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Marie&Curt

Actual Stay in USA different from Length of Stay declared on DS-160

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Hi! I can't seem to find the answer to this question anywhere, so I hope somebody can help me here. My whole family is coming to visit me here in the US (mom, dad, 2 brothers and 1 sister). When my mom and siblings applied for their B1/B2 visas, they put 3 months as their length of stay on their DS-160 forms, as this is what we originally intended that time. However, we just found out recently that I'm pregnant with my first child, and my husband just joined the Coast Guard and will be leaving sometime in July for his training. Because of this, we are entertaining the thought of having one of my brothers stay here for almost 6 months instead of just 3, so I'd have someone with me while hubby is away for his 2-month training. I am due to give birth on the first or second week of October, and there's a huge possibility that hubby won't be with me, so having my brother there instead would be really nice so someone can drive me to the hospital if need be.

My question is, is my brother gonna run into a problem at the port of entry with the Customs, since his flight itinerary would show he's staying for almost 6 months instead of 3 months as he originally put in his DS-160 form? My gut says no, but I just wanna double check. Thanks in advance for any replies!

JUNE 2012 - Met and became friends

NOVEMBER 2012 - He went back to the US crying.gif

DECEMBER 27, 2012 - Became an official couple! blush.pngyes.gif

APRIL 16, 2013 - Got engaged!

JULY 8, 2013 - Reunited in Manila, Philippines

JULY 31, 2013 - Got Married! happy.pngtongue.pngbiggrin.png

NOVEMBER 26, 2013 - Sent out I-130 Application

NOVEMBER 29, 2013 - USCIS received our case

DECEMBER 4, 2013 - NOA1 (email)

DECEMBER 9, 2013 - NOA1 (hard copy)

DECEMBER 12, 2013 - NOA2 (email)

Shipped off to Department of State

DECEMBER 16, 2013 - NOA2 (hard copy)

JANUARY 9, 2014 - NVC received case

JANUARY 23, 2014 - Received AOS Fee Invoice

JANUARY 24, 2014 - Paid AOS Fee

JANUARY 28, 2014 - Received IV Fee Invoice

FEBRUARY 2, 2014 - Paid IV Fee

FEBRUARY 7, 2014 - Mailed IV Package

FEBRUARY 20, 2014 - Sent AoS Package

FEBRUARY 28, 2014 - Received Checklist for AoS

MARCH 4, 2014 - Sent response to AoS Checklist

MARCH 13, 2014 - CASE COMPLETE @ NVC

MARCH 21, 2014 - Case shipped out

MARCH 35, 2014 - Case Ready at US Embassy Manila ^_^

APRIL 3, 2014 - Interview at US Embassy Manila (APPROVED!)

APRIL 12, 2014 - Flew and arrived at my new home, Watertown, NY

APRIL 1, 2016 - Sent my i-751 Package

APRIL 4, 2016 - USCIS Vermont Center received my package



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Life happens, things change.. bro just needs to be honest at POE about your pregnancy if asked about plans.

Btw, what does brother do that allows him 6 months away from Phil?

USCIS

January 16, 2015 I-130 Mailed, Chi lockbox January 20, 2015 Priority Date, January 21, 2015 NOA1 notice date, Assigned VSC, January 23, 2015 Check Cashed, electronically March 5, 2015 NOA2

NVC

March 27, 2015 NVC received April 6, 2015 Case#, IIN# assigned April 8, 2015 Paid AOS + IV fee Invoices May 5, 2015 AOS + IV package submitted May 11, 2015 Scan Date

June 11, 2015 DS-260 submitted June 25, 2015 False checklist (for ds260).. hello? June 30, 2015 Answered checklist Aug 5, 2015 Escalated to Supervisor review Aug 13, 2015 Case Complete

Consular

Sept 10, 2015 Interview Scheduled Sept 11, 2015 P4 Letter received Sept 21, 2015 file In transit from NVC Sept 23, 2015 file at Embassy

Sept 28, 2015 Medical Oct 14, 2015 Biometrics Oct 15, 2015 Interview (Approved) Oct 19, 2015 IV visa Issued Oct 23, 2015 Passport Pickup

POE

Nov 2, 2015 Entered the US Nov 16, 2015 Applied for SSN, walk-in Nov 20, 2015 Social Security Card recd Jan 15, 2016 GC received

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Filed: AOS (apr) Country: Norway
Timeline

It might be ok. Just remember that it is up to CBP at POE how long he gets to stay. They might choose to stamp his passport for less than 6 months, especially if they fear he intends on staying.

If it isn't difficult, it isn't worth it.

 

K1 process

9/24/15: I129f sent

9/30/15: NOA1

11/2/15: NOA2

Delayed processing due to work

3/15/16: Medical

4/28/16: Interview (approved)

Delayed entry due to work

8/12/16: POE Detroit

 

9/4/16: Wedding!

 

AOS process:

9/9/16: I485/I131/I765 sent

9/14/16: Received 3xNOAs by text/e-mail (day 2)

9/14-18/16: Received 3xpaper NOAs 

9/23/16: Received biometrics appointment letter (day 11)

10/3/16: Biometrics appointment (day 19)

11/4/16: EAD+AP approved (day 53)

11/16/16: EAD status changed to card shipped (day 65)

11/17/16: EAD/AP combo card received (day 66)

12/30/16: Notice of interview scheduled (day 109)

2/1/17: AOS interview (day 142) - APPROVED

2/8/17: GC received (day 150)

 

ROC process:

11/3/2018: ROC window opens

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Life happens, things change.. bro just needs to be honest at POE about your pregnancy if asked about plans.

Btw, what does brother do that allows him 6 months away from Phil?

Yes, that's what I told him to do: Be honest at POE and just tell them about my pregnancy and the reason why we want him to stay here longer.

He just got back from a 2-year religious mission 2 weeks ago. During that time he wasn't employed or going to school; he was serving our church full-time as a missionary. As they are already booked to fly here next week, he didn't apply for any jobs yet.

JUNE 2012 - Met and became friends

NOVEMBER 2012 - He went back to the US crying.gif

DECEMBER 27, 2012 - Became an official couple! blush.pngyes.gif

APRIL 16, 2013 - Got engaged!

JULY 8, 2013 - Reunited in Manila, Philippines

JULY 31, 2013 - Got Married! happy.pngtongue.pngbiggrin.png

NOVEMBER 26, 2013 - Sent out I-130 Application

NOVEMBER 29, 2013 - USCIS received our case

DECEMBER 4, 2013 - NOA1 (email)

DECEMBER 9, 2013 - NOA1 (hard copy)

DECEMBER 12, 2013 - NOA2 (email)

Shipped off to Department of State

DECEMBER 16, 2013 - NOA2 (hard copy)

JANUARY 9, 2014 - NVC received case

JANUARY 23, 2014 - Received AOS Fee Invoice

JANUARY 24, 2014 - Paid AOS Fee

JANUARY 28, 2014 - Received IV Fee Invoice

FEBRUARY 2, 2014 - Paid IV Fee

FEBRUARY 7, 2014 - Mailed IV Package

FEBRUARY 20, 2014 - Sent AoS Package

FEBRUARY 28, 2014 - Received Checklist for AoS

MARCH 4, 2014 - Sent response to AoS Checklist

MARCH 13, 2014 - CASE COMPLETE @ NVC

MARCH 21, 2014 - Case shipped out

MARCH 35, 2014 - Case Ready at US Embassy Manila ^_^

APRIL 3, 2014 - Interview at US Embassy Manila (APPROVED!)

APRIL 12, 2014 - Flew and arrived at my new home, Watertown, NY

APRIL 1, 2016 - Sent my i-751 Package

APRIL 4, 2016 - USCIS Vermont Center received my package



45fcba76-dcf8-4d13-9800-9ff9e76c8165_zps2ffbe589-1121-406b-8583-87942414e03e_zps66e10146-4e62-4733-aedc-f6d3709abdc1_zps

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It might be ok. Just remember that it is up to CBP at POE how long he gets to stay. They might choose to stamp his passport for less than 6 months, especially if they fear he intends on staying.

Yes, that's why I'm concerned and I'm holding off rebooking his return ticket until I do more research about it. It would be really nice to have him stay here for just a lil more than 5 months, but if they cut it short, I'd still be grateful.

JUNE 2012 - Met and became friends

NOVEMBER 2012 - He went back to the US crying.gif

DECEMBER 27, 2012 - Became an official couple! blush.pngyes.gif

APRIL 16, 2013 - Got engaged!

JULY 8, 2013 - Reunited in Manila, Philippines

JULY 31, 2013 - Got Married! happy.pngtongue.pngbiggrin.png

NOVEMBER 26, 2013 - Sent out I-130 Application

NOVEMBER 29, 2013 - USCIS received our case

DECEMBER 4, 2013 - NOA1 (email)

DECEMBER 9, 2013 - NOA1 (hard copy)

DECEMBER 12, 2013 - NOA2 (email)

Shipped off to Department of State

DECEMBER 16, 2013 - NOA2 (hard copy)

JANUARY 9, 2014 - NVC received case

JANUARY 23, 2014 - Received AOS Fee Invoice

JANUARY 24, 2014 - Paid AOS Fee

JANUARY 28, 2014 - Received IV Fee Invoice

FEBRUARY 2, 2014 - Paid IV Fee

FEBRUARY 7, 2014 - Mailed IV Package

FEBRUARY 20, 2014 - Sent AoS Package

FEBRUARY 28, 2014 - Received Checklist for AoS

MARCH 4, 2014 - Sent response to AoS Checklist

MARCH 13, 2014 - CASE COMPLETE @ NVC

MARCH 21, 2014 - Case shipped out

MARCH 35, 2014 - Case Ready at US Embassy Manila ^_^

APRIL 3, 2014 - Interview at US Embassy Manila (APPROVED!)

APRIL 12, 2014 - Flew and arrived at my new home, Watertown, NY

APRIL 1, 2016 - Sent my i-751 Package

APRIL 4, 2016 - USCIS Vermont Center received my package



45fcba76-dcf8-4d13-9800-9ff9e76c8165_zps2ffbe589-1121-406b-8583-87942414e03e_zps66e10146-4e62-4733-aedc-f6d3709abdc1_zps

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Filed: Timeline

he could well face a credibility issue....saying one thing, then promptly doing something (oddly, this change of mind only seems to occur once the visa holder reaches baggage claim), when it comes time to renew his visa or if a detail-oriented CO decides to look up his arrival/departure dates (which they can now do!), then the next CO will have a hard time believing whatever your brother says next...in addition, he likely told the CO why he 'had to' return after 3 months,,,and before the ink is even dry on his visa, the mind change miraculously takes place....you should know that the CPB folks can look up the notes and other info made by the CO in a special data base, to double check what was said during the interview and what story the arriving visa holder is telling now....when those two statements are not in synch, well, sometimes bad things can happen.

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