# Pending spousal renewal; Current expiring soon!



## RSAspouse (May 19, 2019)

First time poster here...in need of advice.

My Relative's Visa renewal application was received by DHA in the beginning of April (10/4). My current relative's visa expires in June (8/6).

My concern is that I won't get my visa before the expiry of my current Visa.

Should I (can I) return to the USA before the expiry with a pending application and return on a visitor's visa (standard airport entry)?

Any other suggestions? 

I'm very nervous! I do not want to receive a one-year ban!


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## a4xiaoxiami (May 17, 2018)

RSAspouse said:


> First time poster here...in need of advice.
> 
> My Relative's Visa renewal application was received by DHA in the beginning of April (10/4). My current relative's visa expires in June (8/6).
> ...
> ...


Not specific to you case, but a general rules applied in such renewal/extension cases.

1. If you have submitted your application to renewal/extend your current visa before it expires, you can legally stay in SA until the decision comes out.

2. If your application is refused, you will be given a number of days (7 or so) to leave the country. If you leave SA by then, you will be fine to apply for a new visa when you get to your home country.

3. If you want to appeal the refusal of your visa renewal/extension application, you can legally stay in SA until the decision for your appeal comes out. If the appeal fails, you will be given a number of days to leave the country. The rest is the same as in 2.

Hope it can help. Good luck!

PS. During the waiting period for result, you won't be able to leave SA, or you have to apply for a visitor's visa to come back to SA if you visa expires.


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## Jack14 (Oct 26, 2014)

RSAspouse said:


> First time poster here...in need of advice.
> 
> My Relative's Visa renewal application was received by DHA in the beginning of April (10/4). My current relative's visa expires in June (8/6).
> 
> ...


Hi

I suggest you leave the Country before your Visa Expires if the renewal is not out by then 

You may leave and come back with a 90 days visitors visa and wait for your renewal application, you dont have to fly all the way to the USA, you can fly to a neighboring country for a few days and come back, you will get a 90 days at OR Tambo etc, but if you use a Land border you will get only 7 days


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## RSAspouse (May 19, 2019)

Thank you for your advice @Jack14 and @a4xiaoxiami.*

I have now discussed with two immigration lawyers as well who both discouraged waiting here on an expired visa even though it is technically permitted. I will leave and reenter on a visitor's visa (granted at the South African border at the airport upon return) then go fetch my visa once it is available for pickup. Really appreciate the advice 🙂


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## saffalass (Sep 28, 2014)

RSAspouse said:


> Thank you for your advice @Jack14 and @a4xiaoxiami.*
> 
> I have now discussed with two immigration lawyers as well who both discouraged waiting here on an expired visa even though it is technically permitted. I will leave and reenter on a visitor's visa (granted at the South African border at the airport upon return) then go fetch my visa once it is available for pickup. Really appreciate the advice 🙂


How long did you end up waiting for your renewal to be processed? We're stuck in the waiting loop at preset and it's driving me mad.


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## terryZW (Jun 26, 2017)

saffalass said:


> How long did you end up waiting for your renewal to be processed? We're stuck in the waiting loop at preset and it's driving me mad.


Recently waited 3 months.


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## saffalass (Sep 28, 2014)

terryZW said:


> Recently waited 3 months.


Thanks Terry. Yeah, the status on our renewal has said "received by Home Affairs" since July - nothing has changed since.


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