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Mariale256

How long do I have to wait to back US if the last time I stayed 6 months

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Filed: F-2A Visa Country: Venezuela
Timeline

Hi, I'm married with a Legal Permanent Resident and I visited him last year from July to January 2017, 6 months. Now I'm planning visited him again, I have almost 6 months in my country now. Do you think I will have any problem or my entry could be denied? My husband made a petition for me which is still pending.

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There is no fixed time you need to be outside of the US. CBP will assess the situation and make a determination. However, a general rule of thumb is to spend at least more time outside the US than in it, and preferably twice as much time outside than inside.

 

If I'm understanding you correctly, you've spent 12 months inside the US and 9 months outside the US. A minimum of 3 more months outside the US would be suggested, but I'd personally wait a year (albeit you will likely have the immigrant visa by then based on your stated timeline).

Timelines:

ROC:

Spoiler

7/27/20: Sent forms to Dallas lockbox, 7/30/20: Received by USCIS, 8/10 NOA1 electronic notification received, 8/1/ NOA1 hard copy received

AOS:

Spoiler

AOS (I-485 + I-131 + I-765):

9/25/17: sent forms to Chicago, 9/27/17: received by USCIS, 10/4/17: NOA1 electronic notification received, 10/10/17: NOA1 hard copy received. Social Security card being issued in married name (3rd attempt!)

10/14/17: Biometrics appointment notice received, 10/25/17: Biometrics

1/2/18: EAD + AP approved (no website update), 1/5/18: EAD + AP mailed, 1/8/18: EAD + AP approval notice hardcopies received, 1/10/18: EAD + AP received

9/5/18: Interview scheduled notice, 10/17/18: Interview

10/24/18: Green card produced notice, 10/25/18: Formal approval, 10/31/18: Green card received

K-1:

Spoiler

I-129F

12/1/16: sent, 12/14/16: NOA1 hard copy received, 3/10/17: RFE (IMB verification), 3/22/17: RFE response received

3/24/17: Approved! , 3/30/17: NOA2 hard copy received

 

NVC

4/6/2017: Received, 4/12/2017: Sent to Riyadh embassy, 4/16/2017: Case received at Riyadh embassy, 4/21/2017: Request case transfer to Manila, approved 4/24/2017

 

K-1

5/1/2017: Case received by Manila (1 week embassy transfer??? Lucky~)

7/13/2017: Interview: APPROVED!!!

7/19/2017: Visa in hand

8/15/2017: POE

 

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Filed: F-2A Visa Country: Venezuela
Timeline
2 minutes ago, geowrian said:

There is no fixed time you need to be outside of the US. CBP will assess the situation and make a determination. However, a general rule of thumb is to spend at least more time outside the US than in it, and preferably twice as much time outside than inside.

 

If I'm understanding you correctly, you've spent 12 months inside the US and 9 months outside the US. A minimum of 3 more months outside the US would be suggested, but I'd personally wait a year (albeit you will likely have the immigrant visa by then based on your stated timeline).

I was 6 months in 2015, then 6 months in 2016. Now I wanna visit my husband again. But I'm really worried because I've been reading different forums and most of people say I should wait. I can understand that ☹️ But Does the CBP understand how hard it is been separated of your husband for so long? I know the rules are the rules, but I haven't done anything out of the legal. It's not fair 😭

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Filed: F-2A Visa Country: Venezuela
Timeline
9 minutes ago, geowrian said:

There is no fixed time you need to be outside of the US. CBP will assess the situation and make a determination. However, a general rule of thumb is to spend at least more time outside the US than in it, and preferably twice as much time outside than inside.

 

If I'm understanding you correctly, you've spent 12 months inside the US and 9 months outside the US. A minimum of 3 more months outside the US would be suggested, but I'd personally wait a year (albeit you will likely have the immigrant visa by then based on your stated timeline).

The process for the immigrant visa could take at least 2 years, mine has 1 year pending. 

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1 hour ago, Mariale256 said:

Hello everybody. I NEED HELP. My husband lives in U.S and I'm from Venezuela. I've visited him twice, both I've stayed for 6 months. The second time I waited 3 months to back. Now I've been in Venezuela for almost 6 months, I really miss my husband 😭. He is a Permanent Resident, and he made a petition for me about a year and a half ago. This petition is still pending, my case is being processing  by NVC. Do you think it could be a problem if a want to go USA maybe at the end of July? 

20 minutes ago, Mariale256 said:

I was 6 months in 2015, then 6 months in 2016. Now I wanna visit my husband again. But I'm really worried because I've been reading different forums and most of people say I should wait. I can understand that ☹️ But Does the CBP understand how hard it is been separated of your husband for so long? I know the rules are the rules, but I haven't done anything out of the legal. It's not fair 😭

I was going by your earlier post. You said you visited him for 6 months, waited 3 months, visited him for 6 months, and it's been 6 months since then. Is that inaccurate?

 

Yes, I concur that you should wait as noted by my earlier post and the post above that. I'm sure CBP knows how hard it is, but their job is to ensure the rules are followed. If they believe you are living in the US, then you would be acting in violation of your visa.

 

15 minutes ago, Mariale256 said:

The process for the immigrant visa could take at least 2 years, mine has 1 year pending. 

Right, it will likely take around 2 years from petition filing to visa interview. You said earlier that he petitioned for you about a year and a half ago.

Timelines:

ROC:

Spoiler

7/27/20: Sent forms to Dallas lockbox, 7/30/20: Received by USCIS, 8/10 NOA1 electronic notification received, 8/1/ NOA1 hard copy received

AOS:

Spoiler

AOS (I-485 + I-131 + I-765):

9/25/17: sent forms to Chicago, 9/27/17: received by USCIS, 10/4/17: NOA1 electronic notification received, 10/10/17: NOA1 hard copy received. Social Security card being issued in married name (3rd attempt!)

10/14/17: Biometrics appointment notice received, 10/25/17: Biometrics

1/2/18: EAD + AP approved (no website update), 1/5/18: EAD + AP mailed, 1/8/18: EAD + AP approval notice hardcopies received, 1/10/18: EAD + AP received

9/5/18: Interview scheduled notice, 10/17/18: Interview

10/24/18: Green card produced notice, 10/25/18: Formal approval, 10/31/18: Green card received

K-1:

Spoiler

I-129F

12/1/16: sent, 12/14/16: NOA1 hard copy received, 3/10/17: RFE (IMB verification), 3/22/17: RFE response received

3/24/17: Approved! , 3/30/17: NOA2 hard copy received

 

NVC

4/6/2017: Received, 4/12/2017: Sent to Riyadh embassy, 4/16/2017: Case received at Riyadh embassy, 4/21/2017: Request case transfer to Manila, approved 4/24/2017

 

K-1

5/1/2017: Case received by Manila (1 week embassy transfer??? Lucky~)

7/13/2017: Interview: APPROVED!!!

7/19/2017: Visa in hand

8/15/2017: POE

 

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Filed: F-2A Visa Country: Venezuela
Timeline
2 minutes ago, geowrian said:

I was going by your earlier post. You said you visited him for 6 months, waited 3 months, visited him for 6 months, and it's been 6 months since then. Is that inaccurate?

 

Yes, I concur that you should wait as noted by my earlier post and the post above that. I'm sure CBP knows how hard it is, but their job is to ensure the rules are followed. If they believe you are living in the US, then you would be acting in violation of your visa.

 

Right, it will likely take around 2 years from petition filing to visa interview. You said earlier that he petitioned for you about a year and a half ago.

My petition was filled a year and 4 months ago exactly 

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Filed: F-2A Visa Country: Venezuela
Timeline
3 minutes ago, geowrian said:

I was going by your earlier post. You said you visited him for 6 months, waited 3 months, visited him for 6 months, and it's been 6 months since then. Is that inaccurate?

 

Yes, I concur that you should wait as noted by my earlier post and the post above that. I'm sure CBP knows how hard it is, but their job is to ensure the rules are followed. If they believe you are living in the US, then you would be acting in violation of your visa.

 

Right, it will likely take around 2 years from petition filing to visa interview. You said earlier that he petitioned for you about a year and a half ago.

I'm really desperate ☹️ He works a LOT all day long until past mid night, we almost don't have time to talk by phone because I work in mornings, so it's complicated 😭

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