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B 1/2 visa - 6 month vs. 90 day stay allowance?

By afewquestions in Tourist Visas

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afewquestions Apprentice

afewquestions   0

Posted
Filed: K-1 Visa Country: Brazil
 Timeline
Posted

Hello all,

Do B 1/2 visas automatically get the 6 month maximum stay? How and why would a tourist on a B 1/2 get a 90 day limit - no proved reason to stay longer? I am wondering because my girlfriend and I will be applying for the K-1 visa while she is with me in the USA on a B 1/2 visa and I want to make sure to the best possible way that she gets her 6 months limit and not the 90 day limit on her b 1/2 so that she can stay with me longer while we wait for her to be called to her interview back in her home country...

She already has a B 1/2 and has stayed 4 months before, but it was for a medical observership (no patient contact). This time she will be visiting friends and myself while she is here...but we don't know if she will be only offered a 90 day limit on her stay. If she decides to also mention to the officer at POE that she will be staying with her fiance for most of the trip while we wait for the K-1 visa interview, would that be seen as negative and cause problems? There is nothing ilegal here and I would also like to clarify that we will only start the K-1 application once she is already in the USA so she won't have any documents to show at the POE that we have started the application...

Any comments appreciated thanks!

07/2006 - Met in person on a summer study abroad in Brazil

08/2006 to 08/2013 - 7 year long distance relationship with 2.7 years total time together in person during study abroad/work in Brazil and biannual visits

08/2013 - 7 year anniversary

09/16/2013 - Engagement!!!

10/01/2013 - Filed I-129F K-1 petition (Brazilian Beneficiary) to Dallas Service Center - 1st day of 2013 Government Shutdown -

10/09/2013 - Received electronic NOA1 with transfer notice to California Service Center

10/09/2013 - Application Check cashed by USCIS Dallas

10/15/2013 - Received NOA1 I-797C in the mail (notice date 8th of october)

11/18/2013 - Recieved NOA2 I-797 in the mail (notice date 13th of november)

12/12/2013 - NVC sent package to Consulate in Rio de Janeiro

12/17/2013 - Called NVC - Discovered package was sent to Consulate in Rio de Janeiro on the 12th of December, 2013

12/17/2013 - E-mailed Consulate in Rio de Janeiro about status and steps

12/18/2013 - US Consulate in Rio de Janeiro sent out package to benificiary home

01/13/2014 - E-mailed Consulate in Rio de Janeiro again, because package never arrived. Answered immediately with a message stating that the package had been sent on 12/18/13.

02/11/2014 - Interview date!!! (Interview date was included in the Consulate e-mail together with links to documents beneficiary needs to bring)

End of Feb. 2014 - K1 visa arrives in the mail

End of July 2014 - Wedding in the U.S.

09/04/2014 - Adjustment of Status, EAD and AP applied

10/20/2014 - EAD and AP arrive

12/04/2014 - Notice of Action with Green Card Interview Date arrives

01/07/2015 - Green Card Interview Date (approximately 4 months after AOS application)

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kzielu Experienced

kzielu   1,147

Posted
Filed: Citizen (apr) Country: Poland
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Posted

Hello all,

Do B 1/2 visas automatically get the 6 month maximum stay? How and why would a tourist on a B 1/2 get a 90 day limit - no proved reason to stay longer? I am

No, they don't. I got two weeks back when I was traveling back and forth on company bussiness - 5 days after my declared date of departure.

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afewquestions Apprentice

afewquestions   0

Posted
Filed: K-1 Visa Country: Brazil
 Timeline
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Posted

Thank you.

I see her country is not included in the VWP. I'm wondering if it would cause alarm or be an issue to let the officer at the POE know that we will be applying for the K-1 visa while she is with me and since it takes 5 months for her to be called for her interview, it would be nice for her to be with me during that waiting time. That is why we would like to have the 6 months stay on her B 1/2.

Would there be any reason to have an issue if this were mentioned, I don´t see why not, if they know she will go back home to finish the K-1 process... I just wonder if they will give her a hard time?

07/2006 - Met in person on a summer study abroad in Brazil

08/2006 to 08/2013 - 7 year long distance relationship with 2.7 years total time together in person during study abroad/work in Brazil and biannual visits

08/2013 - 7 year anniversary

09/16/2013 - Engagement!!!

10/01/2013 - Filed I-129F K-1 petition (Brazilian Beneficiary) to Dallas Service Center - 1st day of 2013 Government Shutdown -

10/09/2013 - Received electronic NOA1 with transfer notice to California Service Center

10/09/2013 - Application Check cashed by USCIS Dallas

10/15/2013 - Received NOA1 I-797C in the mail (notice date 8th of october)

11/18/2013 - Recieved NOA2 I-797 in the mail (notice date 13th of november)

12/12/2013 - NVC sent package to Consulate in Rio de Janeiro

12/17/2013 - Called NVC - Discovered package was sent to Consulate in Rio de Janeiro on the 12th of December, 2013

12/17/2013 - E-mailed Consulate in Rio de Janeiro about status and steps

12/18/2013 - US Consulate in Rio de Janeiro sent out package to benificiary home

01/13/2014 - E-mailed Consulate in Rio de Janeiro again, because package never arrived. Answered immediately with a message stating that the package had been sent on 12/18/13.

02/11/2014 - Interview date!!! (Interview date was included in the Consulate e-mail together with links to documents beneficiary needs to bring)

End of Feb. 2014 - K1 visa arrives in the mail

End of July 2014 - Wedding in the U.S.

09/04/2014 - Adjustment of Status, EAD and AP applied

10/20/2014 - EAD and AP arrive

12/04/2014 - Notice of Action with Green Card Interview Date arrives

01/07/2015 - Green Card Interview Date (approximately 4 months after AOS application)

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Teddy B Grand Master

Teddy B   17,251

Posted
Filed: Lift. Cond. (apr) Country: Canada
 Timeline
Posted

Thank you.

I see her country is not included in the VWP. I'm wondering if it would cause alarm or be an issue to let the officer at the POE know that we will be applying for the K-1 visa while she is with me and since it takes 5 months for her to be called for her interview, it would be nice for her to be with me during that waiting time. That is why we would like to have the 6 months stay on her B 1/2.

Would there be any reason to have an issue if this were mentioned, I don´t see why not, if they know she will go back home to finish the K-1 process... I just wonder if they will give her a hard time?

Her offering the information that you will be filing for a K-1 visa will show that she has immigrant intent to CBP. It may or may not affect the length of stay she is given, that will be up to the officer. If she is not asked about it, she doesn't have to offer the information, but if she is, she should answer truthfully. She just needs to show proof of ties to her home country and her travel intinerary if asked.

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Eric-Pris Experienced

Eric-Pris   1,602

Posted
Filed: Citizen (apr) Country: Costa Rica
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Posted

Her offering the information that you will be filing for a K-1 visa will show that she has immigrant intent to CBP. It may or may not affect the length of stay she is given, that will be up to the officer. If she is not asked about it, she doesn't have to offer the information, but if she is, she should answer truthfully. She just needs to show proof of ties to her home country and her travel intinerary if asked.

Obviously, she's going to be asked about the reason for her stay. She will answer "Going to visit my boyfriend". Whether or not she is allowed in is up to CBP. I doubt that she would be asked about K-1 visa without mentioning it herself.

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Teddy B Grand Master

Teddy B   17,251

Posted
Filed: Lift. Cond. (apr) Country: Canada
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Posted

Obviously, she's going to be asked about the reason for her stay. She will answer "Going to visit my boyfriend". Whether or not she is allowed in is up to CBP. I doubt that she would be asked about K-1 visa without mentioning it herself.

Was there some confusion in what I said?

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