hayley82

Hi, I've got a B2 visa and have to go home every 6 months.

The last time I came through immigration the guy told me I could apply for an extention and stay longer (due to go back again in September). He said it was just a case of sending in some money and a form.

I quite like going home every 6 months so didn't ask any more about it, however,now we are talking about going home for Christmas, so to save money I'm thinking about applying for an extention.

Has anyone ever done this before? I just want to know how I go about doing it, how much does it cost, and if it might affect me when I come back after Christmas...Do I have to stay in UK longer if I've had an extention?...
Might they only let me in for 3 months instead of 6?

Any help would be great, thanks.

scrubbedexpat099

Usually you have to have some overwhelmingly palusable reason, like unable to travel due to medical reasons.

I am not aware of any downside in applying, could just be a waste of money.

To state the obvious it sounds like you need an immigrant visa which I presume is not possible/practicable.

You might also be getting into the hands of the IRS.

fatbrit

You're running on luck at the moment. Eventually it will run out... Applying for an extension will probably just make it run out earlier. The B2 is not intended for permanent US residence.

Ingo Pakleppa

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When you say "going home every six months" how long do you stay "home?"
You usually should not be using the B-2 more than once in a 12 month
period, so after six months in the USA, you should stay home for at
least six months. The officer seems to have been very nice by pointing
you to the option of filing an extension. If you have spent the majority
of time in the USA, he could just as well have denied you admission
altogether; it would be quite common. Everything depends on
circumstances and why you spend so much time in the USA.

Fundamentally, his information is correct. You file form I-539 and pay
$195 (currently). The first time you request an extension, it is often
granted without too much fuss. A second extension will receive a lot of
scrutiny, though, and with you having spent much time in the USA, odds
of approval are even slimmer.



hayley82 wrote:
    | Hi, I've got a B2 visa and have to go home every 6 months.
    |
    | The last time I came through immigration the guy told me I could apply
    | for an extention and stay longer (due to go back again in September). He
    | said it was just a case of sending in some money and a form.
    |
    | I quite like going home every 6 months so didn't ask any more about it,
    | however,now we are talking about going home for Christmas, so to save
    | money I'm thinking about applying for an extention.
    |
    | Has anyone ever done this before? I just want to know how I go about
    | doing it, how much does it cost, and if it might affect me when I come
    | back after Christmas...Do I have to stay in UK longer if I've had an
    | extention?...
    | Might they only let me in for 3 months instead of 6?
    |
    | Any help would be great, thanks.
    |


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hayley82

Thank you! you have helped me make up my mind!

I got the visa on the back of my boyfriend's L1, I havn't had any trouble with immigration yet...been here for almost a year now.

Looks like I'll be going home in September and December then!!

fatbrit

Is bf planning on attempt conversion to GC or returning home after a while?

Ingo Pakleppa

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hayley82 wrote:
    |>You're running on luck at the moment. Eventually it will run out...
    |>Applying for an extension will probably just make it run out earlier.
    |>The B2 is not intended for permanent US residence.
    |
    |
    | Thank you! you have helped me make up my mind!
    |
    | I got the visa on the back of my boyfriend's L1, I havn't had any
    | trouble with immigration yet...been here for almost a year now.

Very important piece of information, I'm glad you mentioned that. This
is an exception to the rule. In this case, it is perfectly OK to be in
the US for a long as he is in L-1 status. It is OK to travel back to the
UK every six months, and it would also be OK to apply for extensions of
the B-2 without leaving the US. In this specific case, getting even
second, third etc. extensions approved should be OK.

By the way, in this case, it would also be OK to ask the officer at the
airport if he could admit you for one year instead of the usual six
months (one year is the maximum they are supposed give you on B-2. This
is only for unusual circumstances, exactly such as yours. I have also
heard of rare cases where officers gave somebody in similar
circumstances even more, the full length of the L-1, even though that
really wasn't covered by the law).

That said, I would strongly urge you to get married (assuming that you
are female). You would be eligible for an L-2 that would not require
frequent extensions. You would also be eligible for employment
authorization. It is of utmost importance to get married if he plans to
apply for a Green Card. And let's not forget the tax advantages.

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My email address in usenet posts is now invalid for Spam protection.
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hayley82

Not too sure yet, I think they might have started talks about that at his work, but no plans yet.

hayley82

Yes, we talked about it last night, because I got worried, and figured mine was the exception as my visa clearly states accompanying partner on L1.

When we went to the interview at the Embassy we were told we should get married to make things easier and so I could work. We did think about it, but decided a visa wasn't the greatest reason to have a quick wedding!

Thanks for the advice.
Hayley

Ivonne

Ingo,

you have mentioned here and in earlier posts, that getting a B2-visa as a partner of a non-immigrant is a perfectly valid reason. Is there something in writing (in immigration rules or whereever) where this is stated?
Recently, somebody I know was denied a B2-Visum (Boyfriend has H1B) on the grounds that the reason for B2 is not a valid one for B2. (That was in Germany).
If that's not reason enough...

Ray

http://www.shusterman.com/b2-domptrs.html
http://www.lgirtf.org/template.php?pageid=155

scrubbedexpat099

But a bit of a Catch 22:

From Ray's second link:

So, if, for example, my partner has an H-1B visa, is it automatic that I can come to the U.S. with her?

Nothing in immigration is automatic. Although your partner's H-1B status makes you eligible to apply for a B-2 visa, you must still independently qualify for a B-2 visa. This means that you must prove to U.S. Immigration that your intent is not to remain in the U.S. permanently. Thus you must prove that you still have strong ties to your own country such as owning real estate, having secure employment, and/or having strong family ties. This can get complicated when the principal visa holder (in this example, the H-1B) plans to be in the U.S. for three to six years and is not required to maintain a foreign residence.

Ingo Pakleppa

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hayley82 wrote:

    | Yes, we talked about it last night, because I got worried, and
    | figured mine was the exception as my visa clearly states accompanying
    | partner on L1.

    | When we went to the interview at the Embassy we were told we should
    | get married to make things easier and so I could work. We did think
    | about it, but decided a visa wasn't the greatest reason to have a
    | quick wedding!

It used to be that people got married for much more basic reasons: to
have food on the table, or because a baby was on the way. Waiting until
"the time is right" is - in my opinion - rarely a good idea (waiting to
be sure *he* is the right one is a different story).

That said, many people in similar situations go for a quick civil
wedding without much fanfare, and have a bigger family affair later,
when they feel that they should "really" get married.

And as for a visa not being the greatest reason: it really should be a
very major reason. If he applies for a Green Card and you aren't married
by the time he gets it, you would be looking at living on a different
continent for at least five years (that's the current Family 2A quota
backlog) before you would be allowed to join him - and during that time,
you may not even be allowed to visit him in the USA!

So my advice to you is: get on with it already!

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Remember, I am strictly a layperson without any legal training. I
encourage everybody to seek competent legal counsel rather than
relying on usenet newsgroups.

Please visit my new FAQ at http://www.kkeane.com (always under
construction)

My email address in usenet posts is now invalid for Spam protection.
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Ingo Pakleppa

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Ivonne wrote:

    | Ingo,

    | you have mentioned here and in earlier posts, that getting a B2-visa as
    | a partner of a non-immigrant is a perfectly valid reason. Is there
    | something in writing (in immigration rules or whereever) where this is
    | stated?
    | Recently, somebody I know was denied a B2-Visum (Boyfriend has H1B) on
    | the grounds that the reason for B2 is not a valid one for B2. (That was
    | in Germany).
    | If that's not reason enough...

Others already provided the relevant link and some background
information about the non-immigrant intent issue.

That said, my guess is that the officer simply was inexperienced and
didn't know about this situation. I have heard of visas getting denied
for other ridiculous reasons. For instance, an H-4 was denied because
the applicant didn't show an approved H-4 petition (which doesn't exist).


- --
Remember, I am strictly a layperson without any legal training. I
encourage everybody to seek competent legal counsel rather than
relying on usenet newsgroups.

Please visit my new FAQ at http://www.kkeane.com (always under
construction)

My email address in usenet posts is now invalid for Spam protection.
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