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Hibari

Length of stay

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22 hours ago, Hibari said:

she would only be staying for 30 days as evidenced by her return ticket. ****** I would like for her to be able to stay for one more month (keeping it under 90 days).

I do not believe she would have a problem as plans do often change and we have to roll with the punches but if she told the officer 30 days, then stayed longer than that, then decided to visit you again and unfortunately got back to the same officer, the officer may recall speaking to her and question her further about her stay.

 

When I visited my husband during our CR1 visa filing process, I was "lucky" to end up going to the same officer on THREE separate visits. He distinctly remembered me because I took my kids with me on each visit and he talked and laughed with them while he processed our passports, etc. He usually joked about me bringing island food in my luggage (which I never did) and the hard fact of being away from my spouse during the process.

 

So.....It is possible to get the same officer again.

 

IR-1/CR-1
Spoiler

GOT MARRIED: 3-APR-2015 :wub:

HUSBAND FILED I-130: 29-MAY-2015

VISAS APPROVED: 15-JUN-2016

VISAS IN HAND; GREEN CARD FEES PAID: 21-JUN-2016

PORT OF ENTRY - FT. LAUDERDALE INTL AIRPORT: 06-AUG-2016
CONDITIONAL GREEN CARDS RECEIVED: 23-SEP-2016
 
I-751 FILER   
Spoiler
FILED REMOVAL OF CONDITIONS: 25-JUN-2018
FILE SENT TO NEBRASKA SERVICE CENTER 11-MAY-2019
10-YR GREEN CARDS APPROVED 17-JUN-2019 
10-YR GREEN CARDS RECEIVED 21-JUN-2019 :dance: 

N-400 FILER
Spoiler
FILED CITIZENSHIP ONLINE; RECEIVED NOA1: 8-DEC-2019
BIOMETRICS WALK-IN: 18-DEC-2019
INTERVIEW SCHEDULED: 26-OCT-2020
APPROVED/SAME DAY OATH CEREMONY: 26-OCT-2020
 
US PASSPORT
APPLICATION APPOINTMENT AT USPS (ROUTINE): 16-SEP-2021
PASSPORT APPROVED: 30-SEP-2021
PASSPORT RECEIVED: 5-OCT-2021
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1 hour ago, Amadia said:

I do not believe she would have a problem as plans do often change and we have to roll with the punches but if she told the officer 30 days, then stayed longer than that, then decided to visit you again and unfortunately got back to the same officer, the officer may recall speaking to her and question her further about her stay.

 

When I visited my husband during our CR1 visa filing process, I was "lucky" to end up going to the same officer on THREE separate visits. He distinctly remembered me because I took my kids with me on each visit and he talked and laughed with them while he processed our passports, etc. He usually joked about me bringing island food in my luggage (which I never did) and the hard fact of being away from my spouse during the process.

 

So.....It is possible to get the same officer again.

 

It's quite possible, the one nice thing I think is that there will be a decent amount of time in between our next visits as I will be going to her country next year, so no back to back visits.

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8 hours ago, SusieQQQ said:

And yet plenty people change plans with no problem as long as they leave within their allotted time, myself included. In my opinion the situation you describe (leaving “months” within i94 and 3 years before return yet still getting a visa revoked) is very unusual and probably had some other issue at play.

She stayed with us and broke no rule at all. 

 

She applied for a tourist visa for her young son so he coud visit his uncle (alone - she had to stay home to work). In the same meeting they denied his application and revoked hers. That is the only complicating circumstance I can think of. However, even if the son was not granted one, why revoke hers?

 

OP: Good luck! A lot of people can do what you asked, but I just wantes to let you know that you should be aware that there is a possibility of failure evven for those of us who scrupulously follow all the rules. Only citizens are always granted access to the US.

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2 minutes ago, Daisy.Chain said:

She stayed with us and broke no rule at all. 

 

She applied for a tourist visa for her young son so he coud visit his uncle (alone - she had to stay home to work). In the same meeting they denied his application and revoked hers. That is the only complicating circumstance I can think of. However, even if the son was not granted one, why revoke hers?

 

OP: Good luck! A lot of people can do what you asked, but I just wantes to let you know that you should be aware that there is a possibility of failure evven for those of us who scrupulously follow all the rules. Only citizens are always granted access to the US.

Thanks! 

 

We have read through just about every rule possible and there is no real consensus on the issue. However I know it is often up to the officer you meet at border. We have been okay with everything up to now so hopefully this one will work out. 

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6 minutes ago, Daisy.Chain said:

She stayed with us and broke no rule at all. 

 

She applied for a tourist visa for her young son so he coud visit his uncle (alone - she had to stay home to work). In the same meeting they denied his application and revoked hers. That is the only complicating circumstance I can think of. However, even if the son was not granted one, why revoke hers?

 

 

Do you know how many people send kids to “visit” relatives and they never come home... I suspect the consulate suspected something of this sort was going on. Sending the kid alone probably looked suspicious in light of this.

 

personally I entered for 2 months, ended up staying for 4, left for 4 and came back again for a month - no hassles. All at a time I actually had no real ties back home!!

Edited by SusieQQQ
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6 minutes ago, SusieQQQ said:

Do you know how many people send kids to “visit” relatives and they never come home... I suspect the consulate suspected something of this sort was going on. Sending the kid alone probably looked suspicious in light of this.

 

personally I entered for 2 months, ended up staying for 4, left for 4 and came back again for a month - no hassles. All at a time I actually had no real ties back home!!

Sorry, I meant alone as in without her. The 14 yr old was going to travel with the son's grandma for 3 weeks during summer break. The grandma already had a tourist visa.

 

Edited by Daisy.Chain
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2 hours ago, Hibari said:

It's quite possible, the one nice thing I think is that there will be a decent amount of time in between our next visits as I will be going to her country next year, so no back to back visits.

My visits weren't back to back....it was actually during Christmas time and only for under 2 weeks due to my job's vacation allotment. 

 

The decision is ultimately always up to the officer in front of you to make any type of determination regarding permission/denial of entry at the airport. They may find that their questions weren't answered satisfactorily or find some other issue...or might just bid you a great stay!

 

In any event, best of luck to you and yours.

IR-1/CR-1
Spoiler

GOT MARRIED: 3-APR-2015 :wub:

HUSBAND FILED I-130: 29-MAY-2015

VISAS APPROVED: 15-JUN-2016

VISAS IN HAND; GREEN CARD FEES PAID: 21-JUN-2016

PORT OF ENTRY - FT. LAUDERDALE INTL AIRPORT: 06-AUG-2016
CONDITIONAL GREEN CARDS RECEIVED: 23-SEP-2016
 
I-751 FILER   
Spoiler
FILED REMOVAL OF CONDITIONS: 25-JUN-2018
FILE SENT TO NEBRASKA SERVICE CENTER 11-MAY-2019
10-YR GREEN CARDS APPROVED 17-JUN-2019 
10-YR GREEN CARDS RECEIVED 21-JUN-2019 :dance: 

N-400 FILER
Spoiler
FILED CITIZENSHIP ONLINE; RECEIVED NOA1: 8-DEC-2019
BIOMETRICS WALK-IN: 18-DEC-2019
INTERVIEW SCHEDULED: 26-OCT-2020
APPROVED/SAME DAY OATH CEREMONY: 26-OCT-2020
 
US PASSPORT
APPLICATION APPOINTMENT AT USPS (ROUTINE): 16-SEP-2021
PASSPORT APPROVED: 30-SEP-2021
PASSPORT RECEIVED: 5-OCT-2021
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1 hour ago, Daisy.Chain said:

Sorry, I meant alone as in without her. The 14 yr old was going to travel with the son's grandma for 3 weeks during summer break. The grandma already had a tourist visa.

 

Yes this case is way more complicated, from a country with a known issue for overstays, than anything OP is considering. I really don’t think its precedent need worry OP.

Edited by SusieQQQ
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Filed: K-1 Visa Country: Wales
Timeline

Many send children to stay with relatives and go to school.

“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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  • 1 month later...
Filed: K-1 Visa Country: Colombia
Timeline

Like someone said before, if she plans to re-visit you should do what you said to the CBP.

 

On my las entry I was highly scrutinized. During one of my visits last year I told CBP I'd stay for 3 months, but ended up staying longer. On my last entry back in august I was asked why I stayed longer than what I told to the CBP.

I must say that over the last year and a half I have spend a lot of time in the US therefore the scrutinity. I have read about people who had been denied entry even from countries with a VWP.

 

Good luck.

 

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