B1/B2 need to go home?

[angelalahavok 8]

Hi my parents in law have B1/B2 visa for 5 years and my husband thinks they need to go back to their country after 6 months then a couple months later come back to US and can stay for the rest of the time, is this true? Also is B1/B2 eligible for working or health insurance? Thank u

[Suss&Camm 2,213]

The general rule of thumb is to stay out of country twice as long as in country on a tourist visa to avoid potential denial at POE. They are also only allowed a maximum of 6 months at a time... It will likely be viewed as them attempting to live in the US.

Edited August 14, 2017 by Suss&Camm

[Crazy Cat 41,845]

The maximum duration of stay on a B1/B2 visa is 6 months. Your visa can expire while you are still in the U.S. - just ensure that you do not overstay the period permitted by the Immigration Officer! 

 

 

Your questions seem to imply they want live here, not visit..........They can not enter the US via a visitor visa with the intention of living here.

Edited August 14, 2017 by missileman

[angelalahavok 8]

10 minutes ago, Suss&Camm said:

The general rule of thumb is to stay out of country twice as long as in country on a tourist visa to avoid potential denial at POE. They are also only allowed a maximum of 6 months at a time... It will likely be viewed as them attempting to live in the US.

So if they stay 6 months then they need to stay in their country for one year, then come back for 6 months etc, is that right? 

[mcdull 474]

15 minutes ago, angelalahavok said:

Hi my parents in law have B1/B2 visa for 5 years and my husband thinks they need to go back to their country after 6 months then a couple months later come back to US and can stay for the rest of the time, is this true? Also is B1/B2 eligible for working or health insurance? Thank u

The validity of the visa is 5 years but doesn't mean you can stay for 5 years.

 

B1/B2 are usually given 6 months but could be shorter.

 

Obviously it is a tourist visa, you parents are foreign nationals with temporary status in the States. They must not work and are not eligible for any health insurance

 

[kris&me 572]

• visa is good for 5 years but POE officer determines length of stay and stamps passport for retrun date / the longest they can stay as others have said is 6 months
• they can apply another time in the 5 years to return for a new visit ethough visa is for 5 years needs new application (at least this is true in some countries)
• make sure your trip home is before the date you need to return  as weather can affect flights and even a 1 day overstay can cause a ban

Edited August 14, 2017 by kris&me
wasn't ready to send yet

[Going through 5,671]

16 minutes ago, angelalahavok said:

my husband thinks they need to go back to their country after 6 months then a couple months later come back to US and can stay for the rest of the time, is this true? Also is B1/B2 eligible for working or health insurance?

They cannot legally stay for 5 years straight on a tourist visa, if that's what you're asking.

[mcdull 474]

Just now, angelalahavok said:

So if they stay 6 months then they need to stay in their country for one year, then come back for 6 months etc, is that right? 

you do not want them to stay for 6 months here. The maximum permitted stay is 6 months but if they max out their permitted stay, then they may have difficulty getting in next time

 

for example, if they stayed 6 months upon the first visit, then next time CBP may only grant them 30 days of temporary stay.

[angelalahavok 8]

1 minute ago, mcdull said:

The validity of the visa is 5 years but doesn't mean you can stay for 5 years.

 

B1/B2 are usually given 6 months but could be shorter.

 

Obviously it is a tourist visa, you parents are foreign nationals with temporary status in the States. They must not work and are not eligible for any health insurance

 

They can stay for 6 months then go back to their country for like 6 months, then come back here for 6 months etc for up to 5 yrs?

[Suss&Camm 2,213]

2 minutes ago, angelalahavok said:

So if they stay 6 months then they need to stay in their country for one year, then come back for 6 months etc, is that right? 

It is just a rule of thumb. As mentioned the CBP officer at POE makes the determination.

[Crazy Cat 41,845]

Just now, angelalahavok said:

They can stay for 6 months then go back to their country for like 6 months, then come back here for 6 months etc for up to 5 yrs?

That is a risky plan.......this sounds like they are trying to "live" in the US......

Edited August 14, 2017 by missileman

[angelalahavok 8]

2 minutes ago, mcdull said:

you do not want them to stay for 6 months here. The maximum permitted stay is 6 months but if they max out their permitted stay, then they may have difficulty getting in next time

 

for example, if they stayed 6 months upon the first visit, then next time CBP may only grant them 30 days of temporary stay.

Ok I know they are scheduled to go back after 5 1/2 months

[mcdull 474]

2 minutes ago, angelalahavok said:

They can stay for 6 months then go back to their country for like 6 months, then come back here for 6 months etc for up to 5 yrs?

Short answer is NO!. They cannot come here on a tourist visa with the intention to settle here.

 

[angelalahavok 8]

1 minute ago, missileman said:

That is a risky plan.......

Yeah I'm not sure how this visa works so just trying to find out everything

[Sunnyland 639]

Usually one a tourist visa one can stay up to 6 months but anyways the customs officer at POE will inform your parents in law for how long they can actually stay. If they are planning in staying for 6 months, I doubt they can come back few months later and stay for another 6 months. That will make them live more in US than in their own country. And tourist visas are for visiting, not for living in US most of the year.