90 days with tourist visa

[Octopuss 0]

Dear all,

I have heard about this website through a new friend who is almost in the same situation as mine (thanks Fran).

I have two citizenships: the Belgian one and the Swiss one. I am living in Belgium. My boyfriend lives in the US. We would like to start the K1 procedure but I am still waiting for my divorce here in Belgium [i always do things complicated].

We can only start the K1 procedure when I will be divorced, i.e. in October at the latest. In the meantime, I am travelling to the US every 2-3 months. At the end of this year (October), I would like to travel with my tourist visa, stay there something like 80-85 days, come back in Belgium for 2 weeks and go back with a new tourist visa. At the end of the second tourist visa, I assume I will have a K1-visa.

I asked the opinion of a lawyer in immigration and he said it should not be a problem if I only do it twice. But I really fear they notice I try to stay in the US and send me back to Belgium. That would be a drama

With your experience, do you think I can do that, combine two long stays of 90 days while waiting for my K1 visa?

Thanks in advance for your help. Any advice is greatly appreciated.

[canadian_wife 1,808]

Entering for 80 days with a 2 week break before you try and enter again for another 80 may raise flags and the CO may question your ties to your home country. There is nothing illegal about it but there is no guarentee either that you will be admitted. Remember, your 2 passports are linked (yes it's true) so if you stay for 80 days on your Swiss one and use your Belgian one for the second trip, they will know about the previous stay.

Remember, for a K-1 you must interview in your home country so you will have to return to Belgium (I assume) to interview.

Good luck.

[Krikit 1,163]

It all depends upon the CBP Officer. Take a look at this link, and pay particular attention to the 4th paragraph:

Travellers on Visa Waiver Program

[Octopuss 0]

Thanks a lot for your advises! I am going to the US next month (I will stay almost 4 weeks and I have an appointment with a lawyer for my future immigration. I will write down all the questions I have in mind and try to have clear answers before I do anything wrong. Again thank you for your help!

[iLoveAPolishGirl 0]

The page Krikit provides does NOT apply to travel under a B-2 tourist visa. For a B-2 you will be automatically granted a MINIMUM 6 month stay on your I-94, regardless of whether less time is requested. Additionally, unlike VWP, you MAY request an extension ... I believe the fee is $350 for that.

So, if you are traveling on a tourist visa (as u said), then why not just stay the full 180 days instead of returning home? If you need more time, you can request extensions of temporary stay in increments of not more than six months each.

Also, since a long trip *might* open you to greater scrutiny, perhaps you might want to purchase return trip for a shorter period of time, then simply exchange that ticket for a much later one after you arrive... typically that only costs like $100 or so to do. Check with your travel agent.

dvc

[canadian_wife 1,808]

I do not believe that she will be traveling on a B-2, I think she is traveling on the VWP and therefore Krikit's link is appropriate

[iLoveAPolishGirl 0]

According to the OP:

At the end of this year (October), I would like to travel with my tourist visa...

dvc

Edited April 23, 2009 by iLoveAPolishGirl

[Bobby+Umit 161]

The page Krikit provides does NOT apply to travel under a B-2 tourist visa. For a B-2 you will be automatically granted a MINIMUM 6 month stay on your I-94, regardless of whether less time is requested. Additionally, unlike VWP, you MAY request an extension ... I believe the fee is $350 for that.

So, if you are traveling on a tourist visa (as u said), then why not just stay the full 180 days instead of returning home? If you need more time, you can request extensions of temporary stay in increments of not more than six months each.

Also, since a long trip *might* open you to greater scrutiny, perhaps you might want to purchase return trip for a shorter period of time, then simply exchange that ticket for a much later one after you arrive... typically that only costs like $100 or so to do. Check with your travel agent.

dvc

Oh - I wouldn't say it's automatic all the time - I have a few friends that come to visit me, and sometimes they only get 90 days or so. Depends on the CBP. But mostly they do it for 6 months.

I suppose my friends look surly, so they get less time.

[iLoveAPolishGirl 0]

It's SUPPOSED to be automatic... apparently some CBP's are not doing thier job properly??? ....

8 CFR PART 214 -- NONIMMIGRANT CLASSES\Sec. 214.2 (B) Visitors --

http://www.uscis.gov/propub/ProPubVAP.jsp?...8e046afc8800b72

(1) General. Any B-1 visitor for business or B-2 visitor for pleasure may be admitted for not more than one year and may be granted extensions of temporary stay in increments of not more than six months each ...

(2) Minimum six month admissions. Any B - 2 visitor who is found otherwise admissible and is issued a Form I - 94, will be admitted for a minimum period of six months, regardless of whether less time is requested, provided, that any required passport is valid ...

dvc

Edited April 23, 2009 by iLoveAPolishGirl

[Octopuss 0]

Hi everybody,

Sorry for the confusion, I was indeed talking about VWP. I call it a tourist visa but it is probably not the correct name.

Do you know about a way to stay longer? What is the B2-visa? I take anything possible :-)

I almost found a job in the US with a J1-visa but when I discovered what it meant (go back to your home country after one year and not allowed to come back to the US for 2 years), of course I refused.

[Bobby+Umit 161]

It's SUPPOSED to be automatic... apparently some CBP's are not doing thier job properly??? ....

8 CFR PART 214 -- NONIMMIGRANT CLASSES\Sec. 214.2 (B) Visitors --

http://www.uscis.gov/propub/ProPubVAP.jsp?...8e046afc8800b72

(1) General. Any B-1 visitor for business or B-2 visitor for pleasure may be admitted for not more than one year and may be granted extensions of temporary stay in increments of not more than six months each ...

(2) Minimum six month admissions. Any B - 2 visitor who is found otherwise admissible and is issued a Form I - 94, will be admitted for a minimum period of six months, regardless of whether less time is requested, provided, that any required passport is valid ...

dvc

then it's because my friends are surly... I always thought so....

[Bobby+Umit 161]

Hi everybody,

Sorry for the confusion, I was indeed talking about VWP. I call it a tourist visa but it is probably not the correct name.

Do you know about a way to stay longer? What is the B2-visa? I take anything possible :-)

I almost found a job in the US with a J1-visa but when I discovered what it meant (go back to your home country after one year and not allowed to come back to the US for 2 years), of course I refused.

Q: What Are the Disadvantages of Using the VWP?

A: If you are admitted to the United States under the VWP, you may not change or extend your non-immigrant status. If your admission is denied, you have no right to administrative or judicial review, except as noted above. Likewise, if you are found to have violated the terms of your admission, you also forfeit the right to contest a removal order and to enter under the VWP ever again. Therefore, before using the VWP, you should carefully consider your options.

Q: When Must I Obtain a Nonimmigrant Visa Instead of Using the VWP?

A: You must obtain a nonimmigrant visa instead of using the VWP if you:

If you intend to arrive in the United States aboard a non-signatory air or sea carrier, you must obtain a nonimmigrant visa prior to boarding the aircraft or vessel.

If you were denied authorization to travel under the VWP via ESTA, you must obtain a nonimmigrant visa prior to your travel to the United States.

Similarly, if you intend to visit the United States for more than 90 days, you must obtain a nonimmigrant visa before arriving in the United States.

If you believe any grounds of inadmissibility at INA § 212(a) apply to you, you should apply for a nonimmigrant visa with Form OF-156 before traveling to the United States. You may obtain Form OF-156 from the American Embassy or consulate nearest your place of residence or at the State Department Web site. ( U.S. Department of State ) Although you may be inadmissible to the United States, you may qualify for a nonimmigrant visa and waiver, which will allow you to travel to the United States.

Source: VWP Faq CBP

[iLoveAPolishGirl 0]

To get a B-2, you have to apply to the consulate, pay the fee and go for an interview. Since I presume the only case above that applies to you is the desire for a > 90 day stay, I suspect you'll have to show rather strong ties (job, etc) that will insure you truly intend to return home. That might be more difficult I suppose since you reside in a VWP country where getting a B-2 is a more unusual practice.

I guess an alternate option is to "intend to arrive in the United States aboard a non-signatory air or sea carrier." I have no idea what such carrier options might be available (??) (sounds like maybe that means a private or chartered plane or vessel?? I suggest researching this.)

Best of luck!

dvc

[iLoveAPolishGirl 0]

then it's because my friends are surly... I always thought so.... wacko.gif

:D sounds like I'd like your friends a lot :D

Seriously, tho, I will say my fiancee always smiles nicely and acts with confidence and has yet to have any difficulty at POE (fingers crossed, knock wood, pinch of salt !!)

dvc

Edited April 23, 2009 by iLoveAPolishGirl

[RankRabbit 0]

Usually they give you six months when you enter, If they decide something is fishy or they feel like being a bunch of pricks, they may cut it down to a shorter length, but that's only if you give them a reason. Otherwise expect the six months, don't worry about it. If you already applied for a K1 anyway it's more likely that you will return to country, you have to for the interview and if you didn't and did something else it would be way easy to convict somebody for visa fraud. Make your visits, don't worry about it.