Immigration Law

Immigration Law Questions? Ask an Immigration Lawyer.

Ask a Lawyer,
Get an Answer ASAP!

Immigration Law
This answer was rated:

I am a South African on a 10 year B2 visa, my boyfriend is

I am a South African...
I am a South African on a 10 year B2 visa, my boyfriend is an American. I have been visiting him since February 2013 and I am due to go back in August 2013, He cannot come back with me at this time so we have decided I should extend my stay. I am registered at a South African University, I have employment lined up there for Feb. 2014, I have a car in my name, my boyfriend is my sponsor, and I have extended my airline ticket to Feb 2014.
Are these possessions enough to grant an extension?
What happens if it is pending/denied while I am in the States
What must my employer write on my employment letter- specifics?
How must I word my reason for extending?
What are the chances of an approval?
I was here previously- 2 years ago- on a J1 visa does this effect anything?
Show More
Show Less
Ask Your Own Immigration Law Question
Answered in 20 minutes by:
6/20/2013
Expert James
Expert James, Lawyer
Category: Immigration Law
Satisfied Customers: 12,631
Experience: Write FOR JAMES to get my help!
Verified

Thank you for using Just Answer/Pearl. Please note that I earn my living by helping customers like you. I only ask that once you've received your answers, you rate me positively based on the customer service I provide you, and not the outcome, for which the law sometimes does not have a good solution. If you feel the need to use "poor service" or "bad service," please ask follow-up questions instead, so that I can try to help you further.

QUESTION: Are these possessions enough to grant an extension?

ANSWER: There is no way to know, with any sort of accuracy, if this is enough to be granted an extension. While it is important to show you have strong ties to your home country, once you're in the US requesting an extension, it is more important to explain why you require an extension. So the possessions are helpful, but your reason or purpose for requesting the extension is even more important.

 

QUESTION: What happens if it is pending/denied while I am in the States

ANSWER: Then you must leave the US immediately. And if 6 months have passed since the expiration of your prior status (August 2013), then you would have acquired 6 months of unlawful presence, and will be subject to a 3-year ban from entering the US.

 

QUESTION: What must my employer write on my employment letter- specifics?

ANSWER: Unfortunately, I am not allowed to give specifics about or templates for what to write. This is for your protection. What I am permitted to say is that your employer should provide assurances that you still have an offer of employment and that you are expected to return to work on a date certain; describe the position of employment, including salary and rate or pay; describe your history of employment with the employer, if any; and describe the importance of having you employed.

 

QUESTION: How must I word my reason for extending?

ANSWER: There is no specific way that you must word it. The most important thing is not the format, but the reasons for requesting the extension. If you have not gotten a chance to do all of the things you wanted to do when you first came to the US, then explain this. If you've decided to tour places that you did not initially intend to tour, then explain this. Spending more time with your boyfriend is not going to work - in fact it would likely be harmful to your request, since the US does not issue B1/B2 visas for the purpose of visiting a loved one, especially where it would create a risk that you would end up overstaying your status.

 

QUESTION: What are the chances of an approval?

ANSWER: There are no published numbers about the chances or percentages of those who are approved. Each case is reviewed on a case by case basis, spending on the basis for the request. Requests seeking extensions for the purpose of further exploration and tourism of the US are generally approved at a high rate. But a request for an extension to spend more time with your boyfriend will likely not be approved, as those situations tend to indicate that you are at risk of overstaying your status, or otherwise being sponsored for a green card through marriage.


QUESTION: I was here previously- 2 years ago- on a J1 visa does this effect anything?

ANSWER: No, not necessarily. Unless the USCIS starts to grown concerned that you are using non-immigrant visa statuses to reside in the US.


If you intend to get married to this boyfriend in the future, and you did not enter the US with the B1/B2 visitor visa with the intent to get married and stay in the US, then you qualify for adjustment of status to permanent resident once you get married. You might consider this, if you think you will eventually immigrate anyway. While a visitor is not allowed to have this intent when they enter the US, if their intent changes once they are in the US, then they can do this. If that is something you are considering, I would not apply for an extension of status. That would be a sure way to be denied, if you use that reason for your request.

I hope I have answered your questions. Please reserve your rating for the very end of our conversation. If at that time you're satisfied with my answer and my professionalism - not the outcome or the state of the law which I cannot control - please select a top-three rating. The bottom two negative ratings are reserved for pros who are rude and/or bad at their job, and I'm confident you'll find me to always be professional and truthful with you.

A bonus is appreciated, if you feel I've earned it.

If you want me to answer questions in the future, you can write "FOR LONGHORN" at the beginning of your question, or go directly to my question page here: Ask Longhorn Lawyer

Thank you!
Ask Your Own Immigration Law Question
Customer reply replied 4 years ago

Thank you very much for you quick response, I appreciate it and your information has been helpful.


 


I just have some follow up questions:


 


 


 


1.So applying for an extension can only be for purposes of tourism, but is he allowed to sponsor me for my travels or is that a red flag to have my US boyfriend as my financial sponsor? I am on unpaid extended leave from my job, and my savings is almost dry.


 


2. Also Just so I understand, based on your last paragraph: If he does decide to ask me to marry him before I leave in August, would I have to go home and change from my B2 status there, or can I do it from here if it is before the expiration date on my I-94?

Thandi,

 

QUESTION 1: So applying for an extension can only be for purposes of tourism, but is he allowed to sponsor me for my travels or is that a red flag to have my US boyfriend as my financial sponsor? I am on unpaid extended leave from my job, and my savings is almost dry.

ANSWER: No, that is not the only reason. But saying you want to stay with your boyfriend for more time is not a good thing. Presumably, you are here for tourism, travel, and to visit friends and meet new people, not to live with your boyfriend or spend more time with him. Your boyfriend sponsoring you while you are here is perfectly fine, but the purpose for being here is not to be with or live with your boyfriend. At least it shouldn't be.

Needing more time to visit family and friends is a legitimate reason for an extension; but because this "friend" is a potential sponsor for a green card, asking to remain in the US to stay with him, practically speaking, is asking for a denial. Note that this isn't written in the law, but my experience as an attorney has shown that this could be quite problematic.

QUESTION 2: Also Just so I understand, based on your last paragraph: If he does decide to ask me to marry him before I leave in August, would I have to go home and change from my B2 status there, or can I do it from here if it is before the expiration date on my I-94?

 

ANSWER: You would not have to go home. You would get married. Then he would submit form I-130 and you would submit form I-485. You can even do it after your I-94 has expired, but I would not suggest doing so. You risk being asked to leave. But if you've been int he US for 90 days or more, and then you get married and start the process for adjusting your status from a visitor to a permanent resident while in the US, then you can stay int he US and complete the process here, even if the I-94 has expired during that time.

 

I hope I have answered your questions. Please reserve your rating for the very end of our conversation. If at that time you're satisfied with my answer and my professionalism - not the outcome or the state of the law which I cannot control - please select a top-three rating. The bottom two negative ratings are reserved for pros who are rude and/or bad at their job, and I'm confident you'll find me to always be professional and truthful with you.

A bonus is appreciated, if you feel I've earned it.

If you want me to answer questions in the future, you can write "FOR LONGHORN" at the beginning of your question, or go directly to my question page here: Ask Longhorn Lawyer

Thank you!

Ask Your Own Immigration Law Question
Customer reply replied 4 years ago


Thank you very much.


 


I have talked it over with my boyfriend and I hope you don't mind- we have one final question before we decide what to do.


 


1. Hypothetically, If we applied for the extension now but thereafter got married while the extension is pending, would I still be able to apply for the change of status?


 


 


 

Thandi,

Sorry for the delay. I was logged out of the system when you asked your follow-up question.My apologies for any inconvenience this might have caused.

 

QUESTION: Hypothetically, If we applied for the extension now but thereafter got married while the extension is pending, would I still be able to apply for the change of status?

 

ANSWER: You can apply, but it is not a good idea. You would just have applied for a visitor status extension, which requires that you have non-immigrant, visitor intent. I you decide all of a sudden that you have immigrant intent, it could look like you used the extension to buy time to apply for adjustment. It could potentially lead to a denial of the extension, and a denial of the adjustment of status. In that case, you'd be asked to leave the US and process the immigrant visa from abroad, and that could mean you wouldn't be able to return for anywhere from 8 to 10 months.

 

If you think you are going to get married and apply for adjustment of status, I suggest you submit the documentation to do so, rather than applying for an extension.

 

I hope I have answered your questions. Keep in mind that I only get credit for my work if you rate me positively. If you're satisfied with my answer and my professionalism - not the outcome or the state of the law which I cannot control - please select a top-three rating. Again, if you feel the need to use "poor service" or "bad service," please ask follow-up questions instead, so that I can try to help you further. Remember that the bottom two negative ratings are used for Experts or professionals who are rude and/or bad at their job, and I'm confident you'll find me to be professional and truthful with you.

A bonus is appreciated, if you feel I've earned it.

If you want me to answer questions in the future, you can write "FOR LONGHORN" at the beginning of your question, or go directly to my question page here: Ask Longhorn Lawyer

Thank you!

Expert James
Expert James, Lawyer
Category: Immigration Law
Satisfied Customers: 12,631
Experience: Write FOR JAMES to get my help!
Verified
Expert James and 87 other Immigration Law Specialists are ready to help you
Ask your own question now
Ask Expert James Your Own Question
Expert James
Expert James
Expert James, Lawyer
Category: Immigration Law
Satisfied Customers: 12,631
12,631 Satisfied Customers
Experience: Write FOR JAMES to get my help!

Expert James is online now

A new question is answered every 9 seconds

How JustAnswer works:

  • Ask an ExpertExperts are full of valuable knowledge and are ready to help with any question. Credentials confirmed by a Fortune 500 verification firm.
  • Get a Professional AnswerVia email, text message, or notification as you wait on our site. Ask follow up questions if you need to.
  • 100% Satisfaction GuaranteeRate the answer you receive.

JustAnswer in the News:

Ask-a-doc Web sites: If you've got a quick question, you can try to get an answer from sites that say they have various specialists on hand to give quick answers... Justanswer.com.
JustAnswer.com...has seen a spike since October in legal questions from readers about layoffs, unemployment and severance.
Web sites like justanswer.com/legal
...leave nothing to chance.
Traffic on JustAnswer rose 14 percent...and had nearly 400,000 page views in 30 days...inquiries related to stress, high blood pressure, drinking and heart pain jumped 33 percent.
Tory Johnson, GMA Workplace Contributor, discusses work-from-home jobs, such as JustAnswer in which verified Experts answer people’s questions.
I will tell you that...the things you have to go through to be an Expert are quite rigorous.

What Customers are Saying:

Mr. Kaplun clearly had an exceptional understanding of the issue and was able to explain it concisely. I would recommend JustAnswer to anyone. Great service that lives up to its promises!

Gary B.Edmond, OK

My Expert was fast and seemed to have the answer to my taser question at the tips of her fingers. Communication was excellent. I left feeling confident in her answer.

EricRedwood City, CA

I am very pleased with JustAnswer as a place to go for divorce or criminal law knowledge and insight.

MichaelWichita, KS

PaulMJD helped me with questions I had regarding an urgent legal matter. His answers were excellent.

Three H.Houston, TX

Anne was extremely helpful. Her information put me in the right direction for action that kept me legal, possible saving me a ton of money in the future. Thank you again, Anne!!

ElaineAtlanta, GA

It worked great. I had the facts and I presented them to my ex-landlord and she folded and returned my deposit. The 50 bucks I spent with you solved my problem.

TonyApopka, FL

Wonderful service, prompt, efficient, and accurate. Couldn't have asked for more. I cannot thank you enough for your help.

Mary C.Freshfield, Liverpool, UK

< Previous | Next >

Meet the Experts:

Ely

Ely

Counselor at Law

3,990 satisfied customers

Private practice in several areas, including immigration

Wilton A. Person

Wilton A. Person

Immigration Lawyer

3,597 satisfied customers

Knowledgeable and experienced immigration lawyer.

Law Girl

Law Girl

Lawyer

451 satisfied customers

My law firm practices immigration law.

Gintare Grigaite

Gintare Grigaite

Immigration Attorney

186 satisfied customers

Expert Immigration Attorney

TheLeadCounsel

TheLeadCounsel

Immigration Attorney

17 satisfied customers

Immigration and Naturalization

Charlotte E. Viener, Esq.

Charlotte E. Viener, Esq.

Lawyer

12 satisfied customers

Over 10+ years handling all aspects of Immigration Law.

Guillermo J. Senmartin, Esq.

Guillermo J. Senmartin, Esq.

Immigration Lawyer

48,466 satisfied customers

10+ years of experience in various aspects of U.S. Immigration Law.

< Previous | Next >

Related Immigration Law Questions
I have applied for my spouse immigration visa and her
I have applied for my spouse immigration visa and her prority date is near and my green card expiring on 14th feb, 2018. I just applied for i90 for renewal of green card and my fingerprint appointment… read more
Expert James
Expert James
Lawyer
12,631 satisfied customers
My wife will get her U.S. immigration visa really soon. I
my wife will get her U.S. immigration visa really soon. I have made travel arrangements, and she will have to go through Canada.My question is: will she need a transit visa? Or just an eta since her i… read more
Expert James
Expert James
Lawyer
12,631 satisfied customers
I have an i-485 with i-130. but i had to file restrainjng
Hi! I have an i-485 with i-130. but i had to file restrainjng order against my husband. I also filed for vawa. i just got a notice to appear for an interview for my i-485. do i still have to go even i… read more
Bill Attorney
Bill Attorney
law
1,604 satisfied customers
If 485 is approved while the beneficiary is traveling abroad
If 485 is approved while the beneficiary is traveling abroad on AP, can the beneficiary enter the US as a PR?… read more
Jenny Imm Law
Jenny Imm Law
Immigration Attorney
Doctoral Degree
4 satisfied customers
Im currently filling out my non immigrant visa form which is
im currently filling out my non immigrant visa form which is a k1 visa but when i go to fill in what visa class on the site its not listed ..ti my understanding a k1 visa is an non immigrant visa.. so… read more
Guillermo J. Senmartin, Esq.
Guillermo J. Senmartin, Esq.
Immigration Lawyer
Juris Doctor
48,466 satisfied customers
I applied for a US non-immigrant visa at the US consulate in
I applied for a US non-immigrant visa at the US consulate in Johannesburg on 27 Nov. The status of my visa application is administrative processing and yet I have received no notification as such. The… read more
Guillermo J. Senmartin, Esq.
Guillermo J. Senmartin, Esq.
Immigration Lawyer
Juris Doctor
48,466 satisfied customers
Case # src1490020920 i have not get my wife green card as
case # ***** i have not get my wife green card as yet gut need to if some wrong … read more
Guillermo J. Senmartin, Esq.
Guillermo J. Senmartin, Esq.
Immigration Lawyer
Juris Doctor
48,466 satisfied customers
What is meant by class of admittance on form i-485
what is meant by class of admittance on form i-485 … read more
Edward Young
Edward Young
Juris Doctor
154 satisfied customers
Wilton I have a question about H1B and green card. My
Second opinion] Hi,WiltonI have a question about H1B and green card. My situation is like this:My OPT supposed to end on 06/09 this year, but my company filed H1B and my case got selected in lottery. … read more
jludwic
jludwic
Manager
J.D.
19 satisfied customers
My wife and I went to our interview for a green card. We
For Guillermo: My wife and I went to our interview for a green card. We were told that because we used my wife's maiden name (the one on her passport) on our I-485 application, they would have to do a… read more
Guillermo J. Senmartin, Esq.
Guillermo J. Senmartin, Esq.
Immigration Lawyer
Juris Doctor
48,466 satisfied customers
Do I need to renew my Green Card if it was issued between
Do I need to renew my Green Card if it was issued between 1979 and 1988 but does not have an expiration date? … read more
Guillermo J. Senmartin, Esq.
Guillermo J. Senmartin, Esq.
Immigration Lawyer
Juris Doctor
48,466 satisfied customers
I want an immigrants visa and I need someone to put me
I want an immigrants visa and I need someone to put me through on what do … read more
Bill Attorney
Bill Attorney
law
1,604 satisfied customers
My immigration visa will expire on Dec. 12, 2017. I filed
i filed I-90 since March 2017 biometrics done in april but till now news from USCIS … read more
Guillermo J. Senmartin, Esq.
Guillermo J. Senmartin, Esq.
Immigration Lawyer
Juris Doctor
48,466 satisfied customers
How the Administrative Proceeding take on Immigrant visa
How long the Administrative Proceeding take on Immigrant visa after interview. … read more
Guillermo J. Senmartin, Esq.
Guillermo J. Senmartin, Esq.
Immigration Lawyer
Juris Doctor
48,466 satisfied customers
I petitioned for my sister for an immigration visa in 2010
hello - I petitioned for my sister for an immigration visa in 2010 and it looks like the wait time never changes. Is there a way to expedite the process? She is currently waiting for a visa number I b… read more
Leena Kamat
Leena Kamat
Juris Doctor
96 satisfied customers
I petitioned for my sister for an immigration visa in 2010
hello - I petitioned for my sister for an immigration visa in 2010 and it looks like the wait time never changes and there is no way to expedite the process.I looked at ways to see if she can be hear … read more
Guillermo J. Senmartin, Esq.
Guillermo J. Senmartin, Esq.
Immigration Lawyer
Juris Doctor
48,466 satisfied customers
My ı-94 expires how can ı extend it, I held a green card for
I held a green card for over 10 years however in the last 14 years I resided abroad and entered at an airport with a lost passport and greencard … read more
Guillermo J. Senmartin, Esq.
Guillermo J. Senmartin, Esq.
Immigration Lawyer
Juris Doctor
48,466 satisfied customers
What is I-485 form. I am an r1 visa and the I-94 will
i am an r1 visa and the I-94 will expired at the end of this month … read more
Jenny Imm Law
Jenny Imm Law
Immigration Attorney
Doctoral Degree
4 satisfied customers

DISCLAIMER: Answers from Experts on JustAnswer are not substitutes for the advice of an attorney. JustAnswer is a public forum and questions and responses are not private or confidential or protected by the attorney-client privilege. The Expert above is not your attorney, and the response above is not legal advice. You should not read this response to propose specific action or address specific circumstances, but only to give you a sense of general principles of law that might affect the situation you describe. Application of these general principles to particular circumstances must be done by a lawyer who has spoken with you in confidence, learned all relevant information, and explored various options. Before acting on these general principles, you should hire a lawyer licensed to practice law in the jurisdiction to which your question pertains.

The responses above are from individual Experts, not JustAnswer. The site and services are provided “as is”. To view the verified credential of an Expert, click on the “Verified” symbol in the Expert’s profile. This site is not for emergency questions which should be directed immediately by telephone or in-person to qualified professionals. Please carefully read the Terms of Service (last updated February 8, 2012).

DISCLAIMER: Answers from Experts on JustAnswer are not substitutes for the advice of an attorney. JustAnswer is a public forum and questions and responses are not private or confidential or protected by the attorney-client privilege. The Expert above is not your attorney, and the response above is not legal advice. You should not read this response to propose specific action or address specific circumstances, but only to give you a sense of general principles of law that might affect the situation you describe. Application of these general principles to particular circumstances must be done by a lawyer who has spoken with you in confidence, learned all relevant information, and explored various options. Before acting on these general principles, you should hire a lawyer licensed to practice law in the jurisdiction to which your question pertains.

The responses above are from individual Experts, not JustAnswer. The site and services are provided “as is”. To view the verified credential of an Expert, click on the “Verified” symbol in the Expert’s profile. This site is not for emergency questions which should be directed immediately by telephone or in-person to qualified professionals. Please carefully read the Terms of Service (last updated February 8, 2012).

Show MoreShow Less

Ask Your Question

x