Long Stay on B2 Visa

[needmoregatos 2]

My brother (US citizen) is currently dating a girl he met in El Salvador while he was living there. She has a B2 visa that was recently renewed for 10 years. They entered the US last month with the intention to spend a few months there, traveling and visiting family she has. My brother has Global Entry and says they asked them very few questions when entering (destination in the US, if he will cover her stay financially). They wanted to stay the full 180 days permitted with the visa, however, they recently met with an immigration attorney who advised them to stay 90 days max. She also said that if they want to stay longer in the US, they should get married and apply for AOS. 

 

My brother states his girlfriend's main concern is not have problems with her existing tourist visa, and be able to remain in the US for the time permitted without raising flags. He says he is feeling pressured to pursue other options (marriage, AOS) due to the current immigration situation in the US.

 

My question is this:

Will a longer stay on the B2 visa raise flags, and potentially cause problems should she wish to reneter in the future? She has a few previous trips for shorter durations prior to this.

[wildbug100420 317]

6 minutes ago, needmoregatos said:

My brother (US citizen) is currently dating a girl he met in El Salvador while he was living there. She has a B2 visa that was recently renewed for 10 years. They entered the US last month with the intention to spend a few months there, traveling and visiting family she has. My brother has Global Entry and says they asked them very few questions when entering (destination in the US, if he will cover her stay financially). They wanted to stay the full 180 days permitted with the visa, however, they recently met with an immigration attorney who advised them to stay 90 days max. She also said that if they want to stay longer in the US, they should get married and apply for AOS. 

 

My brother states his girlfriend's main concern is not have problems with her existing tourist visa, and be able to remain in the US for the time permitted without raising flags. He says he is feeling pressured to pursue other options (marriage, AOS) due to the current immigration situation in the US.

 

My question is this:

Will a longer stay on the B2 visa raise flags, and potentially cause problems should she wish to reneter in the future? She has a few previous trips for shorter durations prior to this.

What does the I94 say Admit Until Date? You can't enter the US with the intent of marriage and adjustment of status. 

[Crazy Cat 45,245]

19 minutes ago, needmoregatos said:

Will a longer stay on the B2 visa raise flags, and potentially cause problems should she wish to reneter in the future?

Possibly.  Frequent and/or long trips to the US as a visitor can trigger more scrutiny and or a suspicion that a person is trying to live in the US without a proper visa.  Who is applying this pressure?  The attorney who wants to make thousands of dollars by filling in some immigration forms?  

[JeanneAdil 7,234]

If brother feels pressure to marry ,  then he is not ready to commit to marriage at this time

To AOS as the lawyer says is quite expensive and he would need to completely support her till she has the green card and that can take some considerable time.  Being forced to marry under these circumstances would hardly make for a favorable union.

 

He should let her visit till admit date on the I 94 and then the 2 can decide to continue with the relationship

B2 visa and he a USC can make trips to meet and decide on their future without someone forcing it on them for "a huge attorney fee"

If she returns as the admit date requires,  the B2 will not be cancelled 

 

 

[Skyman 342]

Im curious what prompted the visit to the attorney?  Her idea? Maybe she's looking for more?

 

I don't think a 6 month visit would cause a problem but if she leaves and quickly returns again. That could be a problem. 

[needmoregatos 2]

12 minutes ago, Skyman said:

Im curious what prompted the visit to the attorney?  Her idea? Maybe she's looking for more?

 

I don't think a 6 month visit would cause a problem but if she leaves and quickly returns again. That could be a problem. 

Supposedly the attorney visit was prompted just by the current immigration situation in the US. They are in the Los Angeles area. My brother shared that the attorney is a family friend of hers and offered to meet with them free of charge. 

 

The idea about marriage seems to have come out of nowhere. So yes, I'm concerned, and am advising him to slow down.

[Crazy Cat 45,245]

8 minutes ago, needmoregatos said:

Supposedly the attorney visit was prompted just by the current immigration situation in the US. They are in the Los Angeles area. My brother shared that the attorney is a family friend of hers and offered to meet with them free of charge. 

 

The idea about marriage seems to have come out of nowhere. So yes, I'm concerned, and am advising him to slow down.

Longer and more frequent visits will put her on CBP's radar.......and if they even suspect she is abusing her B visa, they can immediately revoke it, and send her home......she could even be banned for 5 years.  Short infrequent visits is the safer route.

On another note, staying 6 months is dangerous because any delay and overstay will immediately and automatically void her B2.

Common Rule of Thumb: If she stays 6 months, then she should remain outside the US for a 6 months to a year before re-entering.

Edited August 22 by Crazy Cat

[TBoneTX 47,903]

3 hours ago, Crazy Cat said:

Common Rule of Thumb: If she stays 6 months, then she should remain outside the US for a 6 months to a year before re-entering.

This.  The general recommendation here is to stay out of the U.S. for twice as long as you spent there.

[SalishSea 18,522]

10 hours ago, needmoregatos said:

Supposedly the attorney visit was prompted just by the current immigration situation in the US. They are in the Los Angeles area. My brother shared that the attorney is a family friend of hers and offered to meet with them free of charge. 

 

The idea about marriage seems to have come out of nowhere. So yes, I'm concerned, and am advising him to slow down.

If it looks like she is using the B visa to live in the US, it can be revoked.

 

With the current state of things, they really need to evaluate their tolerance for risk.

[Boiler 47,885]

22 hours ago, needmoregatos said:

 

Will a longer stay on the B2 visa raise flags, and potentially cause problems should she wish to reneter in the future? She has a few previous trips for shorter durations prior to this.

Yes

[Skyman 342]

So the 'attorney' who is related to your brother's gf is pressuring him to marry her?

[Boiler 47,885]

Probably her only option