Rachelward0

Hey guys,

Hoping someone can help.
I have been in the USA 4 months as I have a b2 visa and planned on staying for the full 6 months (have enough money saved etc). Now I read somewhere that you are able to ask for an extension of the b2 visa, I wanted to add on another 3 months, reason bein is that my boyfriend here has a court date and I wanted to act as a witness, which isn't until end of February. Does anyone have experience in extensions and if it's a difficult process?

Many thanks

Rete

Google is your friend.

Extend Your Stay. If you want to extend your stay in the United States, you must file a request with U.S. Citizenship and Immigration Services (USCIS) on the Form I-539, Application to Extend/Change Nonimmigrant Status before your authorized stay expires.

What is the expiration date on the I-94 in your passport?

Please read this site carefully. https://www.path2usa.com/usa-visitor-visa-extension There are serious ramifications if your extension is denied

Rachelward0

Ok I did read up on it, I'm just not sure how easy/difficult it is to get an extension. I can stay up until 20th December.

Rete

Like all things dealing with the USCIS or its branches, nothing is an absolute. Won't know if it will be granted unless you try. Unless you are called as a material witness in the trial, you can still leave by the 20th of December to ensure remaining in status on the original I-94.

crg

The application can take months to process. Be advised that if the extension request is denied and you remained longer than the original authorized period of stay then the visa may be considered void and no longer valid for entry per 222(g). You'd have to replace it in your home country prior to seeking entry again.

STATE 051296

Alien admitted until specified date, applies in timely fashion for extension or change of status, remain in U.S. after date on I-94 expires and application is subsequently denied: subject to 222(g)

Fred16

Agree crg
Extensions can take months, not 3, more like > 7

SanDiegogirl

How did you get a b2 visa in the first place?

Are you not eligible for the VWP?

Rachelward0

So I had a previous b2 denied years ago stupidly applied for one with not understanding vwp, so I've had esta denials since and then got granted a b2 a couple of years ago. I don't want to run the risk of losing the visa I currently have, and if they reply after months then would that count as an overstay if I only have 5weeks until the end of my 1-94? And does anyone know if it's easy or not to get an acceptance. I know for example not to apply for a b2 if u can travel on vwp so I thought people here could advise on whether it's a good or bad idea to even apply for an extension. Thanks again

Noorah101

My understanding is "yes".

My understanding is "not easy".

No personal experience, though.

Rene

Fred16

I would say bad idea to go the extension route.
-I have no first hand experience, but why risk it.

Think from the person making the decision, how can they possibly stay here 6 months and then possibly more without earning.
Leave before your I94 expires and you are best not attempting a return until you have been out at least the time you have been in
You also do not want the IRS after you

Rete

Why not just take the easiest route and leave on time and return to the US at the time of the trial to be a witness. If that is not feasible go to his attorney's office and have a deposition taken of your testimony to be introduced at the trial as evidence. You are then in the clear on the visa route and live to come back to the US without hinderance.

Orangepants

Unless you have a valid reason then you should not extend your B2. My husband did a change of status using the I-539, so not the same thing but along similar lines, making a case to stay and showing evidence of why the need to stay. Note it should be a "need" not a "want". IMO you do not have a valid reason.

Having said that you can submit it and then by the time it is processed, the court case will have come and gone so you could stay until a decision is made on the extension but if the decision is no then, as others have made, you've lost the visa. Depends on your risk tolerance (and future plans).

Rachelward0

Ok thank u for all the helpful advice I really appreciate it. It's a small claims court of 10,000 so attourneys aren't actually involved, but me speaking would be quite crucial. Because I've already been here for so long, I'm not sure if I'm out for a few weeks for example if I went to Canada or something or even the UK and then travelled back before the case went to court that would be long enough out of the county (will only be 2 months) when I've been here will be 6 months).