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Azagarth

Today got b2 visa, going to start cr1, need help

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So my wife got her tourist visa today, my moms sick so we are going to visit.

How long can she be in the USA? We plan to be there as long as possible, but we also don't want to ruin or delay her immigrant visa. Is the time limit really 3 months or 6? I hear separate things. Will she have to leave the country to stay 6? Is it per year or for the life of the tourist visa? Theoretically could she come the last 3 months of this year, and then the first 6 of the next? This would be great because she could stay 9 months with me and then we take an extended vacation and her visa should be done for immigration by then. Is this possible?

Also if I start her immigration visa while we are there will this at any way harm her? I want to be the most cautious I can be. Thanks!

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So my wife got her tourist visa today, my moms sick so we are going to visit.

How long can she be in the USA? We plan to be there as long as possible, but we also don't want to ruin or delay her immigrant visa. Is the time limit really 3 months or 6? I hear separate things. Will she have to leave the country to stay 6? Is it per year or for the life of the tourist visa? Theoretically could she come the last 3 months of this year, and then the first 6 of the next? This would be great because she could stay 9 months with me and then we take an extended vacation and her visa should be done for immigration by then. Is this possible?

Also if I start her immigration visa while we are there will this at any way harm her? I want to be the most cautious I can be. Thanks!

She is lucky to have the B 2 so must use it correctly for the best outcome. The length of time she is allowed to stay in the USA is determined at the POE based on the responses to a few questions. If the officer thinks she is using the visa to reside in the USA she could lose it. Spending 9 months in the USA could be very risky.

Of course they will know there is a petition pending.

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Would it be risky to have her ask for 6 months while she enters? Or should she ask for a lower amount of time? I don't want to do anything that could endanger her immigration, but the longer she can stay with me taking care of my mother the. Better.

Also just to clarify, I have not started the immigration papers for her yet. So when she enter it will not show she is in huge immigration process. I plan to start that once the two of us are in the USA. Will this at all cause issues? Does it nullify her b2 visa or cause any type of problems for us?

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Moved from IR-1/CR-1 Process & Procedures to Tourist Visas forum.


Our journey:

Spoiler

September 2007: Met online via social networking site (MySpace); began exchanging messages.
March 26, 2009: We become a couple!
September 10, 2009: Arrived for first meeting in-person!
June 17, 2010: Arrived for second in-person meeting and start of travel together to other areas of China!
June 21, 2010: Engaged!!!
September 1, 2010: Switched course from K1 to CR-1
December 8, 2010: Wedding date set; it will be on February 18, 2011!
February 9, 2011: Depart for China
February 11, 2011: Registered for marriage in Wuhan, officially married!!!
February 18, 2011: Wedding ceremony in Shiyan!!!
April 22, 2011: Mailed I-130 to Chicago
April 28, 2011: Received NOA1 via text/email, file routed to CSC (priority date April 25th)
April 29, 2011: Updated
May 3, 2011: Received NOA1 hardcopy in mail
July 26, 2011: Received NOA2 via text/email!!!
July 30, 2011: Received NOA2 hardcopy in mail
August 8, 2011: NVC received file
September 1, 2011: NVC case number assigned
September 2, 2011: AOS invoice received, OPTIN email for EP sent
September 7, 2011: Paid AOS bill (payment portal showed PAID on September 9, 2011)
September 8, 2011: OPTIN email accepted, GZO number assigned
September 10, 2011: Emailed AOS package
September 12, 2011: IV bill invoiced
September 13, 2011: Paid IV bill (payment portal showed PAID on September 14, 2011)
September 14, 2011: Emailed IV package
October 3, 2011: Emailed checklist response (checklist generated due to typo on Form DS-230)
October 6, 2011: Case complete at NVC
November 10, 2011: Interview - APPROVED!!!
December 7, 2011: POE - Sea-Tac Airport

September 17, 2013: Mailed I-751 to CSC

September 23, 2013: Received NOA1 in mail (receipt date September 19th)

October 16, 2013: Biometrics Appointment

January 28, 2014: Production of new Green Card ordered

February 3, 2014: New Green Card received; done with USCIS until fall of 2023*

 

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They will ask her at POE how long she intends to stay and her answer will may influence the number of days granted. (content violating the TOS removed - VJ Moderation) I'm sure she will be given 6months ultimately. It would also be wise not to stay for the entire 6months when granted.

Content removed from the above post per this provision of the TOS:

By way of example, and not as a limitation, you agree that when using the Service, you will not:

  • Condone or instruct, either directly or indirectly, others on how to commit fraudulent or illegal immigration activities in any way, shape, manner or method.

When you are asked a question by a CBP officer, you must answer that question truthfully, period, full-stop. This doesn't require you to volunteer information that wasn't asked for; generic questions require truthful generic answers, specific questions require truthful specific answers.

Edited by Ryan H

Our journey:

Spoiler

September 2007: Met online via social networking site (MySpace); began exchanging messages.
March 26, 2009: We become a couple!
September 10, 2009: Arrived for first meeting in-person!
June 17, 2010: Arrived for second in-person meeting and start of travel together to other areas of China!
June 21, 2010: Engaged!!!
September 1, 2010: Switched course from K1 to CR-1
December 8, 2010: Wedding date set; it will be on February 18, 2011!
February 9, 2011: Depart for China
February 11, 2011: Registered for marriage in Wuhan, officially married!!!
February 18, 2011: Wedding ceremony in Shiyan!!!
April 22, 2011: Mailed I-130 to Chicago
April 28, 2011: Received NOA1 via text/email, file routed to CSC (priority date April 25th)
April 29, 2011: Updated
May 3, 2011: Received NOA1 hardcopy in mail
July 26, 2011: Received NOA2 via text/email!!!
July 30, 2011: Received NOA2 hardcopy in mail
August 8, 2011: NVC received file
September 1, 2011: NVC case number assigned
September 2, 2011: AOS invoice received, OPTIN email for EP sent
September 7, 2011: Paid AOS bill (payment portal showed PAID on September 9, 2011)
September 8, 2011: OPTIN email accepted, GZO number assigned
September 10, 2011: Emailed AOS package
September 12, 2011: IV bill invoiced
September 13, 2011: Paid IV bill (payment portal showed PAID on September 14, 2011)
September 14, 2011: Emailed IV package
October 3, 2011: Emailed checklist response (checklist generated due to typo on Form DS-230)
October 6, 2011: Case complete at NVC
November 10, 2011: Interview - APPROVED!!!
December 7, 2011: POE - Sea-Tac Airport

September 17, 2013: Mailed I-751 to CSC

September 23, 2013: Received NOA1 in mail (receipt date September 19th)

October 16, 2013: Biometrics Appointment

January 28, 2014: Production of new Green Card ordered

February 3, 2014: New Green Card received; done with USCIS until fall of 2023*

 

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Based on my personal experienced, I travel just recently as a tourist and was denied at the port of entry due to non immigrant intending to be immigrant. They are very strict I have no idea they will dig everything they checked my personal celphone and ipad. At first I told them I will just going to visit a friend and will stay for 5 months. Unfortunately they found I have a boyfriend who is willing to marry although I told them we have no intention to marry under B2 visa and I will come back home but they still didnt let me enter so I withdraw voluntarily my application and they booked me a ticket going back home on same day. Be very careful on travelling on tourist visa.

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Would it be risky to have her ask for 6 months while she enters? Or should she ask for a lower amount of time? I don't want to do anything that could endanger her immigration, but the longer she can stay with me taking care of my mother the. Better.

Also just to clarify, I have not started the immigration papers for her yet. So when she enter it will not show she is in huge immigration process. I plan to start that once the two of us are in the USA. Will this at all cause issues? Does it nullify her b2 visa or cause any type of problems for us?

If she asks for 6 months she will then be asked why she wants to stay that long. Her allowed time will be based on that answer. I doubt many people spend 6 months touring America but some must. Of course she knows she is really coming here to take care of your mother it seems. That unfortunately amounts to nursing care which is seen as work which she can not do as a tourist. Asking to perform nursing care for 6 months may result in a denied entry. She must be very careful to tell the truth when asked a question.

Nothing wrong with filing an immigration based petition once she is in the USA but she should leave the USA if granted entry on the B2. The B 2 would still be hers but when she attempted to use it again its possible they wouldn't allow entry. This would only be known at the time of that attempted entry. People report entry was allowed yet we see the post of today where it was not.

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Seems pretty complicated. So it seems the best is to have her get there in sept. Let them know my mom will have a 2 month recovery which would put it in November, and then let them know with her recovery being so close to the holidays she would like to stay until the end of January to be able to spend the first and possibly only holidays with her mother in law and family. That's the truth, but do you think they will hassle her? I won't be with her in the airport to help, I will already be in the states for a week before that with my mom.

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When you went to Argentina were you not asked how long you would be visiting?

Seems a pretty standard question.


“If you know the enemy and know yourself, you need not fear the result of a hundred battles. If you know yourself but not the enemy, for every victory gained you will also suffer a defeat. If you know neither the enemy nor yourself, you will succumb in every battle.”

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Asking for 6 mths upon entering will lead to many questions,

telling them about your mother will seem as if she wants to be

her aide for 6 mths....most time when one says they R on vacation

4-6 wks they'll get a 6 mths stamp anyways.

The visa is to vacation for a total of only 6 mths annually, spending

9 mths says U R living here, with a petition they will quickly believe

immigrant intent, one can also go in for an extension with explanation

if only 6 wks is given on a tourist visa

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could i apply for an adjustment of status at all?

I assumed you were a US Citizen?


“If you know the enemy and know yourself, you need not fear the result of a hundred battles. If you know yourself but not the enemy, for every victory gained you will also suffer a defeat. If you know neither the enemy nor yourself, you will succumb in every battle.”

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You cannot apply for an adjustment of status for your wife from a tourist visa to permanent resident status (assuming that is what you meant) with this intention present. Doing so is visa fraud

good luck


USCIS
August 12, 2008 - petition sent
August 16, 2008 - NOA-1
February 10, 2009 - NOA-2
178 DAYS FROM NOA-1


NVC
February 13, 2009 - NVC case number assigned
March 12, 2009 - Case Complete
25 DAY TRIP THROUGH NVC


Medical
May 4, 2009


Interview
May, 26, 2009


POE - June 20, 2009 Toronto - Atlanta, GA

Removal of Conditions
Filed - April 14, 2011
Biometrics - June 2, 2011 (early)
Approval - November 9, 2011
209 DAY TRIP TO REMOVE CONDITIONS

Citizenship

April 29, 2013 - NOA1 for petition received

September 10, 2013 Interview - decision could not be made.

April 15, 2014 APPROVED. Wait for oath ceremony

Waited...

September 29, 2015 - sent letter to senator.

October 16, 2015 - US Citizen

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She can't enter on a tourist visa with the intention of adjusting.

When I went there last year I said 2 months and was given a 6 month validity. A friend of mine said 3 weeks and got a 2 month validity.


Married in Texas Sept. 16, 2013

Sent I-130 Nov. 3, 2013

Received NOA1 (email) Dec. 19, 2013

Requested Expedite Jan. 2, 2014

Approved Expedite Jan. 4, 2014

Case sent to NVC Jan. 15, 2014

Received NOA1 (mail) Jan. 22, 2014

NVC Received Case Jan. 27, 2014

Received NOA2 (mail) Feb. 25, 2014

NVC Assigned Case Number Mar. 11, 2014

Paid AOS Fee Mar. 29, 2014

Paid IV Fee Mar. 29, 2014

Submitted DS-260 Apr. 4, 2014

Mailed in IV packet Apr. 8, 2014

Submitted AOS packet Forgot the date

Case complete May 31, 2014

Medical Jun. 26, 2014

Interview Jul. 8, 2014

POE (LAX) Sept. 16, 2014

Paid ELIS May 16, 2015

Received GC May 23, 2015

I-751 Receipt Date July 5, 2016

ROC NOA July 15, 2016

I-751 Biometrics Aug. 5, 2016

ROC Approved Sept. 18, 2017
Received GC Sept. 25, 2017
 

CR1 Spousal Visa Guide

 

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