Girlfriend " rules on entry re entry on 10 year visa?

[AstraSunny 0]

My girlfriend stayed in USA for 5 1/2 months, she has been out of the country for 2 months. What will be the outcome if she returns within 2 months?

Am I wasting my hard earned dollars on the flight? She lives in South America?

She has a ten years visa

[Shauneg 762]

Nothing illegal about it, but the more frequent and longer she stays here the more likely the port-of-entry will question if they are slowly trying to stay here more than at home. She could get a shorter stamp this time around, or get a 6-month stamp. No one knows what the p.o.e. will do for sure. She needs to make sure she can show good reasons that she will go back home, such as a mortage, long-term job, anything of consequence.

[AstraSunny 0]

No mortgage, job or house in South America, should I marry her? After this trip she'll have stayed 11 months out of 13 in the USA, is this or will this cause major problems at POE?

[Boiler 43,381]

Hasnshe been filing her taxes?

Sooner or later they will say enough is enough.

[Shauneg 762]

No mortgage, job or house in South America, should I marry her? After this trip she'll have stayed 11 months out of 13 in the USA, is this or will this cause major problems at POE?

Marriage is between she and you to decide.

If you go that route, there are a few options to you both. I won't go too in-depth but here are the choices:

CR-1 (married visa)--- You can marry her here (or you go there) and she must go back home to adjust her status. Takes about a year, but she will have her green card immediately and can work immediately once she comes. This is longer, but cheaper and once you're done, you're done once she comes.

K-1 (fiancee visa)---You apply for this if you want here to come here on a visa to get married, she is able to then stay and adjust status but cannot work for roughly 90-120 days until her work authorization card and other things are approved. 3-7 month process to get here her this way. It's faster to be together but more expensive and keeps her out of work longer.

No one can speak for the P.O.E. but it could look suspect. It all has to do with what the poe does or does not believe. One person may be ok with it, while the in the line over may not be.

I'm not going to give my opinion on the subject as I haven't delt with that personally just have seen other cases. I will leave someone else with experience to that.

Edited April 11, 2015 by Shauneg

[AstraSunny 0]

This is difficult, it seems very tricky to understand. At POE I would have thought there would be simple rules but it doesn't add up. her immigration office say "Yes of course you've got a visa" But everyone has a different opinion.

Surely if she's not working it's not hurting anyone?

[Shauneg 762]

This is difficult, it seems very tricky to understand. At POE I would have thought there would be simple rules but it doesn't add up. her immigration office say "Yes of course you've got a visa" But everyone has a different opinion.

Surely if she's not working it's not hurting anyone?

A visa doesn't guarantee entry, it only specifies a time-frame in which a person may apply at a port of entry to enter the U.S. based on the visa, which in her case is a visitor visa BUT>>>>>>>>>>>,,,,,,,,,,.......

The thing is, if she is here 11 of 13 months...is she really visiting????

Not working actually hurts in this case because it's one less reason fo her to go back to South America

Edited April 11, 2015 by Shauneg

[AstraSunny 0]

I'm a EU citizen with residency so I figure that this will not help either?

[Shauneg 762]

I'm a EU citizen with residency so I figure that this will not help either?

Nope, sorry.

[AstraSunny 0]

As I thought it's as clear as mud. Please does anyone know " how long it is before you can re enter the US after a 6 month stay? There must be some sort of simple rules?

[LORIEandPHIL 123]

As I thought it's as clear as mud. Please does anyone know " how long it is before you can re enter the US after a 6 month stay? There must be some sort of simple rules?

Simple rules? not sure there is ever anything simple, but I have read here several times that longer out of the country than in is the best way.

[AstraSunny 0]

Ok, that's what I kinda thought. So if she alternates between South America and US with the greatest time out, that'll be the best way until I can get residency for her?

[divemaster19 17]

I would stay out a lot longer than 2 months as it could easily seem like she is working in the US using her B2 and then just leaving right before her 6 months stay is over. "Not saying this is what she is doing but if I was CBP this is what I would think".

In years that I have gone to the US 4 times for the year I have noticed that towards the third and fourth visit for that year the CBP officer gets a little more stern with the questions, though I have never been sent to secondary. It does help that I only stay a couple of weeks at a time, visit the wife or do business with clients and I am out

[Hypnos 6,576]

11 months out of 13 in the US on a B-2 probably isn't happening.

The most likely outcome if she tries again very soon would be a straight denial of entry/invitation to withdraw her application for entry (less likely), or admission with a shorter I-94 (maybe 1-2 months).

[Dave&Roza 748]

As I thought it's as clear as mud. Please does anyone know " how long it is before you can re enter the US after a 6 month stay? There must be some sort of simple rules?

I bet the next time she enters she will be given a stern warning about her travel habits and she should take this as a sign that unless she remains outside the US longer than she has been in the US--about 1 year to be safe--the CBP will deny her enter or give her a very short period of stay. Also be careful as she could get the tourist visa canceled. The simple rule you want is after a 6 month stay, you should not try to reenter the US for 6 months plus a week or so. 180 days in the US and then 190 out would be the best way to do this. Otherwise you risk her losing her visa.

Dave