Did my wife overstay?

[jameswhunt 12]

My wife is planning to visit me in the United States and we are just going over everything in preparation. She hasn't been to the United States in over a year.

In 2013 she made three trips to the United States:

1) 10 day visit

2) 21 day visit (her passport was stamped with a return date)

3) Just over 5 months but under 6 months (her passport was stamped B2 with a 6 month limit)

I hadn't even thought about this until now, because I thought that the time limits were based on calendar year, but did my wife overstay in the US? Since her passport was stamped with a specific date, and she went home prior to hitting that date, I wouldn't have thought so... But now I'm curious since she spent more than 6 months out of 365 days in the United States.

Also, we were not married at that time but are now... She has a new passport with new passport number. Not sure if that means anything.

What are your thoughts?

EDIT: Just wanted to mention that roughly 4 months after her last visit we were approved for the K1. Not sure if they would have approved her if she had broken the rules?

Edited July 15, 2015 by jameswhunt

[jameswhunt 12]

Here is an interesting article that was recently published stating that the "180 day rule" is actually maximum number of consecutive days not 180 total days out of 365...

http://www.lexology.com/library/detail.aspx?g=bb7206f5-69f7-472f-94a2-cfb18755e3ea

[newacct 688]

There is no such restriction like how many days you can be in the US out of how many days. Each time she enters she will get an I-94 date, and that is how long she can stay. The immigration officer could give a longer or shorter period of time on the I-94, but whatever they give, is how long she can stay.

If hypothetically she comes for 6 months and goes back for 1 day and then comes again, and if the officer (for some reason) gives her 6 months again, then she can stay that long again.

Edited July 15, 2015 by newacct

[mbalih 35]

There is no such restriction like how many days you can be in the US out of how many days. Each time she enters she will get an I-94 date, and that is how long she can stay. The immigration officer could give a longer or shorter period of time on the I-94, but whatever they give, is how long she can stay.

If hypothetically she comes for 6 months and goes back for 1 day and then comes again, and if the officer (for some reason) gives her 6 months again, then she can stay that long again.

I agree with you!

[Boiler 43,438]

Me too