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Rushme27

B2 I-94 Extension of stay in the US

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Hi folks, 

Need your guidance on how to fill out I-539 online form for my mom. My mom came to the US on December 13th and her I94 is valid until June 12th 2020. 

Given the current COVID-19 pandemic and lockdown in the US and in India, I don't see the situation to improve before June. We are applying for an extension of her stay given the travel risks and that she is 65 years of age. 

Questions:

1) How long can we apply the extension for? 2 months or 3 months or full 6 more months? Need suggestions on what is legal or what's not acceptable by USCIS.

2) The letter of request will state that this is only due to COVID-19 pandemic. Anything else we need to highlight. She has always exited the country at the right time and her passport will expire in 2022 (I don't see issues there). 

3) Should I provide bank statements, pay stubs and employment verification for her stay? Does it require an affidavit of support form?

Thanks for your help, 

 

Rashmi

 

 

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1. You can apply for a Max of 6 months.

2. None

3. I don't think any of this is needed.

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1. You can ask for 6 months if the form requests it. 

2. All these things in very brief.

3. A letter stating you will be financially responsible for the stay.

Keep it simple.

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HI Rushme27:

1) One can apply for 6 months,  and there is generally no reason to apply for a shorter period, given the long processing times.

2) A letter explaining that travel is impossible because of Covid-19 will likely be sufficient at this time.

3) One should provide evidence of sufficient finances to remain for 6 months without having to work without authorization. This can be the applicant's own bank statements (a few months), or it can be an Affidavit of Support signed by a financial sponsor (I-134) supported by the financial sponsor's bank statements, proof of employment, etc. This will frequently be requested if it is not supplied.

4) USCIS will sometimes request proof of ties to the home country - proof of property ownership, finances, etc. in the home country.

If one doesn't have all of this available in time to file, one can submit a skeletal application. It is likely that USCIS would issue a request for evidence for any missing documentation. rather than deny the application outright.

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