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B1/2 visa stay

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Filed: Citizen (apr) Country: Argentina
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Just now, fwb3566 said:

we want to travel here as much as possible

And again, spending a month in the US, a month outside, and then a month back in just because you are allowed a six month trip with a B1/B2 establishes a pattern where she'd be spending too much time inside the US. Just because you're allowed to do something it doesn't mean it's actually a good idea to do it.

FROM F1 TO AOS

October 17, 2019 AOS receipt date 

December 09, 2019: Biometric appointment

January 15, 2020 RFE received

January 30, 2020  RFE response sent

Feb 7: EAD approved and interview scheduled

March 18, 2020 Interview cancelled

April 14th 2020: RFE received

April 29, 2020 Approved without interview

May 1, 2020 Card in hand

 

REMOVAL OF CONDITIONS

February 1, 2022 package sent

March 28, 2022 Fingerprints reused

July 18, 2023 approval

July 20, 2023 Card in hand

 

N400 

January 30,2023: Online filing

February 4th, 2023: Biometric appointment

June 15th, 2023: Case actively being reviewed

July 11th, 2023: Interview scheduled.

August 30th, 2023: Interview!

August 31st, 2023: Oath ceremony scheduled.

Sept 19th, 2023: Officially a US citizen!

 


 

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6 hours ago, Jorgedig said:

Because the B visa is not to be used for actually living in the US.   CBP will rightly wonder how she can afford to have such long vacations in the US, and whether she is working here remotely, which is not permitted.   
 

If she wants to spend so much time here, she needs a green card.

 

Also-  you seem to think that the 6 months is an entitlement .   It is not.   CBP can admit her for any length of time under 6 months, or they can deny her entry if they suspect immigrant intent, which is very likely as she appears to have no job or other ties to home, as evidenced by long trips to the US.

So one 4 month visit is suspect for immigrant intent? So her past travel history and honoring all her visas has no weight on travel, she has had 3 Schengen visas and more and honored them all.

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Filed: Citizen (apr) Country: Argentina
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1 minute ago, fwb3566 said:

So one 4 month visit is suspect for immigrant intent

Didn't you say she wanted to return?

FROM F1 TO AOS

October 17, 2019 AOS receipt date 

December 09, 2019: Biometric appointment

January 15, 2020 RFE received

January 30, 2020  RFE response sent

Feb 7: EAD approved and interview scheduled

March 18, 2020 Interview cancelled

April 14th 2020: RFE received

April 29, 2020 Approved without interview

May 1, 2020 Card in hand

 

REMOVAL OF CONDITIONS

February 1, 2022 package sent

March 28, 2022 Fingerprints reused

July 18, 2023 approval

July 20, 2023 Card in hand

 

N400 

January 30,2023: Online filing

February 4th, 2023: Biometric appointment

June 15th, 2023: Case actively being reviewed

July 11th, 2023: Interview scheduled.

August 30th, 2023: Interview!

August 31st, 2023: Oath ceremony scheduled.

Sept 19th, 2023: Officially a US citizen!

 


 

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3 minutes ago, Rocio0010 said:

And again, spending a month in the US, a month outside, and then a month back in just because you are allowed a six month trip with a B1/B2 establishes a pattern where she'd be spending too much time inside the US. Just because you're allowed to do something it doesn't mean it's actually a good idea to do it.

Well it won't be an issue in 18 months, I will be retired in Indonesia where we will get married and I will get an ITAS. Will take a few weeks and give me a one year stay, after that I can get a ITAP, good for 5 years, so simple cut and dry.... 

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Filed: Citizen (apr) Country: Argentina
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Just now, fwb3566 said:

Well it won't be an issue in 18 months, I will be retired in Indonesia where we will get married and I will get an ITAS. Will take a few weeks and give me a one year stay, after that I can get a ITAP, good for 5 years, so simple cut and dry.... 

I have no idea what ITAS and ITAP are

FROM F1 TO AOS

October 17, 2019 AOS receipt date 

December 09, 2019: Biometric appointment

January 15, 2020 RFE received

January 30, 2020  RFE response sent

Feb 7: EAD approved and interview scheduled

March 18, 2020 Interview cancelled

April 14th 2020: RFE received

April 29, 2020 Approved without interview

May 1, 2020 Card in hand

 

REMOVAL OF CONDITIONS

February 1, 2022 package sent

March 28, 2022 Fingerprints reused

July 18, 2023 approval

July 20, 2023 Card in hand

 

N400 

January 30,2023: Online filing

February 4th, 2023: Biometric appointment

June 15th, 2023: Case actively being reviewed

July 11th, 2023: Interview scheduled.

August 30th, 2023: Interview!

August 31st, 2023: Oath ceremony scheduled.

Sept 19th, 2023: Officially a US citizen!

 


 

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Filed: Citizen (apr) Country: Argentina
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Just now, fwb3566 said:

Yes, that is why I am asking here, trying to find out the unwritten rules of her visa......

Unwritten rule:

One four trip to the US on a B1 B2 visa might not be a red flag.

Multiple trips to the US with little time in between will.

FROM F1 TO AOS

October 17, 2019 AOS receipt date 

December 09, 2019: Biometric appointment

January 15, 2020 RFE received

January 30, 2020  RFE response sent

Feb 7: EAD approved and interview scheduled

March 18, 2020 Interview cancelled

April 14th 2020: RFE received

April 29, 2020 Approved without interview

May 1, 2020 Card in hand

 

REMOVAL OF CONDITIONS

February 1, 2022 package sent

March 28, 2022 Fingerprints reused

July 18, 2023 approval

July 20, 2023 Card in hand

 

N400 

January 30,2023: Online filing

February 4th, 2023: Biometric appointment

June 15th, 2023: Case actively being reviewed

July 11th, 2023: Interview scheduled.

August 30th, 2023: Interview!

August 31st, 2023: Oath ceremony scheduled.

Sept 19th, 2023: Officially a US citizen!

 


 

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Filed: K-1 Visa Country: Russia
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You asked a question. You got answers. The rest is purely semantics and useless philosophical debate. No one at the CBP cares what you and your girlfriend “want”. You can do whatever you guys want anywhere it is permitted. Here it is not. End of the story. You got answers. 

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Filed: Citizen (apr) Country: Argentina
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2 minutes ago, fwb3566 said:

If married to an Indonesian citizen I can get a ITAS good for multiple entries for one year, after that a ITAP good for 5 years and can renew every 5 years.

Cool. Indonesian and US rules for visiting and staying are different then. 
If she wants to visit here, then she has to abide by the rules (written or unwritten)

FROM F1 TO AOS

October 17, 2019 AOS receipt date 

December 09, 2019: Biometric appointment

January 15, 2020 RFE received

January 30, 2020  RFE response sent

Feb 7: EAD approved and interview scheduled

March 18, 2020 Interview cancelled

April 14th 2020: RFE received

April 29, 2020 Approved without interview

May 1, 2020 Card in hand

 

REMOVAL OF CONDITIONS

February 1, 2022 package sent

March 28, 2022 Fingerprints reused

July 18, 2023 approval

July 20, 2023 Card in hand

 

N400 

January 30,2023: Online filing

February 4th, 2023: Biometric appointment

June 15th, 2023: Case actively being reviewed

July 11th, 2023: Interview scheduled.

August 30th, 2023: Interview!

August 31st, 2023: Oath ceremony scheduled.

Sept 19th, 2023: Officially a US citizen!

 


 

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2 minutes ago, Rocio0010 said:

Cool. Indonesian and US rules for visiting and staying are different then. 
If she wants to visit here, then she has to abide by the rules (written or unwritten)

Yes very different lol

Thank you for explaining

I will just take the hit and retire early, no sense in guessing when it is safe or not to return.

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Filed: K-1 Visa Country: Wales
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Is she independently wealthy? What does she do to fund these trips 

“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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5 minutes ago, mari04 said:

You asked a question. You got answers. The rest is purely semantics and useless philosophical debate. No one at the CBP cares what you and your girlfriend “want”. You can do whatever you guys want anywhere it is permitted. Here it is not. End of the story. You got answers. 

Has nothing to do  with what we want, just trying to find out about the unwritten rules of a visa and don't want to have to guess when it is safe to return.

Thanks for chiming in......

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Just now, Boiler said:

Is she independently wealthy? What does she do to fund these trips 

No, but she saves her money for travel and was traveling with me in my rv, and of course I pay most of the expenses.

And as I said, I am retiring in 18 months, we were going to travel the US as much as possible before that happens.

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Filed: Citizen (apr) Country: Myanmar
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16 minutes ago, fwb3566 said:

She is not living here,

you  wrote:

14 hours ago, fwb3566 said:

Last year she received a B 1/2 visa to come to the US and traveled with me in my RV for 4 months. She left a month ago and wants to return to travel more with me,

So she has spent 4 of the past 5 months USA and wants to come back now. To CBP that’s living in the USA. 
 

1. When she had her visa interview, what duration of stay did she tell the CO?

 

2. Similarly at the port of entry what duration of stay did she she tell the CBPO? 

 

 

16 minutes ago, fwb3566 said:

I am retiring in 18 months to live in Indonesia, we want to travel as much as possible here before that.

Not relevant to CBP 

 

16 minutes ago, fwb3566 said:

 

If you think there are not many unique places in the US you have not traveled.

39 states plus DC, Puerto Rico, American Samoa. It’s mostly monotonous and repetitive. I’d much prefer to spend 30 days in Indonesia than Indiana  or for that matter Hawaii. 

16 minutes ago, fwb3566 said:

We are not looking for status change, what is the point, we will be living in Indonesia.

I believe you.  
 

Under U.S. law she is presumed to have immigration intent until she can convince CBP otherwise.  
 

3. CBP is going to wonder how  is she able to spend 8 months out of 9 in the USA without working?

 

That was the point I raised in my first comment on this thread and you didn’t address it.  

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