Enter on B2/Stay up to the 6 months - 1 day limit?

[UnaMexicana 153]

Hey there

Has anyone entered on their B2 to visit their husband and stayed the max period they usually give? (6 months minus one day)

Have you done this and then just came back again for shorter visits? If so, how long do you wait back on your country?

Did you have any issues or faced any scrutiny?

I want to visit my husband because the i130 process is taking so long... but I do not intend to Adjust status nor do I want to have issues when I want to go back and visit again. I use it as B1 too and I travel for work once or twice a year for about a week.

Thanks!

UnaMexicana

[JohnR! 5,495]

Yes you can do that and I'd be willing to bet money you'll be questioned by CBP as to why you're returning to the US after such a short time, following a long stay. Your best option it to tell the CBP officer the truth - that you're coming in to stay with your husband as much as you can while your IR petition is being processed. If questioned you can volunteer that you know you would be committing fraud if you were to lie as to your real motive for entering the country if your intentions were to stay and AOS. Be as candid as you possibly can and I believe they'll let you in. I have a friend who did just that. She was admitted after spending one month in her home country and returning to the US to be with her husband.

Good luck!

Edited March 11, 2015 by JohnR!

[rinimina 7]

POE's tend to not let people enter the US while their petitions are still going through processing. At least that is what I was told from USCIS.

[UnaMexicana 153]

POE's tend to not let people enter the US while their petitions are still going through processing. At least that is what I was told from USCIS.

Rinimina,

I have entered twice so far, in november 2014 for one day spent at office and about three weeks vacation, and in late february 2015 for a week, only for business meetings purposes. I have to go back in august for more meetings... so we are talking about a long visit on my part after that.

While it is true that attemtping to enter is not advised while the process is pending (my lawyer said back then that attemtping to renew my visa was a no no), I guess it really depends on the criteria of the CBP officer and your travel history and situation (ability to prove ties to home country vs, having a spouse in the US). For me, working for the Mexican branch of a technlogy company has seemed to be enough.

Best,

UnaMexicana

Yes you can do that and I'd be willing to bet money you'll be questioned by CBP as to why you're returning to the US after such a short time, following a long stay. Your best option it to tell the CBP officer the truth - that you're coming in to stay with your husband as much as you can while your IR petition is being processed. If questioned you can volunteer that you know you would be committing fraud if you were to lie as to your real motive for entering the country if your intentions were to stay and AOS. Be as candid as you possibly can and I believe they'll let you in. I have a friend who did just that. She was admitted after spending one month in her home country and returning to the US to be with her husband.

Good luck!

I will be sure to come back and report!

Best,

UnaMexicana