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Posted

Hi everyone I'm a newbie here. I don't know any of the technical terms in Visa language, so I guess I should start reading some! :bonk:

But anyways, my boyfriend is from Costa Rica and he wants to try to come "live" with me for a few months. He only has a tourist visa and is planning on buying a plane ticket for 3 months, then changing the return date so he'll stay for 6 months. Then, he's planning on going home to renew the visa, then coming back for another 6 months. Although I just read through some other posts and it seems that you have to stay out for as long as you were in... :unsure:

So, does this plan seem feasible? Would he have to stay out of the country for 6 months after he was here for 6 months? What if he only plans on entering twice? (as in 6 months, leaves, 6 months, leaves then I'm going down to CR with him) Would it be quite difficult for him to get a work visa?

Any help or advice would be appreciated! :thumbs:

N-400 May 2017 Google Doc

Full timeline- 

 

Filed from abroad- Costa Rica

NOA1- NOA2: 316 days

Jan 12, 2013: Married!!
Mar 19, 2013: NOA1

Jan 28, 2014: I-130 approved

NVC- Green Card in Hand: 189 days

Feb 3, 2014: TSC sends case to NVC
April 14: Real checklist for AOS (saying tax number was incorrect when it wasn't)
April 30: Another AOS checklist, for proof of employment (which was already sent)
May 1: Checklist for IV- certified marriage certificate (even though I sent a certified one originally)
July 1: INTERVIEW!!! - APPROVED!
July 16: POE through Miami
July 22: SSN card in the mail
August 30, 2014: Green card arrives in the mail!!!
 
ROC: 366 days
April 27, 2016: Sent 300 page ROC packet to VSC via overnight mail
May 16: Check shown as charged online, received NOA 1 dated April 29
June 20, 2016- Biometrics
April 28, 2017: Approval
May 4, 2017: Approval letter arrived
May 15, 2017: GC arrives in mail
 
N-400: 190 days
May 8: Sent packet to Dallas Lockbox
May 12: NOA 1, Credit card charged
June 7: Biometrics
June 16: "In line"
Oct 2: Interview letter arrives (online status still says ''in line'')
Oct 31: Interview- Approved!
Nov 13: Oath ceremony!  Applied for passport & registered to vote on site.
Nov 22: Passport arrives (paid for expedited service and overnight delivery)
 
Journey complete! A total of 1701 days or 4 years, 7 months and 26 days.
Filed: Citizen (apr) Country: Ireland
Timeline
Posted

Getting a second 6 months (or even 2-3 months) right away would be very difficult. He could try for an extension before leaving the USA, these are often granted, but it's no guarantee.

Work visas depend on what he does; he'd need to be highly skilled.

Bye: Penguin

Me: Irish/ Swiss citizen, and now naturalised US citizen. Husband: USC; twin babies born Feb 08 in Ireland and a daughter in Feb 2010 in Arkansas who are all joint Irish/ USC. Did DCF (IR1) in 6 weeks via the Dublin, Ireland embassy and now living in Arkansas.

mod penguin.jpg

Filed: Citizen (apr) Country: Canada
Timeline
Posted

Tourists do not 'live' in the US - they visit. Staying for as long as he plans may be difficult as I assume (due to the fact he wants to take a year away from CR) that he has minimal ties to his country. He may try this, but no guarentee that it will be successful

He needs, as penguin said, to be highly skilled for a work visa and to have a company offer him a job and ready to sponsor him for a visa (which can cost the company tens of thousands of dollars - so obviously they don't just hire anyone and sponsor them, espeically in this economy when there are plenty of highly skilled Americans looking for work)

Good luck

USCIS
August 12, 2008 - petition sent
August 16, 2008 - NOA-1
February 10, 2009 - NOA-2
178 DAYS FROM NOA-1


NVC
February 13, 2009 - NVC case number assigned
March 12, 2009 - Case Complete
25 DAY TRIP THROUGH NVC


Medical
May 4, 2009


Interview
May, 26, 2009


POE - June 20, 2009 Toronto - Atlanta, GA

Removal of Conditions
Filed - April 14, 2011
Biometrics - June 2, 2011 (early)
Approval - November 9, 2011
209 DAY TRIP TO REMOVE CONDITIONS

Citizenship

April 29, 2013 - NOA1 for petition received

September 10, 2013 Interview - decision could not be made.

April 15, 2014 APPROVED. Wait for oath ceremony

Waited...

September 29, 2015 - sent letter to senator.

October 16, 2015 - US Citizen

Posted

Okay so I guess the next option would be for him to come for 6 months, leave for 6 months, then come another 6 months? Would that be possible?

N-400 May 2017 Google Doc

Full timeline- 

 

Filed from abroad- Costa Rica

NOA1- NOA2: 316 days

Jan 12, 2013: Married!!
Mar 19, 2013: NOA1

Jan 28, 2014: I-130 approved

NVC- Green Card in Hand: 189 days

Feb 3, 2014: TSC sends case to NVC
April 14: Real checklist for AOS (saying tax number was incorrect when it wasn't)
April 30: Another AOS checklist, for proof of employment (which was already sent)
May 1: Checklist for IV- certified marriage certificate (even though I sent a certified one originally)
July 1: INTERVIEW!!! - APPROVED!
July 16: POE through Miami
July 22: SSN card in the mail
August 30, 2014: Green card arrives in the mail!!!
 
ROC: 366 days
April 27, 2016: Sent 300 page ROC packet to VSC via overnight mail
May 16: Check shown as charged online, received NOA 1 dated April 29
June 20, 2016- Biometrics
April 28, 2017: Approval
May 4, 2017: Approval letter arrived
May 15, 2017: GC arrives in mail
 
N-400: 190 days
May 8: Sent packet to Dallas Lockbox
May 12: NOA 1, Credit card charged
June 7: Biometrics
June 16: "In line"
Oct 2: Interview letter arrives (online status still says ''in line'')
Oct 31: Interview- Approved!
Nov 13: Oath ceremony!  Applied for passport & registered to vote on site.
Nov 22: Passport arrives (paid for expedited service and overnight delivery)
 
Journey complete! A total of 1701 days or 4 years, 7 months and 26 days.
Filed: Citizen (apr) Country: Ireland
Timeline
Posted

Most likely yes, it would be approved, though there is always some chance of denial.

Bye: Penguin

Me: Irish/ Swiss citizen, and now naturalised US citizen. Husband: USC; twin babies born Feb 08 in Ireland and a daughter in Feb 2010 in Arkansas who are all joint Irish/ USC. Did DCF (IR1) in 6 weeks via the Dublin, Ireland embassy and now living in Arkansas.

mod penguin.jpg

Posted

Thanks so much for the help! One final question, on those 6 months where he's out of the country would he be able to come back in for just a week or so? Or does he have to stay out the whole time?

N-400 May 2017 Google Doc

Full timeline- 

 

Filed from abroad- Costa Rica

NOA1- NOA2: 316 days

Jan 12, 2013: Married!!
Mar 19, 2013: NOA1

Jan 28, 2014: I-130 approved

NVC- Green Card in Hand: 189 days

Feb 3, 2014: TSC sends case to NVC
April 14: Real checklist for AOS (saying tax number was incorrect when it wasn't)
April 30: Another AOS checklist, for proof of employment (which was already sent)
May 1: Checklist for IV- certified marriage certificate (even though I sent a certified one originally)
July 1: INTERVIEW!!! - APPROVED!
July 16: POE through Miami
July 22: SSN card in the mail
August 30, 2014: Green card arrives in the mail!!!
 
ROC: 366 days
April 27, 2016: Sent 300 page ROC packet to VSC via overnight mail
May 16: Check shown as charged online, received NOA 1 dated April 29
June 20, 2016- Biometrics
April 28, 2017: Approval
May 4, 2017: Approval letter arrived
May 15, 2017: GC arrives in mail
 
N-400: 190 days
May 8: Sent packet to Dallas Lockbox
May 12: NOA 1, Credit card charged
June 7: Biometrics
June 16: "In line"
Oct 2: Interview letter arrives (online status still says ''in line'')
Oct 31: Interview- Approved!
Nov 13: Oath ceremony!  Applied for passport & registered to vote on site.
Nov 22: Passport arrives (paid for expedited service and overnight delivery)
 
Journey complete! A total of 1701 days or 4 years, 7 months and 26 days.
Posted

You're asking questions that are very difficult to answer because the decision is entirely at the discretion of the Immigration Officer at the Port of Entry.

The advice to spend as much time out as you did in the US is based on experiences of several members. There's not a written rule that says as much, to the best of my knowledge.

So if he has a multiple entry tourist visa, he should be able to come and go but they will start to get suspicious of his intentions with every re-entry, particularly if he's spending more time in the US than CR, and they're going to want to know how he's affording his costs-of-living and will probably ask for proof of ties back in CR.

So really, all anyone can say is you're not going to know until you try and always prepare yourself for the possibility of being turned away.

Timeline Summary:

K-1/K-2 NOA1 - POE: 9 February - 9 July 2010

Married: 17 July 2010

AOS mailed - Interview : 22 November 2010 - 10 March 2011

ROC mailed - approved: 14 February - 18 June 2013

Citizenship mailed - ceremony: 9 February - 7 June 2017

 

VJ K-2 AOS Guide

Posted

Is his visitor visa good for 3 months or 6? I'm not really certain as far as CR, but you mentioning that he'll change his ticket from 3 to 6 leads me to believe it's for 3. Did I wrongly infer?

He will have a 6 month visa. We just assumed it would be better to buy a return ticket after 3 so that he could get through the border without the "suspicion" everyone here is talking about.

I appreciate all the responses. I do know it is up to the border official, one time I got turned away and my friend didn't! We will see what happens. Since he should have a job still in CR, maybe if he brings a letter from them it would help.

Thanks again!

N-400 May 2017 Google Doc

Full timeline- 

 

Filed from abroad- Costa Rica

NOA1- NOA2: 316 days

Jan 12, 2013: Married!!
Mar 19, 2013: NOA1

Jan 28, 2014: I-130 approved

NVC- Green Card in Hand: 189 days

Feb 3, 2014: TSC sends case to NVC
April 14: Real checklist for AOS (saying tax number was incorrect when it wasn't)
April 30: Another AOS checklist, for proof of employment (which was already sent)
May 1: Checklist for IV- certified marriage certificate (even though I sent a certified one originally)
July 1: INTERVIEW!!! - APPROVED!
July 16: POE through Miami
July 22: SSN card in the mail
August 30, 2014: Green card arrives in the mail!!!
 
ROC: 366 days
April 27, 2016: Sent 300 page ROC packet to VSC via overnight mail
May 16: Check shown as charged online, received NOA 1 dated April 29
June 20, 2016- Biometrics
April 28, 2017: Approval
May 4, 2017: Approval letter arrived
May 15, 2017: GC arrives in mail
 
N-400: 190 days
May 8: Sent packet to Dallas Lockbox
May 12: NOA 1, Credit card charged
June 7: Biometrics
June 16: "In line"
Oct 2: Interview letter arrives (online status still says ''in line'')
Oct 31: Interview- Approved!
Nov 13: Oath ceremony!  Applied for passport & registered to vote on site.
Nov 22: Passport arrives (paid for expedited service and overnight delivery)
 
Journey complete! A total of 1701 days or 4 years, 7 months and 26 days.
Filed: IR-1/CR-1 Visa Country: Vietnam
Timeline
Posted

He will have a 6 month visa. We just assumed it would be better to buy a return ticket after 3 so that he could get through the border without the "suspicion" everyone here is talking about.

I appreciate all the responses. I do know it is up to the border official, one time I got turned away and my friend didn't! We will see what happens. Since he should have a job still in CR, maybe if he brings a letter from them it would help.

Thanks again!

As long as the CBP officer gives him a 6 month stay upon entry he can stay that long. He doesn't want to overstay the date stamped in his passport upon entry.

Subsequent entries may be more problematic. Long stays on visitor visas without prrof of funds may result in a shorter date or possibly denial of entry. Add in a USC girlfriend and the CBP officer may be more concerned about intent to immigrate.

I-864 Affidavit of Support FAQ -->> https://travel.state.gov/content/visas/en/immigrate/immigrant-process/documents/support/i-864-frequently-asked-questions.html

FOREIGN INCOME REPORTING & TAX FILING -->> https://www.irs.gov/publications/p54/ch01.html#en_US_2015_publink100047318

CALL THIS NUMBER TO ORDER IRS TAX TRANSCRIPTS >> 800-908-9946

PLEASE READ THE GUIDES -->> Link to Visa Journey Guides

MULTI ENTRY SPOUSE VISA TO VN -->>Link to Visa Exemption for Vietnamese Residents Overseas & Their Spouses

Posted

He will have a 6 month visa. We just assumed it would be better to buy a return ticket after 3 so that he could get through the border without the "suspicion" everyone here is talking about.

I appreciate all the responses. I do know it is up to the border official, one time I got turned away and my friend didn't! We will see what happens. Since he should have a job still in CR, maybe if he brings a letter from them it would help.

Thanks again!

The B-2 visa may have an expiration date of 6 months from now, but that is just the expiration date and it has no bearing whatsoever on the length of time he will be allowed to stay in the country if granted entry. The validity period on the visa (date from issuance to expiration) is simply the time allotted for the visa holder to travel to the US. (Also, the number of entries allowed will be on the visa...either a specific number or "M" for multiple will be listed under "entries" on the visa.) Whether you're permitted entry and the length of time you're allowed to stay is entirely up to the discretion of the CPB official at the port of entry and will be reflected on your I-94 card, which is attached to your passport at the time of entry. An extension to the time authorized can be obtained, but it must be done through USCIS, and it is recommended that you apply for it well in advance of the date you must leave as listed on your I-94.

The presumption is always that a tourist is an intending immigrant, so having documentation to disprove said presumption is always a good idea. He should definitely bring any documentation of his compelling social and economic "ties" to his home country. A letter from work specifying the length of his 'vacation' and that his job is waiting for him upon return can be of help if his "intent" is questioned at the time of entry. Evidence that he has sufficient financial means to finance his stay in the US is also recommended.

funny-dog-pictures-wtf.jpg
Filed: IR-1/CR-1 Visa Country: Vietnam
Timeline
Posted

Is that long to file a tourist visa in the philippines?how long??

Obtaining a tourist visa from the Philippines is very difficult. A person must show strong ties to home. Do some reading in the Philippines regional forum to learn more.

I-864 Affidavit of Support FAQ -->> https://travel.state.gov/content/visas/en/immigrate/immigrant-process/documents/support/i-864-frequently-asked-questions.html

FOREIGN INCOME REPORTING & TAX FILING -->> https://www.irs.gov/publications/p54/ch01.html#en_US_2015_publink100047318

CALL THIS NUMBER TO ORDER IRS TAX TRANSCRIPTS >> 800-908-9946

PLEASE READ THE GUIDES -->> Link to Visa Journey Guides

MULTI ENTRY SPOUSE VISA TO VN -->>Link to Visa Exemption for Vietnamese Residents Overseas & Their Spouses

 
Didn't find the answer you were looking for? Ask our VJ Immigration Lawyers.

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