UPDATE ON EXTENDING B2 VISA (I539)

When we originally travelled out to the USA, we intended to go into Canada from about mid June until around September , then re-enter the USA thinking our 6 month I94 would be reset by entering Canada
THIS IS DEFINITELY NOT THE CASE! You must leave North America completely.
As we do not fancy flying in July when our current I94 will expire due to Covid 19, we have applied to extend our visa using I539.
Currently, you must use the most recent version of the form dated 10/15/19, earlier forms are not accepted. If submitting online, each person will be required to pay $340. the main applicant will use form I539, each additional applicant in the group (Spouse, child) will need to complete form I539A. If you submit by post, you will only pay $340 to include all applicants. In addition, each applicant will need to pay $85 for a Biometric interview.
The address you send the form to differs depending on the postage carrier, USPS posting goes to Dallas. Once they acknowledge receipt of the forms, you may stay in the USA and assume your request has been granted, until you are notified differently. If you are paying by credit or debit card, you will need to complete form G1450. You will also need to include a written statement as to why you want to extend, why it will not affect your employment, proof that you have financial means to cover your stay, and that you intend to return to your home address at the end (copy of flight booking)
On the USCIS website, form M752 will give tips on completing you application.
As our case progresses, we will update this topic to help anyone else considering extending their stay.
TonyL

Thanks Tony, this is useful info as we may extend ours at some point, if we ever get back ?

Thanks for the update Tony. Others have successfully used form I-539 to extend their stay, but the rules continuously change.

... then re-enter the USA thinking our 6 month I94 would be reset by entering Canada
THIS IS DEFINITELY NOT THE CASE! You must leave North America completely.

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That's a change in procedure/rules, and may be because it was being abused. We (I) previously reported stories of Brits being denied entry when they attempted multiple successive entries.

Once they acknowledge receipt of the forms, you may stay in the USA and assume your request has been granted, until you are notified differently

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Yes, that has been the case, and the way it was explained online. Glad to hear it's still a valid process.

The current political climate is not friendly on the immigration front, but understandable given what we see on the West coast.

Hi Tom,
hopefully they will realise that we are not immigrants but tourists as per B2 status!

[quote author=TonyL]hopefully they will realise that we are not immigrants but tourists as per B2 status![/quote]

Understood Tony, I was using "immigrants" in the broader, generic context. Historically, countless people have arrived on some kind of tourist visa but didn't leave.

It was always mind boggling to me to realize that there was no equivalent of UK "passport control" to document/verify that folks actually left. I don't know if this has changed.

We also have a reported 10M people who arrived without legal documents; They hopped over the fence, swam across, or simply walked across an insecure border.

Tom, the I94 I referred to is an arrival departure record. Obviously it only applies to legitimate forms of travel. When we arrived via Miami back in January, we were surprised that our passports were not stamped with the departure date written in. If you go online (as a non-immigrant) CSA has a facility that allows you to check not only your recent arrival and departure dates, but history of entry and departure for the last 5 years. At one time you completed a travel disclosure form on the flight and declared any food, cash etc. Now it seems it is up to you to self declare as you are processed. We only found this out when we asked passport control where we declare food.

Thanks Tony.

... the I94 I referred to is an arrival departure record. Obviously it only applies to legitimate forms of travel.

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I'm very familiar with the 1-94, having filled out many of them over the years (I started travelling from the UK to the US & back in the 70's). For many years, the paper I94 was stapled in your passport by the Customs & Immigration official on arrival in the US. Then, when you departed the US (to return home), the I-94 was lifted from your passport by the airline check-in person when you checked in for your departing flight.

Some years ago an immigration lawyer explained that the 'lifted' I94s were all sent to an office near the Mexican border, supposedly to enter the date of departure in a computer at some later date. I never heard of anyone going looking for someone who didn't leave.

If you go online (as a non-immigrant) CSA has a facility that allows you to check not only your recent arrival and departure dates, but history of entry and departure for the last 5 years.

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Aye, that's something relatively new, maybe in the last 5-8 years, and was discussed in a prior topic, but I'm losing track of time. 

It's always interesting to read the latest info on the visa and arrival/departure process. Updates like yours will also be helpful to others in the future. However, I always encourage people to read the latest rules at the official sites before they leave home.

For the record, I/we always did things by the book, whether it be I-94 forms, B1/B2 visas, L1 visas, green cards (i.e. resident alien cards), work authorization, naturalization, etc. Same for folks we sponsored as immigrants into the US. Also for travel documents for numerous other countries.

[quote author=Tom]It's always interesting to read the latest info on the visa and arrival/departure process.[/quote]

Reflecting on this discussion last night, I recalled the not-so-tech process from the 70's and maybe early 80's; The customs/border agents at US airports had large 8-10 inch think 'black books', and manually thumbed through them to see if you were on the list of undesirables before letting you enter the US. It was some time before they manually typed your info into a computer, and yet more time before they could merely scan your passports. Nowadays I believe/suspect they scan a chip.

Technology marches on.

Also by contrast ... on one of our trips to the homeland, we merely waved our passports to the passport control officers on arrival at Heathrow. Without even taking or reading them, one of them said "that's good enough for us, welcome back".

[quote author=TonyL]... we were surprised that our passports were not stamped with the departure date written in.[/quote]

Tony, the significance of that comment just hit me as I re-read your message. How do they document or communicate to the traveller the time they can stay in the US? I understand that B1/B2 visas allow up to 6 months, but the actual time allowed for a given visit was always determined by the agent on arrival; He just didn't have the authority to grant longer than the 6 months maximum.

Tom, when we entered, we thought it was just passport control and that we would reach immigration after. it was only after we collected our baggage that we realised there was no other checks and were worried that we might have missed immigration. However, the chances of passing through an airport from an international flight without control I would hope would be impossible. It was only when we looked at our I94 that we found out how long we could stay. Whilst at passport control, the official was taking photo and prints from some passengers. When it was our turn, I asked if she needed our photos and prints, she smiled and said "no, your family now" and sent us on our way. Go figure!!!!!

The B2 visa does not grant a traveller the right to enter the USA. It is up  to the border official to decide admissibility and for how long up to the maximum permitted on the visa. The first time we travelled with the visa, we flew via Toronto. The US border officer asked us why we needed a visa as opposed to a visa waiver, much the same as we were asked when we attended our interview for the visa. When we explained why (reduced flights, extended travel) he stamped our passports and wrote the date in. He could probably also see that our return flights were booked in six months. We thought that would be the norm. As Tom says, unless they convey and confirm how long you may enter for, how is the traveller to know how long they can stay, especially as our return flight was booked for November, an alarm bell should have rang with the CBP official.

[quote author=TonyL]The B2 visa does not grant a traveller the right to enter the USA. It is up  to the border official to decide admissibility and for how long up to the maximum permitted on the visa.[/quote]
100% correct Tony, and something I've explained numerous times here and elsewhere to would-be visitors to the US. I've lost count of the Brits who have announced "I have my B2 visa, so I'm good for 6 months in the USA".

Meanwhile, as we go forward, I expect a lot more changes in the process.

Thanks for keeping us up to date.

The strange thing is their costs to process. Send it online and it costs more than printing and sending in the post! Most things nowadays are cheaper online.

Tony, I learned a long time ago not to look for logic in these things. I have countless stories that I won't go into here; Maybe around the campfire one day.

At a social distance of course

    Tony, one of the difficulties of your original plan is that the Canada/US border is closed down to any non vital travel due to the Covid 19 pandemic.  Only those who have business reasons to cross either way are allowed, hence you would not be allowed into Canada, nor back into the US if you somehow managed to cross.  That agreement went into effect in March, and has been extended twice by mutual agreement of both governments.


Ed

hi Ed, when we planned our trip for this year, Covid was not on the agenda, so travel into Canada was quite possible. My point was had Covid not occurred, if we crossed the border and then tried to re-enter the USA in September, we would have been classed as an overstay and could have jeopardised our visa. We didn't know when we planned that time spent in Canada is all part of your 6 months granted on the B2 visa.

    I know different rules apply to Canadians, but if we leave the US for 30 days or more, it does not count on our 6 month tourist allocation.

Ed

[quote author=Hfx_Cdn]... we leave the US for 30 days or more, it does not count on our 6 month tourist allocation.[/quote]
Just curious Ed ... if you re-enter the US after being away for 30 or more days, do they restart the clock on the 6 months? This was previously the case for e.g. Brits visiting the US, and I think they closed that loop because of abuse, e.g. folks trying to get 12 or 18 months in the US with only brief excursions to Canada.

Also, for clarification, are you talking about a US B2 visa (or equivalent), or the 6 months you're allowed under CDN social security rules?