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lucybelle

Entering USA after previous long stay

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Last February my boyfriend (from Costa Rica) "moved" in with me in the states on his tourist visa. We lived together for his 6 month tourist visa duration. He left one week before his visa expired and didn't do anything illegal while here (no working, never left country and came back in, just traveled, etc). In May, we're both going back for one week for my mom's wedding. I'm a little nervous that he'll be denied entry at the border because of his long stay before. I've read that tourists need to stay out of the country for as long as they stayed in, so he'll have been outside of the USA for 9 or 10 months by the time he goes back. He's going to bring a letter from his work, bank statements, our apartment lease, etc for ties to his country, but I'm still worried. Should I be? Is it likely he'll be denied entry?

Thanks, as always! :thumbs:


N-400 May 2017 Google Doc

Full timeline- 

 

Filed from abroad- Costa Rica

NOA1- NOA2: 316 days

Jan 12, 2013: Married!!
Mar 19, 2013: NOA1

Jan 28, 2014: I-130 approved

NVC- Green Card in Hand: 189 days

Feb 3, 2014: TSC sends case to NVC
April 14: Real checklist for AOS (saying tax number was incorrect when it wasn't)
April 30: Another AOS checklist, for proof of employment (which was already sent)
May 1: Checklist for IV- certified marriage certificate (even though I sent a certified one originally)
July 1: INTERVIEW!!! - APPROVED!
July 16: POE through Miami
July 22: SSN card in the mail
August 30, 2014: Green card arrives in the mail!!!
 
ROC: 366 days
April 27, 2016: Sent 300 page ROC packet to VSC via overnight mail
May 16: Check shown as charged online, received NOA 1 dated April 29
June 20, 2016- Biometrics
April 28, 2017: Approval
May 4, 2017: Approval letter arrived
May 15, 2017: GC arrives in mail
 
N-400: 190 days
May 8: Sent packet to Dallas Lockbox
May 12: NOA 1, Credit card charged
June 7: Biometrics
June 16: "In line"
Oct 2: Interview letter arrives (online status still says ''in line'')
Oct 31: Interview- Approved!
Nov 13: Oath ceremony!  Applied for passport & registered to vote on site.
Nov 22: Passport arrives (paid for expedited service and overnight delivery)
 
Journey complete! A total of 1701 days or 4 years, 7 months and 26 days.

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Filed: Timeline

Last February my boyfriend (from Costa Rica) "moved" in with me in the states on his tourist visa. We lived together for his 6 month tourist visa duration. He left one week before his visa expired and didn't do anything illegal while here (no working, never left country and came back in, just traveled, etc). In May, we're both going back for one week for my mom's wedding. I'm a little nervous that he'll be denied entry at the border because of his long stay before. I've read that tourists need to stay out of the country for as long as they stayed in, so he'll have been outside of the USA for 9 or 10 months by the time he goes back. He's going to bring a letter from his work, bank statements, our apartment lease, etc for ties to his country, but I'm still worried. Should I be? Is it likely he'll be denied entry?

Thanks, as always! :thumbs:

He cannot possible have any significant ties to Costa Rica...no one with such ties can just wander away for a year or more...bank statements mean what towards returning to CR?????????? What 'work' provides a ten month to one year paid vacation? (answer: none)...

when your BF applied for his visa, how long did he say he was planning to stay? (I doubt 6 months or a year)...

I'd say the odds are about 95% he will be denied entry....because there are only about 7 people on the planet who have the resources and the time to spend a year in the US on 'tourism.'

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Filed: Citizen (apr) Country: Ireland
Timeline

I think his chances of getting 6 months are small, but with a valid return ticket for one week from entry, and a wedding invitation in his carry on lugage, I think his chances of getting a stamp for one or two weeks are reasonable. Depends on the CBP on the day.


Bye: Penguin

Me: Irish/ Swiss citizen, and now naturalised US citizen. Husband: USC; twin babies born Feb 08 in Ireland and a daughter in Feb 2010 in Arkansas who are all joint Irish/ USC. Did DCF (IR1) in 6 weeks via the Dublin, Ireland embassy and now living in Arkansas.

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Filed: Timeline

Last February my boyfriend (from Costa Rica) "moved" in with me in the states on his tourist visa. We lived together for his 6 month tourist visa duration. He left one week before his visa expired and didn't do anything illegal while here (no working, never left country and came back in, just traveled, etc). In May, we're both going back for one week for my mom's wedding. I'm a little nervous that he'll be denied entry at the border because of his long stay before. I've read that tourists need to stay out of the country for as long as they stayed in, so he'll have been outside of the USA for 9 or 10 months by the time he goes back. He's going to bring a letter from his work, bank statements, our apartment lease, etc for ties to his country, but I'm still worried. Should I be? Is it likely he'll be denied entry?Thanks, as always! :thumbs:

because there are only about 7 people on the planet who have the resources and the time to spend a year in the US on 'tourism.' Looks like he "only" stayed 6 months minus one day, then spent 9 - 10 months outside the US.

Either way, he hasn't done anything illegal, so he's definitely not ineligible for entry on any very serious grounds. What he might be found ineligible for is lack of sufficient ties to Costa Rica. While his B-2 allows him to stay for the full length noted on his I-94 card, spending six months in the US and then returning (for how long?) may make the CBP officer raise an eyebrow. It also may not. An employment letter and an apartment lease are generally considered good evidence, while bank statements don't really prove anything other than the fact that he can pay for his stay.

Nothing is ever guaranteed in immigration, but I think he should have a fairly good shot. I definitely wouldn't say it's a 95% chance of denial. But I wouldn't count on him getting another full 6 months either.

Edited by jaejayC

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Filed: Timeline

Either way, he hasn't done anything illegal, so he's definitely not ineligible for entry on any very serious grounds. What he might be found ineligible for is lack of sufficient ties to Costa Rica. While his B-2 allows him to stay for the full length noted on his I-94 card, spending six months in the US and then returning (for how long?) may make the CBP officer raise an eyebrow. It also may not. An employment letter and an apartment lease are generally considered good evidence, while bank statements don't really prove anything other than the fact that he can pay for his stay.

Nothing is ever guaranteed in immigration, but I think he should have a fairly good shot. I definitely wouldn't say it's a 95% chance of denial. But I wouldn't count on him getting another full 6 months either.

"Employment Letter?"...saying what....."Dear Border Official...Mr. X is such a marvelous worker we don't need him in the office for more than, oh, three or four days out of the year....and when he does show up, we'll pay him $15,000 a day for his expertise..."...

love to see that letter....

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Filed: Citizen (apr) Country: Ireland
Timeline

"Employment Letter?"...saying what....."Dear Border Official...Mr. X is such a marvelous worker we don't need him in the office for more than, oh, three or four days out of the year....and when he does show up, we'll pay him $15,000 a day for his expertise..."...

love to see that letter....

I am not sure where you are getting all this from- the person has been in their country for 9-ish months now and could have been gainfully employed all that time, plus they only want to go to the USA for one week for a wedding.


Bye: Penguin

Me: Irish/ Swiss citizen, and now naturalised US citizen. Husband: USC; twin babies born Feb 08 in Ireland and a daughter in Feb 2010 in Arkansas who are all joint Irish/ USC. Did DCF (IR1) in 6 weeks via the Dublin, Ireland embassy and now living in Arkansas.

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I am not sure where you are getting all this from- the person has been in their country for 9-ish months now and could have been gainfully employed all that time, plus they only want to go to the USA for one week for a wedding.

having spent 6 months in the US the previous year, why are we to believe that another 6 month 'visit' isn't planned? No one gets 6 months paid vacation per year...not even the French...

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having spent 6 months in the US the previous year, why are we to believe that another 6 month 'visit' isn't planned? No one gets 6 months paid vacation per year...not even the French...

He was lawfully admitted into the US with 6 months stamped in his I-94. What kind of documentation he provided then, I don't know. I have no reason to suspect it was anything fraudulent, and I'm not here to accuse any members of breaking the law. Based on the OP's post, he's planning a couple weeks visit to attend a wedding. That's a fully legitimate reason for entering on a B-2, and given that he didn't overstay his last visit, that's what I'm basing my advise on.

Edited by jaejayC

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He cannot possible have any significant ties to Costa Rica...no one with such ties can just wander away for a year or more...bank statements mean what towards returning to CR?????????? What 'work' provides a ten month to one year paid vacation? (answer: none)...

when your BF applied for his visa, how long did he say he was planning to stay? (I doubt 6 months or a year)...

I'd say the odds are about 95% he will be denied entry....because there are only about 7 people on the planet who have the resources and the time to spend a year in the US on 'tourism.'

I'm a little confused, and honestly a little taken aback by your accusatory tone. My boyfriend came to the USA legally and left before his visa ran out. That's less than six months, not "a year or more". He went back to work when he got back into his country. When he applied for his visa he was sponsored by his work. His return flight was for a few months after entry and he was stamped in for the full 6 months. Now he just needs to come in to the USA for 5 days to go to a wedding. Not a year. Not another 6 months. Just 5 days.

I'll make sure he has a wedding invitation. Do you think one that was printed out would be okay? Mail is just dreadful here and the chance of receiving one in the mail is about 0-none.


N-400 May 2017 Google Doc

Full timeline- 

 

Filed from abroad- Costa Rica

NOA1- NOA2: 316 days

Jan 12, 2013: Married!!
Mar 19, 2013: NOA1

Jan 28, 2014: I-130 approved

NVC- Green Card in Hand: 189 days

Feb 3, 2014: TSC sends case to NVC
April 14: Real checklist for AOS (saying tax number was incorrect when it wasn't)
April 30: Another AOS checklist, for proof of employment (which was already sent)
May 1: Checklist for IV- certified marriage certificate (even though I sent a certified one originally)
July 1: INTERVIEW!!! - APPROVED!
July 16: POE through Miami
July 22: SSN card in the mail
August 30, 2014: Green card arrives in the mail!!!
 
ROC: 366 days
April 27, 2016: Sent 300 page ROC packet to VSC via overnight mail
May 16: Check shown as charged online, received NOA 1 dated April 29
June 20, 2016- Biometrics
April 28, 2017: Approval
May 4, 2017: Approval letter arrived
May 15, 2017: GC arrives in mail
 
N-400: 190 days
May 8: Sent packet to Dallas Lockbox
May 12: NOA 1, Credit card charged
June 7: Biometrics
June 16: "In line"
Oct 2: Interview letter arrives (online status still says ''in line'')
Oct 31: Interview- Approved!
Nov 13: Oath ceremony!  Applied for passport & registered to vote on site.
Nov 22: Passport arrives (paid for expedited service and overnight delivery)
 
Journey complete! A total of 1701 days or 4 years, 7 months and 26 days.

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Filed: Citizen (apr) Country: Ireland
Timeline

Try for a real invitation but if it doesn't arrive, a printed out one should be ok. There is a small chance IF he is pulled into secondary they will call your mom to verify plans, so make sure she has her phone with her at the time you are due to arrive.

Edited by Penguin_ie

Bye: Penguin

Me: Irish/ Swiss citizen, and now naturalised US citizen. Husband: USC; twin babies born Feb 08 in Ireland and a daughter in Feb 2010 in Arkansas who are all joint Irish/ USC. Did DCF (IR1) in 6 weeks via the Dublin, Ireland embassy and now living in Arkansas.

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Certain members on these forums have a tendency to shoot first and ask questions later.. Though I realize that the challenge of illegal immigration is serious in this country, and that this rubs many people the wrogn way, I also think there is no reason to attack total strangers with accusations that are not based on any factual information whatsoever. The OPs boyfriend has not done anything wrong. He has not circumvented the immigration process in any way. B2 was issued for 6 months. He stayed for 6 months. He left before his authorized stay expired. That is EXACTLY how visas are supposed to be used. I have a ton of friends who have saved up money to come to the US for a trip of several months to do a road trip, travel around, hang with friends, etc. Many of them either have short term jobs that allow them to travel and work distantly, some were in between jobs, some just took a leave of absence - we don't know, nor is it any of our business, how/why the OP was able to spend 6 months here. Maybe his family is filthy rich. Maybe he scraped by on minimum spending for months to save the money to come here. Maybe he won the lottery. Whatever the reason is, it is not relevant - He Did Not violate his visa. And I don't think it is appropriate to assume that he would in the future.

lucybelle - I agree with jaejayc and Penguin. He definitely should prepare to have plenty of proof of ties to his home country with him, and the wedding invitation is a good idea. If he can't get a "hard copy" invite by the time of the trip, then print out the invitation and other related information about the wedding. There's a chance he is denied - but there is always that chance. Only way to find out if he is allowed to come or not is by trying.


Adjustment of Status from F-1 to Legal Permanent Resident

02/11/2011 Married at Manhattan City Hall

03/03/2011 - Day 0 - AOS -package mailed to Chicago Lockbox

03/04/2011 - Day 1 - AOS -package signed for at USCIS

03/09/2011 - Day 6 - E-mail notification received for all petitions

03/10/2011 - Day 7 - Checks cashed

03/11/2011 - Day 8 - NOA 1 received for all 4 forms

03/21/2011 - Day 18 - Biometrics letter received, biometrics scheduled for 04/14/2011

03/31/2011 - Day 28 - Successful walk-in biometrics done

05/12/2011 - Day 70 - EAD Arrived, issued on 05/02

06/14/2011 - Day 103 - E-mail notice: Interview letter mailed, interview scheduled for July 20th

07/20/2011 - Day 139 - Interview at Federal Plaza USCIS location

07/22/2011 - Day 141 - E-mail approval notice received (Card production)

07/27/2011 - Day 146 - 2nd Card Production Email received

07/28/2011 - Day 147 - Post-Decision Activity Email from USCIS

08/04/2011 - Day 154 - Husband returns home from abroad; Welcome Letter and GC have arrived in the mail

("Resident since" date on the GC is 07/20/2011

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Filed: IR-1/CR-1 Visa Country: India
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The only thing I would be looking at is how long has he stayed back in his home country since he left US, second entry too close to his earlier departure could raise issue and officer at POE might want to know why he is coming back so soon after leaving.

If there was a significant gap between his last departure and future entry then it should not be an issue.

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First, how many of you have routinely taken a 6 month vacation in a foreign country? (I'd guess about zero)...yet it's amazing how people from developing countries can do this...

Second, tourist visas are NOT sponsored by anyone or any company...he was not sent to the US for six months of 'business meetings'...

Third, he did not tell the VO he was planning to remain in the Us for six months (because no one gets paid leave for such a time, among other reasons)..so somebody said one thing, but did another (mind change)

In any event, don't be surprised if he gets hauled into secondary or maybe even gets his visa cancelled....it can happen.

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First, how many of you have routinely taken a 6 month vacation in a foreign country? (I'd guess about zero)...yet it's amazing how people from developing countries can do this...

Second, tourist visas are NOT sponsored by anyone or any company...he was not sent to the US for six months of 'business meetings'...

Third, he did not tell the VO he was planning to remain in the Us for six months (because no one gets paid leave for such a time, among other reasons)..so somebody said one thing, but did another (mind change)

In any event, don't be surprised if he gets hauled into secondary or maybe even gets his visa cancelled....it can happen.

Man I just don't get what it is you're trying to say.

He WAS given a 6 month leave from his work. Believe it or not.

He WAS given a letter of sponsorship from his job. Otherwise I doubt he would have been given a visa.

He DID say he was leaving for 6 months. No it wasn't paid leave, why would you assume it was?

You're really being nothing but nasty about the whole situation and aren't offering any constructive advice.


N-400 May 2017 Google Doc

Full timeline- 

 

Filed from abroad- Costa Rica

NOA1- NOA2: 316 days

Jan 12, 2013: Married!!
Mar 19, 2013: NOA1

Jan 28, 2014: I-130 approved

NVC- Green Card in Hand: 189 days

Feb 3, 2014: TSC sends case to NVC
April 14: Real checklist for AOS (saying tax number was incorrect when it wasn't)
April 30: Another AOS checklist, for proof of employment (which was already sent)
May 1: Checklist for IV- certified marriage certificate (even though I sent a certified one originally)
July 1: INTERVIEW!!! - APPROVED!
July 16: POE through Miami
July 22: SSN card in the mail
August 30, 2014: Green card arrives in the mail!!!
 
ROC: 366 days
April 27, 2016: Sent 300 page ROC packet to VSC via overnight mail
May 16: Check shown as charged online, received NOA 1 dated April 29
June 20, 2016- Biometrics
April 28, 2017: Approval
May 4, 2017: Approval letter arrived
May 15, 2017: GC arrives in mail
 
N-400: 190 days
May 8: Sent packet to Dallas Lockbox
May 12: NOA 1, Credit card charged
June 7: Biometrics
June 16: "In line"
Oct 2: Interview letter arrives (online status still says ''in line'')
Oct 31: Interview- Approved!
Nov 13: Oath ceremony!  Applied for passport & registered to vote on site.
Nov 22: Passport arrives (paid for expedited service and overnight delivery)
 
Journey complete! A total of 1701 days or 4 years, 7 months and 26 days.

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Man I just don't get what it is you're trying to say.

He WAS given a 6 month leave from his work. Believe it or not. (NOT)

He WAS given a letter of sponsorship from his job. Otherwise I doubt he would have been given a visa.(repeat...no one nor any entity sponsors a tourist visa)

He DID say he was leaving for 6 months. No it wasn't paid leave, why would you assume it was? (doubt this)

You're really being nothing but nasty about the whole situation and aren't offering any constructive advice. (I am being blunt...few people enjoy hearing a direct message...oh well)

So what do you want to hear? "Oh gee....the border people will greet your BF with a red carpet, dancing girls and chocolate...."?????

Bottom line: No one can predict with certainty what will happen...yet, in spite of your assertions that he did nothing wrong, took leave, etc, YOU are the one worried about his chances of being readmitted....why? Perhaps there is something we did not hear.....

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