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eric_and_teresa

Visa Fraud- Using B-2 with intention to immigrate

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Filed: AOS (apr) Country: Ireland
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So after 16 pages we discover that life is indeed unfair and that some people can't comprehend that simple truism.

Oh well there goes 15 minutes of my life that I will never get back.

:reading:

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Filed: K-1 Visa Country: Poland
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I don't think she is the exception to the rule... the 6 months granted at the POE are most of the times, for what I know, the standard.

I was given 6 months every time I traveled to the U.S. on my B-2 (I never stayed for more than 2 weeks, I always had to go back to work). And for what I remember, my friends and family members have always been granted the same ammount of time, when entering on their B-2. The only time it was different, was a couple of months ago that my dad made a trip to C.A. for business, and when he said the main reason for his trip was business, they only granted 3 weeks, he was only planning to stay 4 days anyway.

I don't know if someone knows the reason of why they have that "6 month" standard when you say you come for tourism? It just seems unreal to me that someone who is really just visiting, could stay for 6 months? IMO, that is the reason why there are so many B-2 holders working in the U.S., I have also known a few cases of people coming on their B-2 and working for 6 months and going back to their country.

I certainly don't know the 'why' behind that law, but it is the law. I'm sure it is because of this law that (at least in Poland) one can purchase a ticket with a flexible return date ... which is exactly what my fiancee purchased specifically because we intend to extend her trip if our K-1 interview is not scheduled until say Sept or Oct or even later (which is most likely.)

I presume LOT airlines offers such a flexible ticket option BECAUSE of this law. Regardless, though, the law is clear... a border officer MUST stamp a B2 visitor's I94 with no less then 6 months or he is in violation of the US code of regulation 8 CFR PART 214 -- NONIMMIGRANT CLASSES \ § Sec. 214.2 ( b ) ...

http://www.uscis.gov/propub/template.htm?v...ash=0-0-0-12481

(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 as specified in section 212(a)(26) of the Act. Exceptions to the minimum six month admission may be made only in individual cases upon the specific approval of the district director for good cause.

Note that this applies only to B2s, not B1s, so that might be the reason for your father above?

At any rate, we would have taken this up via legal channels had a different time been alloted.

dvc

0910262302151d80_6881__t.jpg

05/03/2008 -- first email

11/01/2008 -- first skype messages

01/14/2009 -- she flies to USA, stuck overnight in Frankfurt

01/15/2009 -- she arrives in USA

01/16/2009 -- proposed! she says YES!!! :)

02/14/2009 -- 6 days of bliss in Walt Disney World (6mo given on I94)

02/23/2009 -- sent I129F Next Day Air

02/25/2009 -- NOA1

03/01/2009 -- Touched

04/09/2009 -- She flies to USA for 9 day visit (6mo given on I94)

06/20/2009 -- She arrives for summer visit (6mo given on I94, warned about too frequent visits)

06/30/2009 -- NOA2

Note: petition processed thru NVC and sent to embassy in about 1 week :o

Note: got an initial interview date in Sept, but decided to put it off so she could extend her vacation here thru end of October

10/21/2009 -- She returns to Poland :(

12/01/2009 -- Embassy interview -- SUCCESS!! :)

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Filed: AOS (apr) Country: Ireland
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................ It just seems unreal to me that someone who is really just visiting, could stay for 6 months? ....................

There is nothing unreal about it. Just because it does not apply to you does not mean there are not plenty of other people to whom it does apply. There are my tens of thousands of people who maintain vacation homes in the USA and are retired. It is perfectly reasonable for them to visit that home over the winter months to escape the colder weather at home as just one example. They are tourists in that situation not permanent residents.

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It just seems unreal to me that someone who is really just visiting, could stay for 6 months?

A lot of people in this world travel for long periods of time. While it is not in most Americans view of lifestyle to take more than a few weeks vacation each year, many people from other countries take holidays that last months.

I know several English, Kiwi and Aussies that have regularly traveled for years on end during periods of their life.

------- ROC ---------------

06.29.2011 Mailed I-751

09.22.2011 RFE

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Filed: Citizen (apr) Country: Guatemala
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iLoveAPolishGirl, thank you for your response, that clears the point that the 6 months granted on a B-2 are not the exception to the rule.

Familyguy, I am well aware that there are people who go can come to the U.S for months, to visit their summer or winter houses, etc. It sure does not apply to me ( I could have never left my office for more than 3 weeks when I was living back home), but it sure does not apply to the vast majority of B-2 holders. IMO, that is the reason of a good ammount of illegal workers that come to the U.S. for a six month "vacacation" on a B-2. Also about your comment of loosing 15 minutes of your life.... stop reading now, because you'll end up loosing another 15 minutes more! Don't want to waste any more of your precious time.

I agree Ed+Cindy, people from other countries, especially European countries seem to know how to relax better than the most of us in the American continent LOL.

Edited by eric_and_teresa

APPLIED FOR NATURALIZATION 07/2021

08.01.2011 - I-751 SENT

08.05.2011 - Check cashed

08.08.2011- NOA Received

08.19.2011 - Biometrics Letter Received

09.12.2011 - Biometrics Appointment

01.27.2012 - Card production ordered

02.01.2012 - 10 year GC Received

07.25.2021 - N400 filed online

08.09.2021- Biometrics re-use notice

04.18.2022- Interview done at Minneapolis USCIS Local Office   ✔️ Received N-652 "Congratulations your application has been recommended for approval" during the interview.

05.19.2022- Oath Ceremony in MN

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iLoveAPolishGirl, thank you for your response, that clears the point that the 6 months granted on a B-2 are not the exception to the rule.

Familyguy, I am well aware that there are people who go can come to the U.S for months, to visit their summer or winter houses, etc. It sure does not apply to me ( I could have never left my office for more than 3 weeks when I was living back home), but it sure does not apply to the vast majority of B-2 holders. IMO, that is the reason of a good ammount of illegal workers that come to the U.S. for a six month "vacacation" on a B-2. Also about your comment of loosing 15 minutes of your life.... stop reading now, because you'll end up loosing another 15 minutes more! Don't want to waste any more of your precious time.

I agree Ed+Cindy, people from other countries, especially European countries seem to know how to relax better than the most of us in the American continent LOL.

When are you going to stop whining about how things that weren't/aren't available to you through immigration are 'unfair'?

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Filed: AOS (apr) Country: Ireland
Timeline
iLoveAPolishGirl, thank you for your response, that clears the point that the 6 months granted on a B-2 are not the exception to the rule.

Familyguy, I am well aware that there are people who go can come to the U.S for months, to visit their summer or winter houses, etc. It sure does not apply to me ( I could have never left my office for more than 3 weeks when I was living back home), but it sure does not apply to the vast majority of B-2 holders. IMO, that is the reason of a good ammount of illegal workers that come to the U.S. for a six month "vacacation" on a B-2. Also about your comment of loosing 15 minutes of your life.... stop reading now, because you'll end up loosing another 15 minutes more! Don't want to waste any more of your precious time.

I agree Ed+Cindy, people from other countries, especially European countries seem to know how to relax better than the most of us in the American continent LOL.

When are you going to stop whining about how things that weren't/aren't available to you through immigration are 'unfair'?

Lets start a sweepstake I pick 2019 :lol:

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Filed: Citizen (apr) Country: Guatemala
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iLoveAPolishGirl, thank you for your response, that clears the point that the 6 months granted on a B-2 are not the exception to the rule.

Familyguy, I am well aware that there are people who go can come to the U.S for months, to visit their summer or winter houses, etc. It sure does not apply to me ( I could have never left my office for more than 3 weeks when I was living back home), but it sure does not apply to the vast majority of B-2 holders. IMO, that is the reason of a good ammount of illegal workers that come to the U.S. for a six month "vacacation" on a B-2. Also about your comment of loosing 15 minutes of your life.... stop reading now, because you'll end up loosing another 15 minutes more! Don't want to waste any more of your precious time.

I agree Ed+Cindy, people from other countries, especially European countries seem to know how to relax better than the most of us in the American continent LOL.

When are you going to stop whining about how things that weren't/aren't available to you through immigration are 'unfair'?

I'm not whining, I'm entitled to my opinion, if you don't like it then stop reading it.

When are you going to stop wanting to have last word on every single subject and when are you going to stop acting as a lawyer wannabe.

And don't even bother responding because I'm adding you to my ignore list.

Edited by eric_and_teresa

APPLIED FOR NATURALIZATION 07/2021

08.01.2011 - I-751 SENT

08.05.2011 - Check cashed

08.08.2011- NOA Received

08.19.2011 - Biometrics Letter Received

09.12.2011 - Biometrics Appointment

01.27.2012 - Card production ordered

02.01.2012 - 10 year GC Received

07.25.2021 - N400 filed online

08.09.2021- Biometrics re-use notice

04.18.2022- Interview done at Minneapolis USCIS Local Office   ✔️ Received N-652 "Congratulations your application has been recommended for approval" during the interview.

05.19.2022- Oath Ceremony in MN

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Filed: K-1 Visa Country: Singapore
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