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Extending Duration of Stay on Tourist Visa

Brooklyn, NY |

I'm an American citizen and my boyfriend is German. I came back to the US to do my masters and I graduate in June. He came to join me and got a 10yr multiple-entry Tourist Visa, but his Duration of Stay expires at the end of March. We're not planning on staying in the US (our plan is to move back to Germany after I graduate), but we'd like to find a way for him to stay an extra 3 months so that we can stay together and leave together in June.

Does he have to apply for an extension? Or can we just leave the country when his I-94 expires and then come back after a few days? His visa is Multiple Entry, so I'm hoping he can just leave and come back.

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Attorney answers 1


He has two options available: (1) file an extension with the CIS (Citizenship and Immigration Services), (2) just leave the country before his I-94 expires and come back. Unless there is a compelling reason to leave the U.S., I would recommend filing an extension with the CIS. Once he filed, he can stay in the U.S. legally while the application is pending, and if needed, he can leave at any time before adjudication and does not wait for the actual adjudication. As long he files it by himself, extension would be cheaper.