pigletsweet

Haha,

Well you should I say Guys? have helped an awfull lot...an immigration lawyer would be an idea i feel as not knowing weather to hold fire on Mums visa or just VWP it /B2 it...is goin to cause probs if we are unsure i guess.

Farting is allowed..I'm used to it I have 3 brothers oh well women fart but were a little more subtle..sometimes

Emily B

I thought a B2 visa is valid for six months and then it is possible that it could be extended for a further six months. However, it is not guaranteed that extension will be approved?

Personally, I really do think the OP's family really needs to think out what they are doing. For example, without Social Security Numbers, then most expat health policies will not cover individuals for more than 90 OR 120 days per year in the US. And the policies that are generally available to B2 visa holders arent as extensive as those available for those that have Social Security #s. Things like car insurance can also be tricky, to cut the insurance premiums, then it is better to drive on a US license as opposed to an overseas license.. I have no ideas as to how the DMV works in FL, but lets see if the OPs mom can get a FL license, using her passport and whatever visa... then that drivers license will only be valid for the extent of her stay as per her visa. I am sure there are other things too.

pigletsweet

Should Dad go to work or train in the states..is it not easier she waits until he secures either a H1B/TN...that way she can go along but I know she can not work ect. As for driving, I know Dad knows he has to take FL USA course or something...and Mum? well Im not sure there.

Fortunately I have seen many people on this forum gain stuff even with bad credit..and Dads credit is good but how his finances go..Im not sure that would make much difference since they both need to adhere to the terms of their stay until GC is tied in to Dads work.

Wow lots to think about here. Wonderfull work guys..thank you for being so helpfull and bein kind with it too

S Folinsky

General comment: there is a difference between a "visa" and "admission." Although "visa" is a defined term, it is quite common for the term "visa" to be used in describing the terms of a current admission -- even the courts do that quite often. The regulations [at 8 CFR 214.2] provide that a B-2 visa holder can be admitted for a period of not more than one year. However, it sets for a minimum admission period of six months, with authority to make it less if there is good reason. The practical effect is that B-2 admissions are almost always for six months. Extensions of stay of not more than six months can be applied for.

pigletsweet

Quite.

It is just working out which would be best for Mum.

Although the update is apprantly they are 'boarding' little one in school.
So with a VWP (Or b2) at the point of entry...if Mum is asked why she is travelling she could say..to put my son in to his new boarding school? or would that still seem like inten to migrate..either way by the time the 90 days is up for mum (should she take vwp..) Dad will be back at work.

She would just have to return to UK to file for new visa under him as TD or whatever. I hope!!

Thank you

crg

Oops. I withdraw the 180 figure and I'll try to hang my hat on non-controlled Canadians being allowed to remain for up to six months because (as you pointed out) the regs state that they "generally" get six months. I probably mixed up information for Bermuda on the DOS site that stated Bermudians can travel without a visa for up to 180 days. I'm starting to wonder if something went missing when they rewrote the regs to accomodate WHTI.

I've heard of Canadians getting a B-2 for less time, but sometimes for up to a year to attend a medical clerkship or receive medical treatments. They seem to get an I-94 when it is more or less than a 6 month non-controlled admission.

I do concur that Canadians who don't get an I-94 are treated as D/S for unlawful presence calculations. We likely read the same 51 page memo on unlawful presence.

I enjoy delving into these issues. It works well when we specifically explain where we disagree on things. It's more informative for everyone that way.

Jerseygirl

Pigletsweet...I'm just a little confused why your brother is starting school in July? Maybe it's different in Florida but private schools here finish from early June until the school year begins in late August.

pigletsweet

Ah no Jerseygirl..The family wanted to go there in July around 30 days before he starts in August

Jerseygirl

I was just thinking that if school started at the end of August...they needn't be in the US until that time. That would then allow your mum to stay here until late November...in which time her visa situation may be sorted.

S Folinsky

Request: Please do not misquote me. Please do not misstate what I say. Lifehouse51 gave a good example in this thread of asking a question -- I did not hesitate to acknowledge that he was correct and that I had learned something new.

Comment: Department of State has nothing to do with the length of admission. They do have the authority to designate classes of people who will be exempt for visa requirement. With Lifehouse51, I looked at the regulations and found that he was right. With you, I looked at the State Department regulations and the Foreign Affairs Manual -- and neither had anything at all on the subject of the terms of admission.

Opinion: Although I refrain from giving advice on this forum, I do believe that the ethos of these forums is that any information posted should be accurate. You are free to disagree.

pigletsweet

Evening (here) jereseygirl and My folinsky.

Thanks for your kind words

Jerseygirl thats sweet of you to consider how to help I very much appreciate your concern and that infact is a good idea..do you mean for Mum to go to the states for the 3months on a VWP. By which time their situation may be sorted?

Mr F. I quite agree..and you too have been most helpfull thank you for being honest enough thats a rare quality stick with it.

Thanks again people

Rete

Your opinion is not altogether correct. While misinformation is at times given the purpose of the forum is to correct misinformation by posting the correct information. We do not go back and delete the incorrect posting or cut and delete at will.

S Folinsky

I am in total agreement with the above sentiment.

scrubbedexpat099

Puting aside plans for the parents, why does his mother have to be in the US for any length of time?

Presumably a week or so to get him settled and then either to visit for the Xmas hols or he would go home?

I did not actually Board, but Boarders were in the majority at my school.

Jerseygirl

She doesn't and neither the mother or son needs to be in the US before the start of the new school year. In an ideal world it would be nice if they could settle in for a month or so...but as we all know this is not an ideal world.

I think the plan was to try to get the family together a.s.a.p.