Time allowed for tourist visa

[John Stone 0]

So after reading this article, I've never been more clear AND confused how long a permanent resident's family member can stay in a 365 day time frame (not calendar year). Our family member has a 10 year tourist Visa and is leaving soon, but we will like for her to be here for the birth of our new child in a few months. But, she's already been here 6 months when she leaves. 

 

What have been people's experiences? What is the truth? 

 

https://www.forbes.com/sites/andyjsemotiuk/2019/05/06/how-long-can-i-stay-in-the-u-s-as-a-visitor/#5a339a995a6c

[Boiler 43,391]

I would give it a year before she tries and come back, there is no set time lines but having been here 6 months any less and it will look like she is living here.

[geowrian 22,335]

The I-94 dictates the duration of stay. This is often up to 6 months but can be less, and can be up to 1 year in rare cases.

https://i94.cbp.dhs.gov/I94/

 

Now, are there consequences for an extended stay? Sure.

If you are in the US too long in a single year, or across multiple years, you may be required to file US taxes under the substantial presence test.

If you are away form your home too long, you may lose befits there.

And the big one - too much time in the US can make CBP believe you are using the visa to live in the US. That can get you denied admission and visa revoked. This is a judgement call at every entry...there is no preset "too long" or "too often" timeline. After a 6 month stay, for example, visiting again in under a year can raise some red flags.

 

[geowrian 22,335]

Might not hurt to read this very recent case:

https://www.visajourney.com/forums/topic/728290-fraud-prevention-manager-email/

 

[Unlockable 7,306]

As mentioned, staying too long in the US and then returning shortly afterwards is too much of a risk. We know people miss their families and want to maximize their time together, but your risk losing the ability to visit in the future. 

 

If your family member returns, I would highly suggest for it NOT to be for numerous months.

[John Stone 0]

Read all your comments and the entire link. It is my wife's 65 year old mom. I know it doesn't matter much but she won't be visiting to marry, haha. When you all say don't try until a year passes, do you mean from the start of arrival or departure? It just gets confusing because the government doesn't use a calendar year on this issue. 

[Unlockable 7,306]

1 minute ago, John Stone said:

Read all your comments and the entire link. It is my wife's 65 year old mom. I know it doesn't matter much but she won't be visiting to marry, haha. When you all say don't try until a year passes, do you mean from the start of arrival or departure? It just gets confusing because the government doesn't use a calendar year on this issue. 

The thread was not about trying to marry. the thread was about staying too long too often in the US.

 

And there are other threads on VJ where parents were denied entry because they stayed too long. And some was because they were babysitting.

[John Stone 0]

7 minutes ago, Unlockable said:

The thread was not about trying to marry. the thread was about staying too long too often in the US.

 

And there are other threads on VJ where parents were denied entry because they stayed too long. And some was because they were babysitting.

I understood what the thread was about. Your reading too much into it. It was my attempt at a joke. 

[geowrian 22,335]

6 minutes ago, John Stone said:

Read all your comments and the entire link. It is my wife's 65 year old mom. I know it doesn't matter much but she won't be visiting to marry, haha. When you all say don't try until a year passes, do you mean from the start of arrival or departure? It just gets confusing because the government doesn't use a calendar year on this issue. 

From departure.

There is no set timeline - the 2x as long outside as inside is a rule of thumb, not a requirement.

Ignore calendar years.

[Boiler 43,391]

Well she is leaving soon so come back in 2021?, probably best not to do the 6 months either, begs the question where she gets her travel insurance.

[geowrian 22,335]

4 minutes ago, John Stone said:

I understood what the thread was about. Your reading too much into it. It was my attempt at a joke. 

I get that there would be not much reason to believe she would come to marry and stay.

But would she see the grandchild and want to stay and/or take care of the child? That is a real concern as people have done exactly that.

[John Stone 0]

20 minutes ago, geowrian said:

I get that there would be not much reason to believe she would come to marry and stay.

But would she see the grandchild and want to stay and/or take care of the child? That is a real concern as people have done exactly that.

She's got 7 other young grandchildren so staying here longer than six months in a 365 day period is not really feasible. She would want to share her love for them. Let me add that my wife hears stories on facebook or her friends of grandparents staying longer than 6 months in a 365 day period. Our person of mention is not interested in staying long in the USA. I personally was confused when the time resets, from arrival or departure. My wife doesn't know who to believe with various things with lots of conflicting stories out there. 

Edited January 7, 2020 by John Stone

[geowrian 22,335]

17 minutes ago, John Stone said:

She's got 7 other young grandchildren so staying here longer than six months in a 365 day period is not really feasible. She would want to share her love for them. Let me add that my wife hears stories on facebook or her friends of grandparents staying longer than 6 months in a 365 day period. Our person of mention is not interested in staying long in the USA. I personally was confused when the time resets, from arrival or departure. My wife doesn't know who to believe with various things with lots of conflicting stories out there. 

The law is they must leave before their duration of stay expires. That is dictated by the I-94.

They can re-enter with a valid visa.

 

In theory, you could stay for 6 months, leave for 1 day, then come back for another 6 months. Then repeat that non-stop. There would be tax implications, but it is allowed.

In practice, you would likely be denied entry by CBP as being suspected of living in the US instead of visiting.

The rule of thumb to spend at least more time outside the US than in it...with twice as much being preferred...is advice (not law) to avoid being suspected of using a tourist visa to live in the US instead of just to visit.

[Boiler 43,391]

With all those Grandchildren is it realistic to expect her to come back so soon?

[carmel34 3,526]

55 minutes ago, John Stone said:

my wife hears stories on facebook or her friends of grandparents staying longer than 6 months in a 365 day period.

The reason for the various stories your wife hears is because entry to the US and length of stay granted on a valid tourist visa is up to the discretion of the CBP officer.  Some officers ask lots of questions and are more strict in their judgment of how the B visa is being used by the foreign visitor.  Others ask very few questions and are more lenient in their interpretation.  Since it's a judgment call it can and does vary from officer to officer.  Hence, the reason for the confusion and inconsistency.  As others have said, and recent VJ posts have confirmed, if visitors use a B visa to spend too much time in the US, it can be revoked, so caution is always a good idea if she wants to return in the coming years.