How Much Time is Too Much Time in the US as visitor?

[Michael2017 368]

Hi,

 

There is conflicting information on VJ, what is considered a "safe" time spend in the US as visitor. We all want to be with our loved once, and, some of us can visit with Visa Waiver or B visa during the immigration process. So, now the million dollar question is, which travel pattern are considered acceptable in the eyes of CBP?

 

There are following suggestions on VJ, as far as I know:

 

- Same time in as out

- Double the time out as in

 

Anyone can speak from experience here and advise? 

 

 

[canadian_wife 1,823]

I think you are asking for a hard and fast rule, when in fact it will be up to the individual CBP officer at the time of crossing to determine how long is too long inside the U.S..

 

Long trips followed by a short time out before another attempt at crossing could be a flag.

Lack of ties to one's home country

Immigrant intent

Lack of fiances to support oneself during the trip

 

These are all reasons a CBP can deny one's entry into the United States.  

 

Good luck 

 

[millefleur 5,047]

Maybe tell us what you're planning and then we can give thoughts accordingly?

 

Obviously any advice here on VJ can differ from the actual decision made by CBP.

[Michael2017 368]

Just now, millefleur said:

Maybe tell us what you're planning and then we can give thoughts accordingly?

 

Obviously any advice here on VJ can differ from the actual decision made by CBP.

I have spend about 5 months in USA in 2016. And 2 months in 2017, planning another 2 months in Fall.

My question would be how much more time I can spend in the US without having trouble.

 

I have very strong ties to my home country (I own lots of property and several businesses). However, having filed I-130, means I have shown immigrant intent. Financials are no problem.

 

So, can I go for 3 months in, 3 months out, 3 months in, 3 months out or should  I keep the 4-5 months in/ 7-8 months out as till now until my visa is approved?

[Penguin_ie 5,994]

As mentioned, there is no hard and fast rule.  it depends on your pattern, your ties to home, how nice you are to the CBP officer, whether you are dressed like you can afford all those trips, are they having a good day.... For example, I used to work for a job where I got cheap flights and could consolidate shifts, so I would visit my then-fiance-now-husband for a long weekend almost once a month.  The 5th or 6th time I did, I got stopped and pulled into secondary, and almost denied- this was before we even filed anything!  So next time, I brought tons of ties to home, bills, letter from employer etc and was super nervous.  Didn't get a single question, just passport swiped through machine and waved through.

 

In your case, 2 months earlier this year, then several months out, and 2 months in fall should be fine. You should spend MORE time outside than inside, so doing exactly/ nearly 90 days in/ 90 days out may work a couple of times, but will likely  lead to more scrutiny and eventually a denial of entry. That being said, even if you end up being denied, it won't affect the I-130 processing, and you will have an immigrant visa soon enough, so worth tryng to spend as much time with your loved one as you can.

Edited June 20, 2017 by Penguin_ie

[Michael2017 368]

" That being said, even if you end up being denied, it won't affect the I-130 processing, and you will have an immigrant visa soon enough, so worth tryng to

spend as much time with your loved one as you can."

 

So, you are saying, staying more than 4 months/year in the US on the WV is a risk you would recommend taking?

[Boiler 45,693]

Obviously you are pushing it, do you feel lucky?

[Michael2017 368]

Normally I am not lucky  

[Penguin_ie 5,994]

14 hours ago, Michael2017 said:

" That being said, even if you end up being denied, it won't affect the I-130 processing, and you will have an immigrant visa soon enough, so worth tryng to

spend as much time with your loved one as you can."

 

So, you are saying, staying more than 4 months/year in the US on the WV is a risk you would recommend taking?

 

In your case, yes, I would push for close to 50/50, if you can do it financially, and just be sure to never overstay (fly home on day 88 rather than 90, so if there are flight delays you don't accidentally overstay).  Bring ties to home, prove you don't need to work illegally in the USA, and proof of your having filed for an immigration visa, which shows you want to do things the right/ legal way. Chances are, you will be allowed in for the 90 days a couple of times more, and by then, it will be time for your medical and interview at home, and then you can move. 

 

The reason I think you can risk it is that even if you are denied entry, all that happens is that you have to stay home till your immigration/ spousal visa is aproved, which, going by your timeline of filing in October last year, will be half a year or so. So in your case, I think it is worth the small risk of being turned back at the airport, whereas I would say not worht it to someone who could never visit the US again otherwise/ had no immigrant visa planned.

[Michael2017 368]

20 hours ago, Penguin_ie said:

 

In your case, yes, I would push for close to 50/50, if you can do it financially, and just be sure to never overstay (fly home on day 88 rather than 90, so if there are flight delays you don't accidentally overstay).  Bring ties to home, prove you don't need to work illegally in the USA, and proof of your having filed for an immigration visa, which shows you want to do things the right/ legal way. Chances are, you will be allowed in for the 90 days a couple of times more, and by then, it will be time for your medical and interview at home, and then you can move. 

 

The reason I think you can risk it is that even if you are denied entry, all that happens is that you have to stay home till your immigration/ spousal visa is aproved, which, going by your timeline of filing in October last year, will be half a year or so. So in your case, I think it is worth the small risk of being turned back at the airport, whereas I would say not worht it to someone who could never visit the US again otherwise/ had no immigrant visa planned.

Thank you very much! Th only issue is that I am in F2A category. Meaning, I assume interview will be around August-October 2018 and this is still more than a year away with a couple of 85-88 days visits potentially possible.

Edited June 22, 2017 by Michael2017