two questions

[dwwml 4]

Hello everyone, I would like to ask you two questions regarding the tourist visa. I am currently in America on a tourist visa and when I filled the visa application I said that I want to stay here two months, and my ticket was for two months also, so in less than a month I should be getting on the plane and be on the way home. I am however allowed to stay here legally until August, so my question is, if I stay longer than what I told them (but not go over 6 months) can I have a problem getting in the country again later on? Because see, we want to apply for the fiance visa here soon, but if me staying longer than what I told them will be risky then I will just go home when my return ticket is scheduled. I would actually like to go home for a month or two and then come back again so we aren't apart while the fiance visa process is on. So is it risky if i stay longer than 2 months? risky when it comes to the fiance visa and them letting me in the country again on a tourist visa.

second question is, i got my visa for 10 years, and this is my first time being in America on it, so next time I wanna come here (which will be soon after I leave), do I need to fill any applications still, or go to the interview? Or all i do is just buy my ticket and simply go to the airport....

thank you!!!!

[JohnR! 5,495]

Hello everyone, I would like to ask you two questions regarding the tourist visa. I am currently in America on a tourist visa and when I filled the visa application I said that I want to stay here two months, and my ticket was for two months also, so in less than a month I should be getting on the plane and be on the way home. I am however allowed to stay here legally until August, so my question is, if I stay longer than what I told them (but not go over 6 months) can I have a problem getting in the country again later on? Because see, we want to apply for the fiance visa here soon, but if me staying longer than what I told them will be risky then I will just go home when my return ticket is scheduled. I would actually like to go home for a month or two and then come back again so we aren't apart while the fiance visa process is on. So is it risky if i stay longer than 2 months? risky when it comes to the fiance visa and them letting me in the country again on a tourist visa.

second question is, i got my visa for 10 years, and this is my first time being in America on it, so next time I wanna come here (which will be soon after I leave), do I need to fill any applications still, or go to the interview? Or all i do is just buy my ticket and simply go to the airport....

thank you!!!!

You can stay longer if you wish, and I would recommend you leave the US at least one week before the date on your I-94. With a 10-year multiple-entry visa you will not need to do anything if you want to return to the US.

The only thing you need to bear in mind is that a tourist visa is NOT meant to be used as a way to stay in the country indefinitely by staying the maximum period allowed and returning soon thereafter. If you stay here for six months and show back up after let's say one or two months, chances are you will be questioned and you may have your visa revoked and be refused entry. As a rule of thumb, you should not expect to visit the US for longer than 6 months in any given 12-month period.

Good luck!

Edited March 19, 2013 by Gegel

[Kastrs 723]

You can stay longer if you wish, and I would recommend you leave the US at least one week before the date on your I-94. With a 10-year multiple-entry visa you will not need to do anything if you want to return to the US.

The only thing you need to bear in mind is that a tourist visa is NOT meant to be used as a way to stay in the country indefinitely by staying the maximum period allowed and returning soon thereafter. If you stay here for six months and show back up after let's say one or two months, chances are you will be questioned and you may have your visa revoked and be refused entry. As a rule of thumb, you should not expect to visit the US for longer than 6 months in any given 12-month period.

Good luck!

yup

[dwwml 4]

You can stay longer if you wish, and I would recommend you leave the US at least one week before the date on your I-94. With a 10-year multiple-entry visa you will not need to do anything if you want to return to the US.

The only thing you need to bear in mind is that a tourist visa is NOT meant to be used as a way to stay in the country indefinitely by staying the maximum period allowed and returning soon thereafter. If you stay here for six months and show back up after let's say one or two months, chances are you will be questioned and you may have your visa revoked and be refused entry. As a rule of thumb, you should not expect to visit the US for longer than 6 months in any given 12-month period.

Good luck!

ok so im definitely not staying these 6 months then....do you think that if i go home after these two months (how i stated to them) i wont have a problem getting back here after two or three months ?? my fiance visa process will be started then also. lets say i wanna come back after 2 or 3 months for like 2 or 3 months, that wont be over 6 months within a year.

[jaycali 415]

ok so im definitely not staying these 6 months then....do you think that if i go home after these two months (how i stated to them) i wont have a problem getting back here after two or three months ?? my fiance visa process will be started then also. lets say i wanna come back after 2 or 3 months for like 2 or 3 months, that wont be over 6 months within a year.

First of all, as long as you stay less than 6 months, don't go on a crime spree and don't work, nothing you do will affect your K-1 application. You can stay 5 months and 29 days and it will have no impact on the K-1. You are allowed to stay for 6 months, and you are allowed to change your mind/plane ticket - So long as you leave before the date on your I-94, you are legally in the US.

Now, as far as returning on a tourist visa while the K-1 process is ongoing, this can be tricky. The CBP doesn't care about the length of time you are staying, what you're doing etc. They care about three things:

1. Your intentions are to enter for visit or tourism purposes only.

2. You have not previously abused your visa, and you will not abuse it this time either.

3. You do not have a criminal record.

If all those three are true, CBP will allow you to inhale the fresh scent of free American air on the other side of the immigration line.

However - It is your responsibility to satisfy the CBP that the above mentioned is true. If the CBP is not satisfied that you'll return home, i.e. they think it's more likely that you'll quickly marry your fiancee and choose to change your mind, you will be put on a plane back to the motherland. As long as they don't catch you lying, this still won't affect your K-1 application one bit.

Staying for long periods of time, going home for a short period, and then returning soon thereafter sends a strong message to the CBP that you're not a genuine visitor, but rather de facto living in the US. If you stay for 6 months, and then return, expect to be asked a barrage of questions ranging from how you finance your trips, to questions about your current relationship and K-1 process. If you stay for 2 months this time, and return after 2 months for another 2 months, you may be fine, but this is very individual and to an extent country specific (I did that once back in the day, and ended up in secondary.. Was eventually let in). Every entrant is treated individually. My advice is to limit your visits to 2 moths at a time, spend at least as much time outside the US as you spend in the US, and bring evidence of ties to your home country. for example, if you work, bring an employer letter stating when they expect you to return to work. If you're in college, bring some sort of document showing when you expect to return to classes.

And yes, if you already have a valid multiple entry visa firmly stamped in your passport, you don't have to apply for anything. Buy a plane ticket and hop on the plane.

Edited March 20, 2013 by Jay Jay

[dwwml 4]

First of all, as long as you stay less than 6 months, don't go on a crime spree and don't work, nothing you do will affect your K-1 application. You can stay 5 months and 29 days and it will have no impact on the K-1. You are allowed to stay for 6 months, and you are allowed to change your mind/plane ticket - So long as you leave before the date on your I-94, you are legally in the US.

Now, as far as returning on a tourist visa while the K-1 process is ongoing, this can be tricky. The CBP doesn't care about the length of time you are staying, what you're doing etc. They care about three things:

1. Your intentions are to enter for visit or tourism purposes only.

2. You have not previously abused your visa, and you will not abuse it this time either.

3. You do not have a criminal record.

If all those three are true, CBP will allow you to inhale the fresh scent of free American air on the other side of the immigration line.

However - It is your responsibility to satisfy the CBP that the above mentioned is true. If the CBP is not satisfied that you'll return home, i.e. they think it's more likely that you'll quickly marry your fiancee and choose to change your mind, you will be put on a plane back to the motherland. As long as they don't catch you lying, this still won't affect your K-1 application one bit.

Staying for long periods of time, going home for a short period, and then returning soon thereafter sends a strong message to the CBP that you're not a genuine visitor, but rather de facto living in the US. If you stay for 6 months, and then return, expect to be asked a barrage of questions ranging from how you finance your trips, to questions about your current relationship and K-1 process. If you stay for 2 months this time, and return after 2 months for another 2 months, you may be fine, but this is very individual and to an extent country specific (I did that once back in the day, and ended up in secondary.. Was eventually let in). Every entrant is treated individually. My advice is to limit your visits to 2 moths at a time, spend at least as much time outside the US as you spend in the US, and bring evidence of ties to your home country. for example, if you work, bring an employer letter stating when they expect you to return to work. If you're in college, bring some sort of document showing when you expect to return to classes.

And yes, if you already have a valid multiple entry visa firmly stamped in your passport, you don't have to apply for anything. Buy a plane ticket and hop on the plane.

I understand and agree with all that you said but I don't understand one thing...let's say I have the k1 visa process started, and I am getting on the plane to the US on a tourist visa, for like 2 months let's say, then they ask me questions, but how can they suspect that I want to do stuff illegally and the easy way if I have the k1 visa process on? if anything i'd think that it'd prove that i am genuine about my intentions etc....cuz dont they have in their system that i am applying for the k1? if they don,t how can i prove it to them? do you get what im saying kinda? i just dont understand how that wouldnt help. i would obv say that i wanna visit my boyfriend and we are doing the k1.

one more thing...what if they let me in that second time....and i tell them i wanna stay 2 months, but then decide to stay more than 2 months? but like 4 or something? will THAT affect the k1?

[Teddy B 17,252]

I understand and agree with all that you said but I don't understand one thing...let's say I have the k1 visa process started, and I am getting on the plane to the US on a tourist visa, for like 2 months let's say, then they ask me questions, but how can they suspect that I want to do stuff illegally and the easy way if I have the k1 visa process on? if anything i'd think that it'd prove that i am genuine about my intentions etc....cuz dont they have in their system that i am applying for the k1? if they don,t how can i prove it to them? do you get what im saying kinda? i just dont understand how that wouldnt help. i would obv say that i wanna visit my boyfriend and we are doing the k1.

one more thing...what if they let me in that second time....and i tell them i wanna stay 2 months, but then decide to stay more than 2 months? but like 4 or something? will THAT affect the k1?

Having a pending application for a K1 visa is a double edged sword. On one hand it shows you are attempting to do things the right way, on the other hand it also shows intent to immigrate permanently to the US. What's to say you won't decide to expedite the process and simply never leave? It happens all the time.

You've gotten good advice. Keep your visits fairly short and stay outside the US for at least as long as you were in, and hopefully you won't have any problems. Your entrance into the US is always up to the CBP officer, if they find something they don't like, they can deny you entry.

Edited March 20, 2013 by Teddy B

[dwwml 4]

Having a pending application for a K1 visa is a double edged sword. On one hand it shows you are attempting to do things the right way, on the other hand it also shows intent to immigrate permanently to the US. What's to say you won't decide to expedite the process and simply never leave? It happens all the time.

You've gotten good advice. Keep your visits fairly short and stay outside the US for at least as long as you were in, and hopefully you won't have any problems. Your entrance into the US is always up to the CBP officer, if they find something they don't like, they can deny you entry.

it may show that i want to immigrate but why would that be a problem...its done the right and legal way, and its in the law and everything, i dont know how that would be a problem to them but i understand where youre coming from!

[Teddy B 17,252]

it may show that i want to immigrate but why would that be a problem...its done the right and legal way, and its in the law and everything, i dont know how that would be a problem to them but i understand where youre coming from!

CBP does not operate on an innocent until proven guilty premise, it's the other way around. They don't know you personally. You don't have a right to be in the US, it's a privilege and you need to satisfy them that you're going to behave yourself. It is completely up to you to prove to them that you won't be doing anything illegal, even then sometimes it's not enough. There are many stories on this site about people with pending fiance and marriage visas being denied entry.

Edited March 20, 2013 by Teddy B

[jaycali 415]

it may show that i want to immigrate but why would that be a problem...its done the right and legal way, and its in the law and everything, i dont know how that would be a problem to them but i understand where youre coming from!

Because in their eyes, you could just get married on this trip and file AOS.

[jaycali 415]

one more thing...what if they let me in that second time....and i tell them i wanna stay 2 months, but then decide to stay more than 2 months? but like 4 or something? will THAT affect the k1?

Not at all. As long as you leave before the date on your I-94 and don't work, enroll in school or commit crimes etc., nothing you do will affect your K-1 one bit. You're allowed to visit the US for however long you want as long as you leave by the date on your I-94. The K-1 is only affected if you violate your visa.