Trixi

I need to extend my visa as well as my daughter's before the end of
April when it all runs out. However my daughter's passport expired in
February therefore I had to send it to Washington for renewal. What
happens if I don't get her passport back in time? I was going to do it
on E-file but still I need to send a copy of her I-90. I didn't know
this was required. What is the best course of action here apart from
hoping that her new passport arrives before April?

CarlM

If your daughter was in the US when her passport exprired, then the visa is the least of her concerns.

Trixi

CarlM wrote:
    >> I need to extend my visa as well as my daughter's before the end of
    >> April when it all runs out. However my daughter's passport expired in
    >> February therefore I had to send it to Washington for renewal. What
    >> happens if I don't get her passport back in time? I was going to do it
    >> on E-file but still I need to send a copy of her I-90. I didn't know
    >> this was required. What is the best course of action here apart from
    >> hoping that her new passport arrives before April?
    >
    > If your daughter was in the US when her passport exprired, then the visa
    > is the least of her concerns.
    >
Yes, it expired during our stay. But I have already sent it off to be
renewed. We are not travelling till May or June (or not until I have her
passport back anyway)but I am just concerned that I won't be able to
extend her visa in time and she'll be illegal. She is only 5 years old,
bless her!

scrubbedexpat099

The date on her I-94 should have been no later than the expiry date on her passport.

Not sure about your travelling comment.

There are exceptions, but usually you have to have quite a good reason to obtain an extention.

Trixi

Boiler wrote:
    >> CarlM wrote:
    >>>> I need to extend my visa as well as my daughter's before the end of
    >>>> April when it all runs out. However my daughter's passport expired
    >>>> in
    >>>> February therefore I had to send it to Washington for renewal. What
    >>>> happens if I don't get her passport back in time? I was going to do
    >>>> it
    >>>> on E-file but still I need to send a copy of her I-90. I didn't
    >>>> know
    >>>> this was required. What is the best course of action here apart
    >>>> from
    >>>> hoping that her new passport arrives before April?
    >>> If your daughter was in the US when her passport exprired, then the
    >>> visa
    >>> is the least of her concerns.
    >> Yes, it expired during our stay. But I have already sent it off to be
    >> renewed. We are not travelling till May or June (or not until I have
    >> her
    >> passport back anyway)but I am just concerned that I won't be able to
    >> extend her visa in time and she'll be illegal. She is only 5 years
    >> old,
    >> bless her!
    >
    > The date on her I-94 should have been no later than the expiry date on
    > her passport.
    >
    > Not sure about your travelling comment.
    >
    > There are exceptions, but usually you have to have quite a good reason
    > to obtain an extention.
    >
Well, when I initially applied for the visas I got them both for 9
months. That was well beyond her passport's expiry date. Then at POE we
got 6 months (they cannot give you any more on B1/B2) and were told we
would need to extend it in the US. Even that was well beyond her
passport validity. Her passport expired at the beginning of March and
her I-94 is valid till 30th of April. I don't think this is an issue.
Otherwise someone would have said something. I mean you go through so
many immigration expert to be finally here I am sure it would have been
picked up if it mattered. Anyway I need to extend the visas as I
initially asked for 9 months and I still need 9 months.
(I am not having a baby if you are wondering)
So I am going to apply at the end of March for 3 extra months for both
of us. Do you think they will extend her visa without the copy of her I-94?
If not will she get into trouble when I let's say bring her back here to
Disney next year? I mean could she be refused entry?

scrubbedexpat099

I assumed you need to send in the I-94, but I do not know so I will leave it to others.

Bob

You do....well when I applied for extention, I had to...and getting one granted, well it doesn't happen often, so would be intrigued what the reason would be...

Trixi

Bob wrote:
    >> I assumed you need to send in the I-94, but I do not know so I will
    >> leave it to others.
    >
    > You do....well when I applied for extention, I had to...and getting one
    > granted, well it doesn't happen often, so would be intrigued what the
    > reason would be...
    >
Thank you guys. Now you have got me worried about the extention. They
never said it could be refused. After all I need just over 2 months
extra because of my daughter. I could fly back to UK and return on a
visa waiver the next day.
I need to return to UK in July because of my house and job. They should
know that from my application. I have no intention to immigrate.

scrubbedexpat099

You could certainly do that, whether they would let you in would be debatable. You might get lucky.

A general comment as I do not know your specific circumstances.

Bob

Reasons for getting an extention aren't many, getting medical treatment, that kind of thing, but just because you want a little extra time usually isn't going to be granted, but from what I experienced and have read on these forums, that while a case is being processed, you are okay to stay until a decision is made, and it usually takes a few months before a decision is needed...though how this will affect you in the future, you might wish to consult with an immigration lawyer because I don't know how that will affect your right to use the VWP in the future.

scrubbedexpat099

If it is spurious, then they could refuse it completely and you will be out of status.

So B would be void and you would need another B to travel in future. Which might be tricky to get.

I believe children do not accumulate time towards a ban, but in any event that would be after 6 months out of status.

Trixi

Bob wrote:
    >> Bob wrote:
    >>>> I assumed you need to send in the I-94, but I do not know so I will
    >>>> leave it to others.
    >>> You do....well when I applied for extention, I had to...and getting
    >>> one
    >>> granted, well it doesn't happen often, so would be intrigued what
    >>> the
    >>> reason would be...
    >> Thank you guys. Now you have got me worried about the extention. They
    >> never said it could be refused. After all I need just over 2 months
    >> extra because of my daughter. I could fly back to UK and return on a
    >> visa waiver the next day.
    >> I need to return to UK in July because of my house and job. They
    >> should
    >> know that from my application. I have no intention to immigrate.
    >
    > Reasons for getting an extention aren't many, getting medical treatment,
    > that kind of thing, but just because you want a little extra time
    > usually isn't going to be granted, but from what I experienced and have
    > read on these forums, that while a case is being processed, you are okay
    > to stay until a decision is made, and it usually takes a few months
    > before a decision is needed...though how this will affect you in the
    > future, you might wish to consult with an immigration lawyer because I
    > don't know how that will affect your right to use the VWP in the future.
    >
So what do you think will happen if I live before the extention has been
granted? I.E I fly back to UK in June and still not heard from
immigration? It will look in our passports as if we have overstayed?

CarlM

You have overstayed!. If the visa extension is granted, it is 'forgiven' (i cant think of the correct word here folks!), and if it is not, the clock continues to tick in Overstay Land!..

simon bland

Have I Missed something?? Seems very unusual to have a B visa granted for only 9 months, and even more unusual to have an I-94 dated beyond passport expiration date.

What is the OP doing in the US, that she MUST be here for 9 months??

On the bright side, I have just got my daughters passport back (we are dual citizens) from the British Embassy in Washington, and it only took 2 weeks, so the OP's April deadline should be OK anyway