Extension of Stay

[geowrian 22,338]

13 minutes ago, Michael2017 said:

So, what you are saying is, that as rule of thumb, stay outside the USA double the time as inside on a visitor visa is the reasonable amount?

Yes. That's a general rule of thumb - not a hard requirement. Somebody could visit, in theory, for 6 months...leave for a day...then enter again for another 6 months (albeit with potential US tax and other US/abroad implications for services that require a minimum physical presence). It's extremely unlikely due to concerns of living/working in the US, but possible.

Edited June 4, 2017 by geowrian

[jan22 3,064]

7 hours ago, MzJan said:

That is a misconception.

 

You are on a visitor visa and not a resident or citizen. Hence you are not expected to stay 6 months. Staying 6 months indicates that you live there or you were working there. It is best to limit the time.

 

All countries by virtue of treaty have agreed to give geniue visitors a 6 months landing but you are not expected to remain for the 6 months.  On your next visit you will be required to explain yourself and you better have a good reason. Such as fell ill and was unable to travel and have such proof from a doctor. Times have changed.

Your last paragraph is totally incorrect....very few countries grant entry for 6 months.  Many limit it to 30 days.  Uness you try to return to the US too quickly after a 6 month visit, you will likely never be asked but it on your next trip.

[Soup Dragon 104]

About five years ago I went to the US and intended to stay for only two weeks.   About two days before I was due to fly home I extended my stay to two months.  Nothing was said on my next visit, I didn't overstay and didn't lie to the CBP on original entry.

[Jordan8768 107]

18 hours ago, Michael2017 said:

Hi,

 

Is it considered a violation / misrepresentation if someone with a B2 visa enters the USA, and when asked about his stay by a CBP officer, confirms a short stay, e.g. 2 weeks, while within this time he changes his mind and extends his stay e.g for 2 months due to private circumstances. Of course, even the latter stay would be within the validity of his visa.

 

Nope. I've done this a couple of times on the VWP and I'm sure the same rules apply. Just check your stamp page in your passport and make sure you don't exceed the date handwritten by the officer. The only time it would be an issue is if you overstayed the date hand written in your passport. 

[SabRob 154]

Last year I went to visit my husband back in November. At that time, we had already filed the I-130 and I was planning on staying for only 2 months. The CBP officer asked me how long I was staying for and I said 2 months. He stamped a 6-month visa thingie on my passport and said: "Just don't overstay, have fun". I ended up staying 5 and a half months because we hadn't received any word from USCIS and I didn't need to go back home anyway, since I don't have a job right now. It's no biggie, just don't stay longer than the date the officer stamps on your passport. 

[Teddy B 17,252]

18 hours ago, geowrian said:

Yes. That's a general rule of thumb - not a hard requirement. Somebody could visit, in theory, for 6 months...leave for a day...then enter again for another 6 months (albeit with potential US tax and other US/abroad implications for services that require a minimum physical presence). It's extremely unlikely due to concerns of living/working in the US, but possible.

I would say that staying out of the US for "double the time" that one spent inside the US is a bit extreme in most cases, especially for shorter visits of a few weeks or a couple months. The general rule of thumb on VJ has always been to spend at least the amount of time outside the US as you have just spent inside the US. IE: 2 months in the US = 2 months or more outside the US before next visit, not 4.

 

[Teddy B 17,252]

19 hours ago, Michael2017 said:

Hi,

 

Is it considered a violation / misrepresentation if someone with a B2 visa enters the USA, and when asked about his stay by a CBP officer, confirms a short stay, e.g. 2 weeks, while within this time he changes his mind and extends his stay e.g for 2 months due to private circumstances. Of course, even the latter stay would be within the validity of his visa.

A tourist is allowed to stay inside the US for the amount of time that is stamped in their passport, regardless of what was said to CBP at time of entry. People are allowed to change their minds and their plans, as long as you don't overstay the date stamped in your passport, there is no problem.

[geowrian 22,338]

10 minutes ago, Teddy B said:

I would say that staying out of the US for "double the time" that one spent inside the US is a bit extreme in most cases, especially for shorter visits of a few weeks or a couple months. The general rule of thumb on VJ has always been to spend at least the amount of time outside the US as you have just spent inside the US. IE: 2 months in the US = 2 months or more outside the US before next visit, not 4.

I've usually seen double the time personally (plus I'm quite risk adverse ) . But again, it's based on the entirety of the circumstances. Visiting for 1 month and then coming back after a month will probably be viewed much differently than somebody who stayed 6 months and then tries to visit again in another 6 months (i.e. what didn't you do in the 6 months as a tourist that you suddenly need to do so soon?). The double time is just to be safe.

Edited June 5, 2017 by geowrian

[Teddy B 17,252]

1 minute ago, geowrian said:

I've usually seen double the time personally (plus I'm quite risk adverse ) . But again, it's based on the entirety of the circumstances. Visiting for 1 month and then coming back after a month will probably be viewed much differently than somebody who stayed 6 months and then tries to visit again in another 6 months (i.e. what didn't you do in the 6 months as a tourist that you suddenly need to do so soon?). The double time is just to be safe.

The part in bold is the most important aspect of the equation. I agree with everything else you said as well. Double time outside the US certainly isn't a bad thing, just not always necessary.

[Mariale256 0]

On 4/6/2017 at 3:50 PM, MzJan said:

That is a misconception.

 

You are on a visitor visa and not a resident or citizen. Hence you are not expected to stay 6 months. Staying 6 months indicates that you live there or you were working there. It is best to limit the time.

 

All countries by virtue of treaty have agreed to give geniue visitors a 6 months landing but you are not expected to remain for the 6 months.  On your next visit you will be required to explain yourself and you better have a good reason. Such as fell ill and was unable to travel and have such proof from a doctor. Times have changed.

Not necessary people stay 6 months because of they are working or living there. For example, my husband lives in USA and I live in Venezuela. Last time I visited him, I planned my trip for 2 months, then we wanted to be together a little more time, he works very hard and he just has Sundays off, so only on Sundays we could spend time together and going out to visit some place, go to some restaurant. I stayed 6 months and go back to my country. Now I'm planning visit him again, we have already 6 months in different countries. Not easy at all. 

[Michael2017 368]

1 hour ago, Mariale256 said:

Not necessary people stay 6 months because of they are working or living there. For example, my husband lives in USA and I live in Venezuela. Last time I visited him, I planned my trip for 2 months, then we wanted to be together a little more time, he works very hard and he just has Sundays off, so only on Sundays we could spend time together and going out to visit some place, go to some restaurant. I stayed 6 months and go back to my country. Now I'm planning visit him again, we have already 6 months in different countries. Not easy at all. 

It will be interesting to see how the CBP officer reacts, as you have told them 2 months of stay but it got to 6 months. Please report in this thread your experience.

[Mariale256 0]

13 minutes ago, Michael2017 said:

It will be interesting to see how the CBP officer reacts, as you have told them 2 months of stay but it got to 6 months. Please report in this thread your experience.

I've been there twice for 6 months. Not in the same year. First time was in 2015, after 5 months in my country I traveled again to visit my husband and stayed 6 months. Now, my husband and I have been apart for 6 months, we wants me there again so we are planning a trip to spend time together.

He made a petition for me, which is still pending because that process is very long and could take couple years. 

I don't think the immigration officer reacts badly if I'm acting legally. I never overstayed there, and have my husband there, I think is a good reason to go to USA. He has a good job (thanks God) and he can be my support ( financially) there.

[Sunnyland 639]

5 hours ago, Mariale256 said:

Not necessary people stay 6 months because of they are working or living there. For example, my husband lives in USA and I live in Venezuela. Last time I visited him, I planned my trip for 2 months, then we wanted to be together a little more time, he works very hard and he just has Sundays off, so only on Sundays we could spend time together and going out to visit some place, go to some restaurant. I stayed 6 months and go back to my country. Now I'm planning visit him again, we have already 6 months in different countries. Not easy at all. 

If someone stays 6 months in US each time they come to visit, I would consider that person LIVES in US half of the year. Not visiting.

[Mariale256 0]

4 hours ago, Sunnyland said:

If someone stays 6 months in US each time they come to visit, I would consider that person LIVES in US half of the year. Not visiting.

If you had your spouse there and you lived in another country, won't you need to stayed for a while with her? It's very difficult keep a marriage from the distance.

do you think I could have problems if I travel to USA to the end of July? Six months without my husband is horrible. We've been together for 9 years, and since he moved to US, it's been the worst time we ever had because of the distance.