What's staying time usually on this situation?

[Jiajia 0]

My B2 visa will expire in middle Aug, I stayed in U.S for 5.5 months before, I plan to go to U.S again with B2 in Jul. I wanna know what's staying time on I-94 usually the border will give me? Only 1 month since my visa will expire in Aug? Or give me another 3-6 months?

Pls help me! Thanks.

[Penguin_ie 5,994]

They are not going to allow you entry and give you more time than the visas is good for. If you want to stay past August, apply for a new visa now.

[Eric & Jin 10]

They are not going to allow you entry and give you more time than the visas is good for. If you want to stay past August, apply for a new visa now.

This is not true. The visa' s expiration date only determines up to what period in time that a visitor can enter the US and has no relation to the length of stay after entry. In the OP's case, the fact that they have already entered the US and stayed for 5.5 months on the same visa will most likely be much more of a determining factor when the officer at POE decides the length of stay on the next trip than anything else.

The related question/answer below comes from the US State Department website: http://travel.state.gov/visa/questions/questions_1253.html#6

My visa expires in 5 years, what does this mean?

A visa must be valid at the time a traveler seeks admission to the U.S., but the expiration date of the visa (validity period/length of time the visa can be used) has no relation to the length of time a temporary visitor may be authorized by the Department of Homeland Security to remain in the United States. Persons holding visas valid for multiple entries may make repeated trips to the U.S., for travel for the same purpose, as long as the visa has not expired, and the traveler has done nothing to become ineligible to enter the U.S., at port of entry.

EDIT: My in-laws did not use their first B-2s until 3 months prior to their expiration dates and were both given a 6 month stay on their I-94 at POE.

Edited May 2, 2012 by Eric & Jin

[Penguin_ie 5,994]

The bit you quoted to me means more that if you have a 5 year visa, you cannot stay in the USA for 5 years (as tourists are not given more than 6 months at POE), But your parents case shows that exceptions can be made, thanks!

[Jiajia 0]

Actually as far as I researched, the visa expiration date has nothing to do with the authorized length of stay in U.S for any given visit. It's even possible to enter in U.S on the last day of visa stamp and still get a 6-month stay authorized at the port of entry. This is a theory. But I doubt if the border does it in reality or not. That's why I wanna know if anyone has experienced it like the theory says.

My B2 visa is just for 1 year, not 5 years. And I already stayed in U.S for 5.5 months, so when I re-enter next time when my visa will expire in 1 month, at least they will give me 1-month of stay, is it right? If lucky, they may give me 6-month stay, is that right?

[Boiler 45,575]

Actually as far as I researched, the visa expiration date has nothing to do with the authorized length of stay in U.S for any given visit. It's even possible to enter in U.S on the last day of visa stamp and still get a 6-month stay authorized at the port of entry. This is a theory. But I doubt if the border does it in reality or not. That's why I wanna know if anyone has experienced it like the theory says.

That is quite correct.

So you had a 1 year visa and have spent 6 months in the US and are looking to leave and then come back soon after?

[Jiajia 0]

Yes, I'm planning to visit U.S again in Jul since my visa expires at the end of Aug.

[Boiler 45,575]

They might be confused as to where you are living, that is a very looooong vacation.

[Jiajia 0]

Has anyone heard that the total staying time is only 6 months during 12 period? That means I stayed in U.S for 5.5 months before, and when I re-enter next time with the same visa (1 year), they only give me 0.5 month to stay. Is that ture? I really doubt it, Does anyone know this?

Help please!

[Boiler 45,575]

Where did you get that from?

[Darnell 8,478]

hey - what's up with the plan to marry your man now, stay is usa, and file the adjustment of status case, without leaving the USA?