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Posted

An extension is your safest bet if you want your MIL to use her tourist visa ever again in the future. The CBP officers have a record of every arrival and departure. Staying in the US for a year practically makes it her residence and that's not the purpose of her visa.

Filed: K-1 Visa Country: Wales
Timeline
Posted

The only problem is that you need a valid reason, none has been mentioned.

“If you know the enemy and know yourself, you need not fear the result of a hundred battles. If you know yourself but not the enemy, for every victory gained you will also suffer a defeat. If you know neither the enemy nor yourself, you will succumb in every battle.”

Filed: Citizen (apr) Country: Canada
Timeline
Posted

We have verified that she can enter Mexico without requiring anything more than her Romanian passport. When she returns into the USA after eating a few enchiladas in Mexico, she still has some days left before her Tourist Visa 6-month stay period is over. Her Tourist Visa is good for 10 years.

Would she be denied re-entry into the USA?

When she re-enters, does she get another 6 months in the USA?

If not, how long does she need to sit and drink tequila in Mexico before she can re-enter and get another 6 months?

Anybody know where the rules are on this (how long before you can re-enter?) on the USCIS page? I can't find it.

We're not trying to make her an illegal immigrant--we're just trying to buy a little more time before we can arrange a suitable living/healthcare situation for her back in Romania, because she is currently experiencing very bad health. If we boot her back to Bucharest now, my wife would have to return just to care for her.

Do you think you're the first person to have tried this? The CBP will be on to you. They may permit her entry but likely only to the 1st authorized stay date.

She might be denied entry, upon which time she'll have to remain in Mexico or return to Romania. It is up to the CBP how long she needs to be out of the US before she attempts re-entry. Some say 6 months, some say a year. It is not likely, if denied entry, she can sit in Mexico and drink tequila for a short time and be expected allowed another 6 months.

No, 6 months allowance in the US is not automatic. She may have a tourist visa good for 10 years but they may only authorize her stay for 2 weeks, 3 days, whatever. It is up to them to use their discretion. Remember, if she is denied entry, they may cancel her tourist visa - which makes your future plans of having her in the US much much more difficult

Please think this plan through

Good luck

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


NVC
February 13, 2009 - NVC case number assigned
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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

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April 15, 2014 APPROVED. Wait for oath ceremony

Waited...

September 29, 2015 - sent letter to senator.

October 16, 2015 - US Citizen

  • 2 months later...
Filed: IR-1/CR-1 Visa Country: Romania
Timeline
Posted

We got the extension I539 approval last week, so she can stay another 6 months. Glad we didn't try the Mexico-Border-Hop.

Now we wonder how long she will need to stay out of North America before she can return, since her Visa is good for 10 years. Couldn't find that info on the USCIS site.

USCIS JOURNEY

11/04/2010: Sent I-130 packet.

11/07/2010: NOA1, Priority Date

11/09/2010: Touched

11/16/2010: I-797C, Notice of Action received

03/15/2011: Touched

04/10/2011: Sent email to my Democrat congressman

04/15/2011: Sent email to my Republican senator

04/26/2011: NOA2 - Approved

04/30/2011: NOA2 - Received in mail

NVC JOURNEY

05/06/2011: NVC received case from USCIS

05/06/2011: NVC case number assigned

05/09/2011: Received IIN and Beneficiary ID number via email

05/09/2011: Emailed DS-3032 and optin email

05/09/2011: AOS bill invoiced and paid

05/10/2011: AOS bill shows PAID

05/10/2011: NVC accepted wife's DS-3032 email

05/11/2011: Mailed AOS package to NVC

05/11/2011: IV bill invoiced and paid

05/12/2011: AOS package shows as delivered to NVC

05/13/2011: IV bill shows PAID

05/19/2011: Wife sent DS-260 & supporting documents via DHL to me

05/23/2011: I received DS-260 documents from wife

05/24/2011: IV package mailed

05/26/2011: IV package received by NVC

06/07/2011: NVC Case Completed

06/09/2011: Interview scheduled

Medical / US Consulate / POE:

06/14/2011: Consulate received case from NVC

06/27/2011: Medical examination

07/19/2011: I fly to Bucharest to be with my wife for interview

07/26/2011: Interview (Approved)

07/26/2011: Visa received

07/28/2011: I fly back to USA

09/06/2011: POE

Filed: K-1 Visa Country: Wales
Timeline
Posted

At least a year.

Renewing could be interesting.

“If you know the enemy and know yourself, you need not fear the result of a hundred battles. If you know yourself but not the enemy, for every victory gained you will also suffer a defeat. If you know neither the enemy nor yourself, you will succumb in every battle.”

Filed: IR-1/CR-1 Visa Country: Romania
Timeline
Posted (edited)

At least a year.

Renewing could be interesting.

Her visa is good for 10 years, so is "renewing" the right word? And "at least one year"...sources?

Thanks!

Edited by Burebista

USCIS JOURNEY

11/04/2010: Sent I-130 packet.

11/07/2010: NOA1, Priority Date

11/09/2010: Touched

11/16/2010: I-797C, Notice of Action received

03/15/2011: Touched

04/10/2011: Sent email to my Democrat congressman

04/15/2011: Sent email to my Republican senator

04/26/2011: NOA2 - Approved

04/30/2011: NOA2 - Received in mail

NVC JOURNEY

05/06/2011: NVC received case from USCIS

05/06/2011: NVC case number assigned

05/09/2011: Received IIN and Beneficiary ID number via email

05/09/2011: Emailed DS-3032 and optin email

05/09/2011: AOS bill invoiced and paid

05/10/2011: AOS bill shows PAID

05/10/2011: NVC accepted wife's DS-3032 email

05/11/2011: Mailed AOS package to NVC

05/11/2011: IV bill invoiced and paid

05/12/2011: AOS package shows as delivered to NVC

05/13/2011: IV bill shows PAID

05/19/2011: Wife sent DS-260 & supporting documents via DHL to me

05/23/2011: I received DS-260 documents from wife

05/24/2011: IV package mailed

05/26/2011: IV package received by NVC

06/07/2011: NVC Case Completed

06/09/2011: Interview scheduled

Medical / US Consulate / POE:

06/14/2011: Consulate received case from NVC

06/27/2011: Medical examination

07/19/2011: I fly to Bucharest to be with my wife for interview

07/26/2011: Interview (Approved)

07/26/2011: Visa received

07/28/2011: I fly back to USA

09/06/2011: POE

Filed: K-1 Visa Country: Wales
Timeline
Posted

I see you have 2 threads going. She is a visitor so would spent less time visiting than living at her abode.

QED

“If you know the enemy and know yourself, you need not fear the result of a hundred battles. If you know yourself but not the enemy, for every victory gained you will also suffer a defeat. If you know neither the enemy nor yourself, you will succumb in every battle.”

Filed: Citizen (apr) Country: Ireland
Timeline
Posted

We got the extension I539 approval last week, so she can stay another 6 months. Glad we didn't try the Mexico-Border-Hop.

Now we wonder how long she will need to stay out of North America before she can return, since her Visa is good for 10 years. Couldn't find that info on the USCIS site.

There is no official time for staying out, but the rule of thumb is that, as a visitor, she is supposed to stay outside the country more than being inside, so should stay outside at least a year to ensure a smooth entry next time.

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

 
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