Approved Transit Visa

[Codeblue009 3]

Hello All,

It has been awhile since I have been active on this sight, but I have a question for the group. Long story short, my ex-fiance and I are getting back together. We had an approved K-1 from Moscow, prior to calling the relationship off in the spring of 2011. Now March 2013, we are taking a trip to Cancun, Mexico. Yesterday she got an approved transit visa from the Embassy in Ekaterinburg, Russia to come through the U.S. and transfer on a connecting flight to Cancun. I made the flight arrangements and this was the most affordable way for me to arrange the flight, plus I wanted to be on the same plane to Cancun. Nevertheless, the transit visa is approved. My question is on the return flight back Cancun to Moscow, if the return tickets are not continuous transit (has a layover of a week), would she still be allowed entry (POE)in USA? The originating flight for the first day of our trip is continuous transit, but the return is a a flight from Cancun to USA, then wait a week, then fly to Moscow from USA. I know she will need to submit an I-94, but will CBP on first entry grant the entry to USA if they see the second half of the trip is not continuous? I will actually be in the airport waiting for the flght to Cancun when she arrives, but will not have access to CBP at the POE. Any help or sugesstions would be greatly appreciated. And NO, we are not planning to get married on this trip or even attempt to change status. We will file the proper documents after she returns to Moscow. Thanks for your assistance.

[srey 12]

http://travel.state.gov/visa/temp/types/types_4383.html#3

[Codeblue009 3]

http://travel.state.gov/visa/temp/types/types_4383.html#3

Thanks Srey, but we already have an approved transit visa. It does not answer my question if the second half of the trip is not continuous. I am looking to see if I need to change the tickets or will they allow her entry.

[NigeriaorBust 4,087]

If the traveler seeks layover privileges for purposes other than for transit through the U.S., such as to visit friends or for sightseeing, the applicant will have to qualify for the type of visa required for that purpose, such as a B-2 visa.

A foreign traveler proceeding in immediate and continuous transit through the U.S. to or from the United Nations Headquarters District, under provisions of the Headquarters agreement with the United Nations, would require a diplomatic transit (C-2) visa and have certain restrictions on travel within the U.S.

They will deny her entry if her second flight is a week later

Edited March 13, 2013 by NigeriaorBust

[NigeriaorBust 4,087]

Also people entering on transit visas are specifically prohibited from adjusting status so no worry about that

[Codeblue009 3]

Also people entering on transit visas are specifically prohibited from adjusting status so no worry about that

Ok, thanks everyone.

[Noel194 53]

THe burden of proof to obtain a transit visa is the same as a B2 so why not have her get a B2?

[Boiler 43,859]

Change tickets or get a B2.

[Shiobhan 235]

I understand at times ppl on transist visas are herded to an area (somewhat confined) to transfer to on-going flight