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jameswhunt

Did my wife overstay?

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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 by jameswhunt

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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

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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 by newacct

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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!

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Me too


“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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