Limited Visa Duration of Stay

[geowrian 22,335]

1 hour ago, 201 said:

if you are given 3 months tourist visa it is valid for 3 months only. its okay to stay 1 week to 3 months as long as you dont over stay within 3 months entry

The visa duration only determines when you may apply for entry into the US. It has no bearing on how long you can stay. That is strictly dictated by your I-94 as given at POE.

[SusieQQQ 11,584]

3 hours ago, 201 said:

if you are given 3 months tourist visa it is valid for 3 months only. its okay to stay 1 week to 3 months as long as you dont over stay within 3 months entry, 

Incorrect. Validity of the visa is for entry, it’s not linked to duration of stay which is determined by CBP officer on entry. I’ve posted CBP info to this exact effect elsewhere in this forum.

 

3 hours ago, harble said:

 

Thanks for your thoughts. It is really scary, I agree. F2B with about 7 years to go probably. Yes there's an annotation about the exam. 

 

 

Ok, in this case the officer at POE will know that the visa has been issued for a very specific purpose. That said I’m sure they’ll understand if you want to take a little extra time to see family but I wouldn’t push it...maybe take coco’s advice with a flexible ticket and see what they give you on entry.

[Teemo 252]

12 minutes ago, SusieQQQ said:

Ok, in this case the officer at POE will know that the visa has been issued for a very specific purpose. That said I’m sure they’ll understand if you want to take a little extra time to see family but I wouldn’t push it...maybe take coco’s advice with a flexible ticket and see what they give you on entry.

I agree but I think this a more conservative view than mine. Officers both at the consulate and PoE are worried about him intending to immigrate on an non-immigrant visa. So leaving after any length of time that is less than what is given on the I-94 will be totally acceptable to demonstrate he is respectful of that. With the caveat, that I gave earlier, that he should spend 1-2x amount of time outside the country than it it, so if he stays for 3 months he should not try and come back in for another 3-6 months at least. 

 

OP I think you can book your ticket for the length of time you are hoping to stay, which sounds like 1 month, and only in the unlikely scenario your I-94 is less than 30 days would you need to change your return flight. 

Edited June 7, 2018 by Teemo

[201 12]

22 minutes ago, SusieQQQ said:

Incorrect. Validity of the visa is for entry, it’s not linked to duration of stay which is determined by CBP officer on entry. I’ve posted CBP info to this exact effect elsewhere in this forum.

 

Ok, in this case the officer at POE will know that the visa has been issued for a very specific purpose. That said I’m sure they’ll understand if you want to take a little extra time to see family but I wouldn’t push it...maybe take coco’s advice with a flexible ticket and see what they give you on entry.

yes true the validity of visa is 3 months upon her entry to the USA, meaning the duration of her stay will only be within that time when she fly in. WHere is your POE? 

[kemm360 144]

14 hours ago, harble said:

I was given a limited B1/B2 visa for 3 months validity. In the interview at the embassy, I told the consul that I will be staying for 2 weeks only to take an exam. He was hesitant to grant me because I am under petition. I was wondering if anyone can advise me on this. I wish to extend my stay to 1 month so I can spend more time with family/ touring. Is that acceptable? Will it hurt my chances when I reapply for a visa? Or should I stick to 2 weeks to be safe, then just reapply? Thank you.

Just tell them you will be there for a month at the port of entry, only the consular you told knows you want to use 2 weeks, plans can change and you have 3 months visa so using one month should not be a problem, don't mind the judgmental folks on here. Just tell them your intentions at the point of entry and see what they give to you and if questioned (unlikely) tell them change of plans. They like people going straight to the point there.

Edited June 7, 2018 by kemm360

[CEE53147 559]

5 hours ago, 201 said:

if you are given 3 months tourist visa it is valid for 3 months only. its okay to stay 1 week to 3 months as long as you dont over stay within 3 months entry, if you wish to extend you have to file for an extension had to be done i guess months before your visa expires. But mind you they still have the power to deny you depends on the reason why you have to extend. 

 

 

WRONG.  Visa is only for entry.

 

Go home as you said you would at the interview even if they give you longer at entry.  You may want another visa and should be denied if you do not do as you stated the first time.

 

By the way,m why would you even think about doing otherwise.  Your post indicates you lied in order to increase your chance for a visa. VO trusted you.

Edited June 7, 2018 by CEE53147

[SusieQQQ 11,584]

1 hour ago, Teemo said:

I agree but I think this a more conservative view than mine. Officers both at the consulate and PoE are worried about him intending to immigrate on an non-immigrant visa. So leaving after any length of time that is less than what is given on the I-94 will be totally acceptable to demonstrate he is respectful of that. With the caveat, that I gave earlier, that he should spend 1-2x amount of time outside the country than it it, so if he stays for 3 months he should not try and come back in for another 3-6 months at least. 

 

OP I think you can book your ticket for the length of time you are hoping to stay, which sounds like 1 month, and only in the unlikely scenario your I-94 is less than 30 days would you need to change your return flight. 

It’s rare for visas to be annotated, which is why I asked the question. It’s a very clear signal to the CBP officer on entry that the visa has only been issued for one specific purpose.  If OP wasn’t looking to come back and visit again I’d be less conservative because yes as long as there’s no overstay that doesn’t matter, but there’s 7 years to go before priority date is current and OP is going to have to go cap in hand and beg for another visit visa at some stage. So that comes back to exactly what I said earlier : OP needs to decide whether 2 more weeks now is worth the risk of not being able to visit again. Of course no future visit visa is certain anyway so another point of view might just be, do it while you can.

[geowrian 22,335]

1 hour ago, 201 said:

yes true the validity of visa is 3 months upon her entry to the USA, meaning the duration of her stay will only be within that time when she fly in. WHere is your POE? 

Your duration of stay granted by CBP is not based on anything involving the expiration of your visa. The quoted statement above is just incorrect.

[SusieQQQ 11,584]

6 hours ago, 201 said:

 

Yes, I’ve had 4 B visas over the course of a couple of decades before I immigrated. The first two were one year duration each and the second two, 10 years (I immigrated before the second one of those had expired). I can also tell you that I visited the US on average once a year during that time, so while not a massively frequent traveler to the US,  I had plenty of experience going through CBP as a B visa visitor, for both holidays and work.

 

as for “strongly scrutinized”, we happen to think it’s very important here NOT to give people incorrect information. Sorry if you took the correction of your statement personally.

Edited June 7, 2018 by Penguin_ie

[Daisy.Chain 317]

11 hours ago, Teemo said:

 

Everyone here is being conservative, which I understand. But a 3 month validity means you have 3 months to ENTER the country before it expires, not length of stay in the country. Your length of stay will be granted at PoE and will be in your I-94. It is likely to be several months. You can stay up until the very last date on your I-94 with no problem at all, you are not doing anything wrong or unlawful by staying up to the time granted to you. Of course, general rule of thumb is you spend 1-2x more time outside the country than in it, so if you stay for 2 months, you should not try and come back for at least 2-4 months afterward, or they may presume you are using a visitor visa to live in the US. 

 

Staying 2 weeks more than you originally planned for, if within the time lawfully given you on your I-94, is perfectly lawful, acceptable, and normal. It's good to be conservative but also to know the facts. This is not a "loophole" it is the entire point of granting a lawful period on your I-94. 

 

If you are telling them you want to stay 2 weeks for an exam and you really want and intent to stay and live in the US, then yes you should have been denied the visa and you may be denied entry. But nothing OP said here indicates that. It is perfectly lawful, normal, and acceptable to tack on 2 weeks vacation to a 2 week exam period, even if that idea develops after the interview.  Unless the I-94 says you must leave at the end of the 2 week period (unlikely). 

Staying for only the time written in your passport by the POE officer is perfectly lawful but be aware that you might be denied entry next visit if you stay longer than expected. It happened to us even though we were well within legal guidelines. I would stay the time you originally said despite what the POE officer writes in your passport.

[Penguin_ie 5,984]

**** several posts removed for bad language, bickering, and quoting removed posts.  Give OP constructive advice or do not post. ******

[Teemo 252]

4 hours ago, Daisy.Chain said:

Staying for only the time written in your passport by the POE officer is perfectly lawful but be aware that you might be denied entry next visit if you stay longer than expected. It happened to us even though we were well within legal guidelines. I would stay the time you originally said despite what the POE officer writes in your passport.

You will not be denied entry for adding 2 weeks of vacation to a 2 week exam period. This is routine and normal and acceptable. We'd need more details on your specific situation to ascertain why you were denied....perhaps too little time between trips.  No one will get "mad" that he originally said 2 weeks then decided to extend his trip. If they don't want him to do that, they will give him only 2 weeks on his I-94. 

[SusieQQQ 11,584]

1 hour ago, Teemo said:

You will not be denied entry for ...

Honestly, I get where you’re coming from, but you cannot definitively say that to anyone.

especially when a visa is annotated for purpose of visit.

if it wasn’t annotated I’d agree more with you

at the end of the day OP is the one who is going to potentially have to face a consequence when applying for a new visa, not anyone here 

[az2014 381]

1 hour ago, Teemo said:

You will not be denied entry for adding 2 weeks of vacation to a 2 week exam period. This is routine and normal and acceptable. We'd need more details on your specific situation to ascertain why you were denied....perhaps too little time between trips.  No one will get "mad" that he originally said 2 weeks then decided to extend his trip. If they don't want him to do that, they will give him only 2 weeks on his I-94. 

You write so much rubbish. Certainly can be denied for adding 2 weeks. Can be denied because the CBP didnt like the look of him/her. Can be denied because the CBP had a bad morning.

 

If everything is so fine and legit as you say why did OP not say they want to stay for 1 month to go touring at the interview? Because they thought it would lessen their chances of getting approved. So they said just 2 weeks for an exam. Luckily got approved with annotation. Suddenly their whole plan has changed.

 

OP thinks people can't see their plan all along. Deserve to be denied entry.

[Teemo 252]

28 minutes ago, az2014 said:

You write so much rubbish. Certainly can be denied for adding 2 weeks. Can be denied because the CBP didnt like the look of him/her. Can be denied because the CBP had a bad morning.

 

If everything is so fine and legit as you say why did OP not say they want to stay for 1 month to go touring at the interview? Because they thought it would lessen their chances of getting approved. So they said just 2 weeks for an exam. Luckily got approved with annotation. Suddenly their whole plan has changed.

 

OP thinks people can't see their plan all along. Deserve to be denied entry.

If the US does not want people staying past their original intended dates, they would give them only that time on the I-94. He may well get a 2 week stay, it might be 3 months. What do you think the purpose is of the time given on I-94? Just for fun?  They should ignore the time given on the I-94 and listen to @az2014instead? You have a problem with a short 2 week addition if given that time to lawfully be here? You think adding 2 weeks as a tourist to a study or business trip is a criminal endeavor? I stayed an extra week in Australia when I was there for work, to visit the Great Barrier Reef, should I be in handcuffs now? 

 

You haven't even realized the impact of what you are saying btw. The OP has a petition outstanding for which overstay is NOT forgiven, and it is 7 years away. So he is the MOST incentivized to stay within the laws, or he loses his chance to be permanent resident. Staying in the US for 4 weeks if/when his I-94 gives him that time to stay here is not a loophole or breaking immigration laws. It is NORMAL and ACCEPTABLE and COMMON and ROUTINE. Many people stay longer than their original plans, or their main reason for being here, if the US was somehow not ok with that, guess what, I-94 times would be limited to 2 weeks only. Not sure if you have realized this, but a lot of people here on business/study also want to be here for tourism purposes too. 

 

You accusing him of wanting to stay an extra two weeks is like me accusing the doorman of letting me in my own building without me showing ID. Like, it's utterly absurd how normal this is. 

Edited June 7, 2018 by Teemo