affairs manual addresses it, but the INA doesn't really address it (unless I can't find it). If they want to issue visas for accompanying unmarried bedmates, they should have a special category for it because a B2 is mainly for visiting and not cohabitating. The way I see it, if the employed alien doesn't wish to make a commitment to the B2 then they shouldn't be allowed to play house in the US. I have less of a problem with the same sex partners in similar situations because they couldn't commit even if they wanted to.

Most border officers will defer to the state department and hope they know what they're doing when they issue it. Some officers who don't know about the B2 in lieu will often hassle these people. Technically, B2 in lieu are supposed to apply for extensions to get more time, but entering/reentering isn't expressly forbidden. They shouldn't really go to Mexico for 10 minutes to do it, because USCIS has more time to consider evidence of compliance through the extension process.

In this case, filing for an extension and then departing to to visit the UK would essentially be flushing the I-539 fee down the toilet because the application would be abandoned.

Ray

That was a requirement in the early days but no longer ...

Kevin Keane

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I see you already got some excellent answers. Just throwing in some
additional thoughts here.

scottishgal wrote:

    >
    > Hi,
    >
    > I followed my boyfriend out here in August on a B2 visitor visa valid
    > for 6months. He is out here with work for 3 years on an E2 visa.
    > Getting the visa in London was no problem but I had some questioning on
    > arrival in August.
    >
    > My visa is valid for the same period as my partners (May 2010) and has
    > his name as the annotation. I have always made it clear I intend to
    > stay here for the duration of his 3year work contract and to apply for
    > extension every 6months.

Good move. In such cases, it is not unheard of for the CBP officer at the
airport to actually grant you one year instead of the usual six months. One
year is the maximum for a B-2. I have actually heard of at least one case
where an officer went out of his way and granted the person the full three
years upon entry, so no extensions would be required. This was technically
against the regulations, although in this case it made sense.

    > Although it doesn't expire until February, I am going back to the UK for
    > Christmas before returning early January. I am then planning on going
    > back to the UK for 2weeks in February - It so happens that when I leave
    > in Feb it is before my original 6months runs out.

As others already said, that is completely irrelevant. Your original six
months will be cut short when you leave for Christmas. When you return, you
will be given a new six months, starting in January. Same thing when you
leave again in February.

    > My problem is when do I apply for extension of my visa?

You should do it shortly before May 2010 (unless your visa is a single-entry
visa). Note that the visa has nothing to do with your actual question. I
would like to point you to my FAQ site at http://www.kkeane.com to explain
the difference between visa and status. Hopefully, this will help answer
your questions (and ease your anxiety).

    > I know not to do it too early but I want to have the extension granted
    > before I leave for Christmas.

As others have already pointed out, that's moot because you are leaving for
Christmas... With your travel plans, the first time you would have to
extend anything is probably around August 2006, when the six months from
the return from your February trip run out.

    > Also do I need to apply or is there a chance my new I-94 will give me
    > another 6months automatically?

Not only a chance, but a certainty. The only thing that would need extending
is the I-94 in the first place.

- --
Please visit my FAQ at http://www.kkeane.com before asking a question here.
It may answer your question. Remember, I am strictly a layperson without
any legal training. I encourage the reader to seek competent legal counsel
rather than relying on usenet newsgroups.
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scottishgal

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I see you already got some excellent answers. Just throwing in some
additional thoughts here.

scottishgal wrote:

    >
    > Hi,
    >
    > I followed my boyfriend out here in August on a B2 visitor visa valid
    > for 6months. He is out here with work for 3 years on an E2 visa.
    > Getting the visa in London was no problem but I had some questioning on
    > arrival in August.
    >
    > My visa is valid for the same period as my partners (May 2010) and has
    > his name as the annotation. I have always made it clear I intend to
    > stay here for the duration of his 3year work contract and to apply for
    > extension every 6months.

Good move. In such cases, it is not unheard of for the CBP officer at the
airport to actually grant you one year instead of the usual six months. One
year is the maximum for a B-2. I have actually heard of at least one case
where an officer went out of his way and granted the person the full three
years upon entry, so no extensions would be required. This was technically
against the regulations, although in this case it made sense.

    > Although it doesn't expire until February, I am going back to the UK for
    > Christmas before returning early January. I am then planning on going
    > back to the UK for 2weeks in February - It so happens that when I leave
    > in Feb it is before my original 6months runs out.

As others already said, that is completely irrelevant. Your original six
months will be cut short when you leave for Christmas. When you return, you
will be given a new six months, starting in January. Same thing when you
leave again in February.

Thanks very much for everyones advice. I was confused if I should be asking for extension or if it was irrelevant because I was leaving the country. It will probably be the case that I go back to the UK every six months or so anyway so I may never need to apply for an extension. Just have to hope I get a nice officer on my returns.

Thanks again.

crg

Wow. 3 years ona B2 initial entry? I doubt that was a lawful admission and most likely an error. The regulations limit B2 to a max of 1 year at entry.

Kevin Keane

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crg14624 wrote:

    > Wow. 3 years ona B2 initial entry? I doubt that was a lawful
    > admission and most likely an error. The regulations limit B2 to a max
    > of 1 year at entry.
    >

I know, I was surprised, too. To me, it seemed more that the admitting
officer bent over backwards, and, yes, possibly beyond what regulations
allowed. Since I didn't memorize every word of the regulations, I wouldn't
completely rule out that there is an exception for such special cases.

The situation was slightly different, but I don't think in material ways. In
that case, the B-2 was a minor. The H-1B had custody but was not a parent
for US immigration purposes. That's why an H-4 was not available.

- --
Please visit my FAQ at http://www.kkeane.com before asking a question here.
It may answer your question. Remember, I am strictly a layperson without
any legal training. I encourage the reader to seek competent legal counsel
rather than relying on usenet newsgroups.
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crg

I've heard of a Bangladeshi refugee with a Swedish ref travel document admitted as a TN for five years.

Anything can happen if the guy at the border doesn't know what he's doing.

Kevin Keane

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crg14624 wrote:

    >
    >> crg14624 wrote:
    >> > Wow. 3 years ona B2 initial entry? I doubt that was a lawful
    >> > admission and most likely an error. The regulations limit B2 to a
    >> > max
    >> > of 1 year at entry.
    >> >
    >> I know, I was surprised, too. To me, it seemed more that the admitting
    >> officer bent over backwards, and, yes, possibly beyond what
    >> regulations
    >> allowed. Since I didn't memorize every word of the regulations, I
    >> wouldn't
    >> completely rule out that there is an exception for such special cases.
    >> The situation was slightly different, but I don't think in material
    >> ways. In
    >> that case, the B-2 was a minor. The H-1B had custody but was not a
    >> parent
    >> for US immigration purposes. That's why an H-4 was not available.
    >
    > I've heard of a Bangladeshi refugee with a Swedish ref travel document
    > admitted as a TN for five years.

Except for the five years, that would be possible if he was married to a
Canadian or Mexican and had a TN visa in his Swedish document. But you are
right, it is very far fetched.

    > Anything can happen if the guy at the border doesn't know what
    > he's doing.

I have seen an H-1B admitted for Duration of Status. Also very
inconsistently until the expiration date of the petition vs. until the
expiration date of the petition + 10 days.

You are right, anything can happen...

In the above example, though, it seems that the guy at the border did know
what he was doing - at least according to the person who told me this
story.

- --
Please visit my FAQ at http://www.kkeane.com before asking a question here.
It may answer your question. Remember, I am strictly a layperson without
any legal training. I encourage the reader to seek competent legal counsel
rather than relying on usenet newsgroups.
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