Filing An extension Question

[suleman123]

Hey All,

 

My dad passed away last year and my mother have a 5 year multiple US visa which is expiring next year in August. None of her family member are in Pakistan because i reside in US and my brother reside in China. She is with me right now and i also just got married so i was thinking of filing an extension for her. 

 

My questions are as follow :-

1) How long can an extension be filed for ? 6 months 1 year ?

2) When should i file an extension ?. Her stay is expiring on June 15th.

3) Is there going to be a problem when she applies for her Visa again next year if her extension gets approved ?. I've heard some of my family members were telling me about it that if you get an extension then more likely it might be a problem when she reapplies for her Visa. 

 

Thank you all. Also, my wife is a US citizen and my PERM is currently in process. I was wondering if there is a way she can apply for her GC or USCIS have any kind of policy for a widow ?. 

[pontevecchio]

the traditional advice is that you should file her EOS ASAP and if no decision by June,15 she should leave before I94 expiry. Once you become a Citizen you can sponsor her.

[suleman123]

I've seen people apply atleast 2 months before. So with what you say, i'm assuming that i should be applying her Extension in the first week of March so the decision can be made before her departure ticket which is May 25th and i believe USCIS needs 60 days befoe making a decision. Also, i thought once your case is pending you can stay in US as long the decison is pending ?. So with that said it is ok to apply for her extension and she wont have any hassle in getting her visa renewed next year ?. 

[pontevecchio]

If she overstays her I94 and subsequently the EOS is denied, the visa is automatically considered cancelled and she will have to get a new visa for her next visit. Hence apply well in time and have her leave by the current I94 date in case no decision by then.

[ashuneel]

If you know you want to apply for extension why would you wait till first week of March. There is no rule that they have to decide on your application in 60 days. It may take them longer so I would not wait. Also do not overstay as you clearly have intention of bringing her over as GC holder and she may have trouble with GC application if there is overstay on record.