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Hello,

 

I apologized if this question has been answered on this forum before. This forum was very helpful when I was getting paperwork for my mom's visitor visa.

She got a visa for one year with a capital M. I assume it means multiple entries. I understand  that she can enter US several times during this year but her combined stay in US should not be longer than 6 months. Could she stay in US longer than 6 months under any conditions in one year period? 

When could she applied for another visa? 

If she decides to apply for adjustment of status for a green card while being here on B1 visa how long would it take to get a green card?

 

My questions may be very basic but I really appreciate all your help and expertise.

 

Thank you. 

 

 

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1 minute ago, tanyanpc said:

I understand  that she can enter US several times during this year but her combined stay in US should not be longer than 6 months. Could she stay in US longer than 6 months under any conditions in one year period? 

Incorrect. She can stay for s long as CBP permits her to stay. There is no limit to how long somebody can stay within a year, only limits per visit.

 

That said, spending too long in the US raises suspicion that she is abusing her visa to live in the US, not visit. CBP may deny entry if so. This is a discretionary decision by the CBP officer. The general rule of thumb is to spend more time outside the US than inside it, with twice as much being preferential.

 

Also note that spending over half the year in the US within a single tax year may have tax consequences and/or residential consequences back home.

 

4 minutes ago, tanyanpc said:

When could she applied for another visa? 

Anytime.

 

4 minutes ago, tanyanpc said:

If she decides to apply for adjustment of status for a green card while being here on B1 visa how long would it take to get a green card?

It would be fraud for her to use a tourist visa to enter with intent to adjust status.


Timelines:

Spoiler

AOS (I-485 + I-131 + I-765):

9/25/17: sent forms to Chicago

9/27/17: received by USCIS

10/4/17: NOA1 electronic notification received

10/10/17: NOA1 hard copy received. Social Security card being issued in married name (3rd attempt!)

10/14/17: Biometrics appointment notice received

10/25/17: Biometrics

1/2/18: EAD + AP approved (no website update)

1/5/18: EAD + AP mailed

1/8/18: EAD + AP approval notice hardcopies received

1/10/18: EAD + AP received

9/5/18: Interview scheduled notice

10/17/18: Interview

10/24/18: Green card produced notice

10/25/18: Formal approval

10/31/18: Green card received

 

K-1:

Spoiler

I-129F

12/1/17: sent

12/14/17: NOA1 hard copy received

3/10/17: RFE (IMB verification)

3/22/17: RFE response received

3/24/17: Approved!

3/30/17: NOA2 hard copy received

 

NVC

4/6/2017: Received

4/12/2017: Sent to Riyadh embassy

4/16/2017: Case received at Riyadh embassy

4/21/2017: Request case transfer to Manila, approved 4/24/2017

 

K-1

5/1/2017: Case received by Manila (1 week embassy transfer??? Lucky~)

7/13/2017: Interview: APPROVED!!!

7/19/2017: Visa in hand

8/15/2017: POE

 

 

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No, she cannot stay past her 6 months. The length her stay is determine by CBP at the border, it is not always 6 months,

 

It is fraud to come over on a tourist visa and adjust status. The visa can be revoked and your mum will be permanently banned if she plans to do this.


 

 

 

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I remember the previous posts her Mother has very strong ties so would not be able to stay.


“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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11 minutes ago, tanyanpc said:

Hello,

 

I apologized if this question has been answered on this forum before. This forum was very helpful when I was getting paperwork for my mom's visitor visa.

She got a visa for one year with a capital M. I assume it means multiple entries. I understand  that she can enter US several times during this year but her combined stay in US should not be longer than 6 months. Could she stay in US longer than 6 months under any conditions in one year period? 

When could she applied for another visa? 

If she decides to apply for adjustment of status for a green card while being here on B1 visa how long would it take to get a green card?

 

My questions may be very basic but I really appreciate all your help and expertise.

 

Thank you. 

 

 

She can't stay pass her allotted time. Also, 6 months is the average, however it is not the given. Meaning the officer at the port of entry could only give her 1 month stay. Then she would have to leave before a month has passed.

 

Keep in mind that your mother only has a 1 year visa. Usually, visitor visas are for 10 years. Her only getting a 1 year visa means they may suspect she is a risk or overstaying yet still allowed her to have the visa as a trial or probation period. You should really consider your mother using her visa sparingly. If she is here for 6 months and she wants to extend it, it will only heighten the suspicions. 

 

Also, applying for AOS on a visitor visa takes time. It is not an instant process. Meaning it would take longer than the maximum allotted time of 6 months. Which would result in her overstay.

 

But the most important thing to remember is she should not plan to use the visitor visa to come and AOS. That is visa fraud. If she is already in the US and decided to AOS then that is ok. But planning to AOS beforehand is a big no-no.


“When starting an immigration journey, the best advice is to understand that sacrifices have to be made; whether it is time, money, or separation or a combination of any or all.” - NuestraUnion

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M mean multiple entries. But the length of each visit is determined by CBP when she reaches a US border; could be 6 months, could be less.

 

It's hard enough for Belarus nationals to get a US visa. You mom should consider herself lucky to have a visa and not abuse that privilege by staying longer than authorized, or by adjusting status. A visitor visa is for temporary visits, then returning home. 


I-751 journey

 

10/16/2017.......... ROC package mailed

10/18/2017.......... I-751 package received VSC

10/19/2017.......... I-797 NOA date

10/30/2017.......... Notice received in mail

10/30/2017.......... Check cashed

11/02/2017.......... Conditional GC expired

11/22/2017.......... Biometrics completed

  xx/xx/xxxx.......... waiting waiting waiting

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41 minutes ago, NuestraUnion said:

Keep in mind that your mother only has a 1 year visa. Usually, visitor visas are for 10 years. Her only getting a 1 year visa means they may suspect she is a risk or overstaying yet still allowed her to have the visa as a trial or probation period.

The max validity period for a B-1/B-2 for Belarus nationals is 1 year.

https://travel.state.gov/content/travel/en/us-visas/Visa-Reciprocity-and-Civil-Documents-by-Country/Belarus.html

Edited by geowrian

Timelines:

Spoiler

AOS (I-485 + I-131 + I-765):

9/25/17: sent forms to Chicago

9/27/17: received by USCIS

10/4/17: NOA1 electronic notification received

10/10/17: NOA1 hard copy received. Social Security card being issued in married name (3rd attempt!)

10/14/17: Biometrics appointment notice received

10/25/17: Biometrics

1/2/18: EAD + AP approved (no website update)

1/5/18: EAD + AP mailed

1/8/18: EAD + AP approval notice hardcopies received

1/10/18: EAD + AP received

9/5/18: Interview scheduled notice

10/17/18: Interview

10/24/18: Green card produced notice

10/25/18: Formal approval

10/31/18: Green card received

 

K-1:

Spoiler

I-129F

12/1/17: sent

12/14/17: NOA1 hard copy received

3/10/17: RFE (IMB verification)

3/22/17: RFE response received

3/24/17: Approved!

3/30/17: NOA2 hard copy received

 

NVC

4/6/2017: Received

4/12/2017: Sent to Riyadh embassy

4/16/2017: Case received at Riyadh embassy

4/21/2017: Request case transfer to Manila, approved 4/24/2017

 

K-1

5/1/2017: Case received by Manila (1 week embassy transfer??? Lucky~)

7/13/2017: Interview: APPROVED!!!

7/19/2017: Visa in hand

8/15/2017: POE

 

 

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if she is seen to be abusing her visa by staying too long in the US, it will be revoked.

 

Remember she needs to answer questions by immigration officials truthfully, so if she plans to adjust status on a visit, she needs to tell the CBP officer at the port of entry that is what she plans to do when asked purpose of visit.

 

If you want her to move to the US, file an i130 and do it properly. 

Edited by SusieQQQ

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Wonder what prevented OP from filing an I-130 when posting as a Naturalized citizen asking about visitor visa for mom 2+ years ago. Potential AOS question seems conveniently timed around B2 entry. 


I-751 journey

 

10/16/2017.......... ROC package mailed

10/18/2017.......... I-751 package received VSC

10/19/2017.......... I-797 NOA date

10/30/2017.......... Notice received in mail

10/30/2017.......... Check cashed

11/02/2017.......... Conditional GC expired

11/22/2017.......... Biometrics completed

  xx/xx/xxxx.......... waiting waiting waiting

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Thank you very much for all your replies. This information is very helpful. I did not know that AOS would be an immigration fraud. 

It seems that my cancer is taking turn for the worse. I would like my mom to stay with me when I become very ill. It could be in 2 months or 2 years.  My mom has no interest in living in US. I could've got her long time ago here. 

 

She is here and was allowed to stay for 6 months. I still have a couple of questions to plan her visit.  We plan, God laughs, so to speak. 

 

If I understand your replies correctly, she could extend her stay beyond allowed 6 months with certain circumstances. Is it right?

 

Could she leave US in 2 months, instead of 6 months, and come back later within her visa expiration date? 

 

I have no idea how much one is allowed to travel between US and another country on a visitor visa. That is why I asked about AOS

 

Thank you again for your time answering my questions. 

 

 

 

 

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