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luukee

well visiting affect the CR1 process?

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Filed: IR-1/CR-1 Visa Country: Jamaica
Timeline

It depends. The CBP will stamp her visa. But it's generally considered 180 days per 365. The 180 days doesn't just magically reset on New Years Day. Staying longer than 180 days will start to earn overstay and may trigger a ban of 3 years. (That means an expensive waiver and more time for immigration.) I highly suggest being very careful. Not to mention that long stays may not look good to the CBP and run a risk of denied entry. She should never lie about her intentions to the CBP. If her purpose of her visit is to spend time with you, she should say that.

But even a denied entry won't impact her immigration. Our esteemed Saylin was denied entry twice (she is Canadian) and there was no issue at her interview. CBP and USCIS don't share info unless the CBP starts looking deeply. Her passport isn't immediately flagged with immigrant intent.

Ryan that is news to me. I was told by an immigration officer that each year it resets and it only matters that you do not stay past the time stamped in your book. Hmmm conflicting info

USCIS:

Marriage (if applicable): 2012-08-10

I-130 NOA1 : 2013-05-10

I-130 RFE : 2013-12-17

I-130 RFE Sent : 2013-12-30 (they lost his picture)

I-130 Approved : 2014-01-13

NVC:

NVC Received : 2014-02-21

Received DS-261 / AOS Bill : 2014-03-10

Pay AOS Bill : 2014-03-10

Submit DS-261 : 2014-03-10

DS-261 form reject- under review: NVC keeps saying the form is incorrect. They made an error for two months re this form.

Checklist 1 AOS : They wanted 2013 even though we filed before the end of tax season

Receive IV Bill : 2014-05-23

Pay IV Bill : 2014-05-23

Send IV Package : 2014-05-26

Checklist 2 AOS : 2014-06-06 Issue with resubmitted I-864 form - did not auto populate one of the numbers

Requested Expedite : 2014-07-11

Case Completed at NVC : 2014-07-18

Consulate Received : 2014-07-25

Embassy:

Receive Instruction and Interview appointment letter : 2014-07-29

Medical : 2014-07-31

Interview : 2014-08-08 - APPROVED!!!!!!!!!!!!!!!!

POE Miami: 2014-09-09

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You always hear conflicting info. Some people think it's per calendar year and others per 365. The reason I think it's per 365 is because the CBP will stamp 180 days from a date and that date may cross the new year threshold BUT why don't they get 180 days from New Years then? Now the person could leave and try to come right back, and maybe they'd be let in (it's up to the CBP of course) but if they don't leave, the overstay starts accumulating right away, not at the end of the year.

Btw I'm not Ryan, I assume you just auto corrected or typo'd my name. ;)

Edited by NLR

You have brains in your head. You have feet in your shoes. You can steer yourself any direction you choose.  - Dr. Seuss

 

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