Question about my fiance's time in US

[VanessaTony 3,567]

okay so my fiance has been down to the the states in intervals that equal up to about 150 days within the last year...

and if im correct when he is down here he can only be down here for 180 days in one calender year if im right.

and i dont want to be apart during the whole duration of the k1 visa, and i want him to stay with me for a few months until his interview.

so im wondering if its okay that he do that? or will that reject him of a visa due to him spending too much time in the states... im very confused...

please help!!!

They won't reject the visa because he stayed too long. The issue arises at the border. They might only give him a small window to visit because he's been there so often or they might not give him any time at all (i.e. he would be rejected at the border).

He won't be able to stay until his interview for several reasons. Once the NOA2 is received (about 5 months from NOA1) the file will be sent to Canada. He will need to have police clearances done (with fingerprints) as well as medical.

[VanessaTony 3,567]

There's no rule about staying 30 days, unless his I-94 specifically dates his expiration date as 30 days. Do NOT overstay that date.

The issue you may have is when the IO reviews how many times your fiance has been in/out of the U.S. during the year. If it looks like your fiance is attempting to live in the U.S. (which may be considered as spending more days per year in the U.S. than in Canada) it may look suspicious. Proof of ties to Canada, return information, etc should be brought - but it should be brought regardless as entry is never guaranteed anyway.

The person who said 30 days said 30 days because that would be to hit the "180 day limit per year" as he has already stayed 150 days.

That said, it's up to CBP (not the IO which actually refers to the "interviewing officer" for visas/AOS etc) to determine how long someone can say so he'll know at the border whether they'll let him in or not. He's more likely to get turned away because he's been there so long already, and it shows limited ties to Canada that he goes so often.

and what is IO mean?

interviewing officer.

Edited December 24, 2011 by Vanessa&Tony

[lacietee 0]

They won't reject the visa because he stayed too long. The issue arises at the border. They might only give him a small window to visit because he's been there so often or they might not give him any time at all (i.e. he would be rejected at the border).

He won't be able to stay until his interview for several reasons. Once the NOA2 is received (about 5 months from NOA1) the file will be sent to Canada. He will need to have police clearances done (with fingerprints) as well as medical.

but he can stay till the noa2 right?

[VanessaTony 3,567]

but he can stay till the noa2 right?

Well in theory. Depends on CBP. Technically it would take him over the 180 days so they might not let him stay that long. Staying that long won't affect his process though.

[az110965 252]

but he can stay till the noa2 right?

IF CBP permits entry (and there is a chance that he may be denied due to so much time already spent in USA), his I-94 will only be valid for a short time. IF he overstays the I-94 he'd be out of status in the USA.

At the time of your fiance's interview at the Embassy, he WILL be asked about his overstay. The Consulate may misconstrue his prior time spent in the USA prior to the K-1 issuance as him trying to immigrate any possible way and could potentially cause issues at the time of the interview.

I understand you miss your fiance, we all do when the K-1 is processing - but, why create a possibility of a problem at the time of the interview? IF he is permitted re-entry by CBP then by all means he can come and spend time with you, but don't have him overstay...