Relocation to the US during K-1 processing

[Brittani 484]

19 hours ago, DmytriiD said:

Hi all,

I got a question if I can relocate and live in the US under my b1/b2 visa rules up to 180 days and then fly back to my home country for an interview? 
I understand that theoretically I can do so but in this case, it will be better to interview somewhere in the US or at least Canada. Is it possible? Because it's around 1k USD to fly back home and then return to the US.
Also same question about medical the US or Canada?
Also can I clarify a list of vaccines required for K-1 medical exam!? Maybe somebody already know...

Country of application: Ukraine
Application date: 20OCT17
NOA1 date: 24OCT17

I'm almost 100% certain you're actually not suppose to stay more than 90 days at a time for a visit. You can come back as long as you're not here for over 180 days within a year but keep that in mind if you overstay 90 days within one go when you go try to come back it's likely they will deny you.

[geowrian 22,337]

3 hours ago, Brittani said:

I'm almost 100% certain you're actually not suppose to stay more than 90 days at a time for a visit. You can come back as long as you're not here for over 180 days within a year but keep that in mind if you overstay 90 days within one go when you go try to come back it's likely they will deny you.

None of this is 100% correct.

 

You can stay for as long as the officer permits at POE. Typically that’s 6 months max (1 year technically possible but extremely rare). You can stay as many days as you want over a year so long as you can show to CBP that you will return home without violating status, although there are likely tax and public benefit (back home) issues that will arise.

 

A bar comes into play upon 180 days or more of unlawful presence. Any overstay voids the existing visa and make getting a new tourist visa difficult (but won’t impact a K-1 or immigrant visa).

[Jorge V 195]

3 hours ago, Brittani said:

I'm almost 100% certain you're actually not suppose to stay more than 90 days at a time for a visit. You can come back as long as you're not here for over 180 days within a year but keep that in mind if you overstay 90 days within one go when you go try to come back it's likely they will deny you.

Judging by your country (the UK), I believe you're referring to people traveling under the visa waiver program. Citizens of those countries can enter the US without previously applying for a visa and are allowed to stay visa free for up to 90 days. People from non visa waiver countries, such as the Ukraine, have to apply for a B1/B2 visa which generally allow for 180 days per visit, though this is at the CBP officer's discretion.

 

As far as someone with a B1/B2 staying over 90 days, it's been my experience that staying over 90 days--and even close to 180--is not a problem unless they try to do this repeatedly in a short amount of time. So someone who plans on staying 170 days might be allowed entry just fine, and if they don't return to the US for 1+ years, then they'll likely never face scrutiny. However, someone who plans to stay 170 days, leave the US, and then try to return for another 170 day trip only a few months later will likely get denied.

Edited February 18, 2018 by Jorge V

[Jorge V 195]

2 minutes ago, Jorge V said:

 

Accidentally double posted 

Edited February 18, 2018 by Jorge V

[Brittani 484]

30 minutes ago, geowrian said:

None of this is 100% correct.

 

You can stay for as long as the officer permits at POE. Typically that’s 6 months max (1 year technically possible but extremely rare). You can stay as many days as you want over a year so long as you can show to CBP that you will return home without violating status, although there are likely tax and public benefit (back home) issues that will arise.

 

A bar comes into play upon 180 days or more of unlawful presence. Any overstay voids the existing visa and make getting a new tourist visa difficult (but won’t impact a K-1 or immigrant visa).

Just stating what I know and we've had personal dealings with this before with an officer at the airport.

[Brittani 484]

29 minutes ago, Jorge V said:

Judging by your country (the UK), I believe you're referring to people traveling under the visa waiver program. Citizens of those countries can enter the US without previously applying for a visa and are allowed to stay visa free for up to 90 days. People from non visa waiver countries, such as the Ukraine, have to apply for a B1/B2 visa which generally allow for 180 days per visit, though this is at the CBP officer's discretion.

 

As far as someone with a B1/B2 staying over 90 days, it's been my experience that staying over 90 days--and even close to 180--is not a problem unless they try to do this repeatedly in a short amount of time. So someone who plans on staying 170 days might be allowed entry just fine, and if they don't return to the US for 1+ years, then they'll likely never face scrutiny. However, someone who plans to stay 170 days, leave the US, and then try to return for another 170 day trip only a few months later will likely get denied.

Yep just giving my advice with our personal experience. 

[Brittani 484]

To the OP I wasn't trying to give false information and I do apologize if I did so. I'm not an expert on immigration I just wanted to share my personal experience with it. My fiance has been coming to and from the UK to visit me since May 2015. When he arrived this last time to visit they actually detained him at the Orlando airport and the officer's reasoning was "because he was in the US more than he was his home country in the last year" so asking around on here and looking it up I've learned that you cannot stay more than 6 months which is about 180 days and my fiance personally (he's a UK citizen) cannot stay more than 90 days at a time on the waiver system. Now I actually looked up his i94 just to see if he actually did over stay and he was here for approximately 158 days last year. So they most definitely deny whoever for whatever reason they choose. I wish you luck because it's definitely not something I wish on anyone to go through what he went through.

[geowrian 22,337]

Posting your personal experiences are fine, and often encouraged since it's how we learn about various processes and such going on.

 

That said, the experience needs to be applicable to the situation or else it can result in incorrect (and sometimes dangerous) information. Furthermore, I would suggest qualifying an experience as such - i.e. don't say "I'm almost 100% certain..." and "You can/cannot... That is no longer a personal experience but advice for somebody else's situation.

 

Please don't take the above the wrong way. I 100% encourage sharing of experiences and trying to help.