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dex3297

staying three months on tourist visa

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Filed: Timeline

Hello! I wanted to ask your thoughts or maybe experiences on following matter. 

 

My mother had interview for tourist visa last year in October. When she was asked how long she was planning on staying in the US , she answered 2 months. She was granted 10 years visa.  Plans has changed and she is able to stay here for three months, and that's how she booked her return ticket. Neither of us really thought about it until I started reading more about tourist visas.. Now I'm worried she may have problems on the POE..

She already transferred bunch of $ to my account that definiately shows her financial ability to stay here and travel for 3 months (she is retired) which i told her to have copy of that transfer on her just in case.  

 

 

What do you guys think? Has anybody been in situation like that?

Thank you.

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There has been cases where people were questioned about their change of plans. Or if your mom will come on her second visit, they might question her why she declared 2 months but stayed longer.

 

But there are also cases where it completely doesn't matter.

 

You just have to wait and see what happens.

K1

29.11.2013 - NoA1

06.02.2014 - NoA2

01.04.2014 - Interview. 

AoS

03.2015 - AoS started.

09.2015 - Green Card received.  

RoC

24.07.2017 - NoA1.

01.08.2018 - RoC approved. 

 

 

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Filed: K-1 Visa Country: Malaysia
Timeline
8 minutes ago, dex3297 said:

Hello! I wanted to ask your thoughts or maybe experiences on following matter. 

 

My mother had interview for tourist visa last year in October. When she was asked how long she was planning on staying in the US , she answered 2 months. She was granted 10 years visa.  Plans has changed and she is able to stay here for three months, and that's how she booked her return ticket. Neither of us really thought about it until I started reading more about tourist visas.. Now I'm worried she may have problems on the POE..

She already transferred bunch of $ to my account that definiately shows her financial ability to stay here and travel for 3 months (she is retired) which i told her to have copy of that transfer on her just in case.  

 

 

What do you guys think? Has anybody been in situation like that?

Thank you.

I think she will be fine.If the officer why she changes the duration period, just tell the officer the truth. Provide a reason why now she able to stay for 3 months instead of 2 months. The situation differs from each person. Even someone might have the same situation exactly like that, no one can give you the exact answer to what will happen. Aside from that, since she is retired, she might want to prepare other documents to show her tie to the country aside from the return ticket. 

DISCLAIMER: I'm not working with USCIS/NVC and never work with them. All my comment based on my own experience and what I read. 

 

"When you have a fight with your partner, remember that it is not you against your partner but it is both of you against the problem" :) 

 

 
I-129F Sent : 2017-05-12

I-129F NOA1 :

I-129F NOA2:

2017-06-17

2017-11-29 (Date on hard copy) / 2017-11-30 (Date USCIS Website/Online Tracker App)

NVC Received Date:                 2018-01-16

NVC Case No. assigned:         2018-01-16

NVC Left:                                    2018-01-20

Consulate Received:                2018-01-22

Packet 3 Received:                   2018-01-27

Packet 3 Sent:                           2018-01-27

Interview Date:                          2018-03-08

Visa Received:                          2018-03-13

US Entry:                                    2018-03-19

SSN Application:                      2018-04-03

SSN Received:                          2018-05-02

Marriage:                                   2018-05-05

Marriage Certificate

Received:                                   2018-05-15

Change name in SSN:             2018-06-04

AOS, AP & EAD submitted:    2018-07-06

NOA 1 (email):                          2018-07-10

NOA 1 (mail):                            2018-07-16

Biometric app:                          2018-08-09

EAD & AP Received:                2018-xx-xx

AOS Interview:                          2018-09-24 
Approval/Denied:                      Approved 

Green Card Received:             2018-09-29

 

 

 

 

 

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when I used to visit my sister, the first visit I only planned 1 month and ended up staying for 3 months. Your allowed stay or at least when I used to do it, the POE officer stamps until when you can stay. So as long as she doesn't overstay the stamped, she will be fine.

CR1

  • Consulate : Manila, Philippines
  • Marriage: 2014-10-01
  • I-130 Sent : 2014-10-16
  • I-130 NOA1 (Email) : 2014-10-22
  • I-130 NOA1 (Hardcopy) : 2014-10-26
  • I-130 NOA2 (Email) : 2014-11-26
  • I-130 NOA2 (Hardcopy) : 2014-12-03
  • NVC Case Received : 2014-12-10
  • Case Number Received : 2015-01-15
  • Submitted DS-261 : 2015-01-20
  • NVC Received AOS and IV Packages : 2015-02-25
  • Case Completed at NVC: 2015-03-30
  • Interview Scheduled: 2015-04-18
  • Interview Date: 2015-05-27
  • Interview Result: Approved
  • Visa Received: 2015-06-05
  • POE: 2015-07-03 (JFK)
  • Received Greencard: 2015-08-15
  • Returned Greencard: 2015-08-23
  • Recieved Corrected Greencard: 2015-11-16 (JFK)

 

ROC

  • Sent I-751 Packet: 2017-05-19
  • VSC Received: 2017-05-22
  • Check Cashed: 2017-05-26
  • NOA1 Received2017-05-30
  • Biometrics Letter Received2017-06-16
  • Biometrics Appointment2017-06-27
  • Interview: 2018-11-20
  • Approval Letter: 2018-11-26
  • Received Greencard2018-11-27
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sorry, just to be clear, as long as she doesn't stay longer than the date the POE stamped on her passport, she's fine.

CR1

  • Consulate : Manila, Philippines
  • Marriage: 2014-10-01
  • I-130 Sent : 2014-10-16
  • I-130 NOA1 (Email) : 2014-10-22
  • I-130 NOA1 (Hardcopy) : 2014-10-26
  • I-130 NOA2 (Email) : 2014-11-26
  • I-130 NOA2 (Hardcopy) : 2014-12-03
  • NVC Case Received : 2014-12-10
  • Case Number Received : 2015-01-15
  • Submitted DS-261 : 2015-01-20
  • NVC Received AOS and IV Packages : 2015-02-25
  • Case Completed at NVC: 2015-03-30
  • Interview Scheduled: 2015-04-18
  • Interview Date: 2015-05-27
  • Interview Result: Approved
  • Visa Received: 2015-06-05
  • POE: 2015-07-03 (JFK)
  • Received Greencard: 2015-08-15
  • Returned Greencard: 2015-08-23
  • Recieved Corrected Greencard: 2015-11-16 (JFK)

 

ROC

  • Sent I-751 Packet: 2017-05-19
  • VSC Received: 2017-05-22
  • Check Cashed: 2017-05-26
  • NOA1 Received2017-05-30
  • Biometrics Letter Received2017-06-16
  • Biometrics Appointment2017-06-27
  • Interview: 2018-11-20
  • Approval Letter: 2018-11-26
  • Received Greencard2018-11-27
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just to be clear, the visa itself is valid for x number of years (in your mother's case, 10 years) but how long she will be allowed to stay is decided by CBP upon entry. this can vary of course, but is usually 6 months.

 

provided that your mother is granted 3 months or more upon entry, then i think she will be ok to stay for that long. but like what others said above, if questioned, just be honest  and be prepared with proof of ties back home if required. people change plans all the time, and your mother will not be the first one to do this. i would stress though, to leave the US on time and not to cut it to close to the expiry of the I-94 in case there is any emergency beyond your control upon leaving (ie bad weather, cancelled flights) that would make your mother overstay.

 

any overstay as you might already know will automatically cancel her visa and all that hard work to get it will have gone to waste. plus getting another visa after an overstay will be close to impossible.

Edited by doggieandsam

Passport 17-Feb-22 Drop-off at USPS (expedited processing and shipping) ~ 22-Feb-22 Status: In Process ~ 08-Mar-22 Passport book shipped ~ 09-Mar-22 Status: Approved. Passport book in hand.

N-400     28-Jun-21 Filed online ~ 28-Jun-21 Received NOA + "Biometrics will be re-used" notice ~ 14-Dec-21 Interview scheduled ~ 25-Jan-22 Interview. Approved. Case status: Oath will be scheduled.  ~ 01-Feb-22 Oath scheduled. ~ 14-Feb-22 Oath ceremony.   

ROC        11-Jun-20 Application sent via FedEx ~ 16-Jun-20 Case received ~ 29-Jun-20 (Old) biometrics applied to case ~ 01-Jul-20 NOA ~ 23-Dec-21 Case transferred to new office ~ 25-Jan-22 Combo interview with N400. Case approved. 

AOS        13-Oct -17 Application sent via FedEx ~ 17-Oct-17 Case received ~ 24-Oct-17 Fingerprint fee received ~ 25-Oct-17 NOA1 ~ 17-Nov-17 Biometrics ~ 23-Nov-17 Status "We are scheduling
                 your 
interview" ~ 24-Jul-18 Status "We have scheduled your interview" ~ 28-Jul-18 Interview notice received in the mail  ~ 29-Aug-18 Interview 30-Aug-18 Status "Case was approved" 
                 
04-Sep-18 Received approval / welcome letter in the mail ~04-Sep-18 Status: "Card was mailed to me" ~07-Sep-18 Green card received

EAD/AP  13-Oct Application sent via FedEx ~ 17-Oct Case received ~ 25-Oct NOA1 ~ 17-Nov Biometrics ~ 09-Jan Approved ~ 13-Jan Notice received ~ 18-Jan Combo card received

K1 Visa   28-Jun-17 Case ready (No packet 3 received) ~ 22-Jul Medical ~ 02-Aug Interview (APPROVED!) ~ 03-Aug Visa issued ~ 08-Aug VOH ~ 14-Sep POE (Abu Dhabi) ~ 01-Oct-17 Got married! 

I-129F     17-Feb-17 Petition sent via FedEx ~ 21-Feb-17 Case received ~ 24-Feb-17 NOA1 ~ 30-May-17 NOA2 12-Jun-17 NVC received / Case and Invoice numbers assigned ~ 20-Jun-17 NVC left

 

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I doubt changing 2 months to 3 months will raise any eyebrows. 2 weeks to 6 months, maybe! 

if there had been any real concern at interview, she wouldn’t have been granted a 10Y multiple entry visa, I’m sure she’ll be fine. 

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I concur with the others. A 1 month change of plans isn't likely to be an issue. Just be honest and carry ties to return home, as always.

Timelines:

ROC:

Spoiler

7/27/20: Sent forms to Dallas lockbox, 7/30/20: Received by USCIS, 8/10 NOA1 electronic notification received, 8/1/ NOA1 hard copy received

AOS:

Spoiler

AOS (I-485 + I-131 + I-765):

9/25/17: sent forms to Chicago, 9/27/17: received by USCIS, 10/4/17: NOA1 electronic notification received, 10/10/17: NOA1 hard copy received. Social Security card being issued in married name (3rd attempt!)

10/14/17: Biometrics appointment notice received, 10/25/17: Biometrics

1/2/18: EAD + AP approved (no website update), 1/5/18: EAD + AP mailed, 1/8/18: EAD + AP approval notice hardcopies received, 1/10/18: EAD + AP received

9/5/18: Interview scheduled notice, 10/17/18: Interview

10/24/18: Green card produced notice, 10/25/18: Formal approval, 10/31/18: Green card received

K-1:

Spoiler

I-129F

12/1/16: sent, 12/14/16: NOA1 hard copy received, 3/10/17: RFE (IMB verification), 3/22/17: RFE response received

3/24/17: Approved! , 3/30/17: NOA2 hard copy received

 

NVC

4/6/2017: Received, 4/12/2017: Sent to Riyadh embassy, 4/16/2017: Case received at Riyadh embassy, 4/21/2017: Request case transfer to Manila, approved 4/24/2017

 

K-1

5/1/2017: Case received by Manila (1 week embassy transfer??? Lucky~)

7/13/2017: Interview: APPROVED!!!

7/19/2017: Visa in hand

8/15/2017: POE

 

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1 hour ago, dex3297 said:

Hello! I wanted to ask your thoughts or maybe experiences on following matter. 

 

My mother had interview for tourist visa last year in October. When she was asked how long she was planning on staying in the US , she answered 2 months. She was granted 10 years visa.  Plans has changed and she is able to stay here for three months, and that's how she booked her return ticket. Neither of us really thought about it until I started reading more about tourist visas.. Now I'm worried she may have problems on the POE..

She already transferred bunch of $ to my account that definiately shows her financial ability to stay here and travel for 3 months (she is retired) which i told her to have copy of that transfer on her just in case.  

 

 

What do you guys think? Has anybody been in situation like that?

Thank you.

My mom has 5 years visa, intitally she come for 1 month and ended up staying for 5 months. 

Again i brought her here to US, Absolutely no questions asked. She stayed for 3 months.....She is coming back next month and i am sure no issues here.....As long as she dont over stay her visa, i dont think so officer care....Plans changes all the time....But just be care she dont overstayed.

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19 minutes ago, mhis82 said:

My mom has 5 years visa, intitally she come for 1 month and ended up staying for 5 months. 

Again i brought her here to US, Absolutely no questions asked. She stayed for 3 months.....She is coming back next month and i am sure no issues here.....As long as she dont over stay her visa, i dont think so officer care....Plans changes all the time....But just be care she dont overstayed.

It’s not just overstay, if she’s visiting too often it will be an issue. If the periods between visits are long it should be ok.

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22 minutes ago, mhis82 said:

As long as she dont over stay her visa, i dont think so officer care....

I wouldn't quite go that far...many people have been denied entry for staying too long within the US even though they never overstayed. These stories pop up on VJ quite regularly (probably more than once a week). Staying in the US too often with a tourist visa is cause for refusal. But for an initial stay, or subsequent stays after an appropriate gap between stays, it shouldn't be an issue.

Edited by geowrian

Timelines:

ROC:

Spoiler

7/27/20: Sent forms to Dallas lockbox, 7/30/20: Received by USCIS, 8/10 NOA1 electronic notification received, 8/1/ NOA1 hard copy received

AOS:

Spoiler

AOS (I-485 + I-131 + I-765):

9/25/17: sent forms to Chicago, 9/27/17: received by USCIS, 10/4/17: NOA1 electronic notification received, 10/10/17: NOA1 hard copy received. Social Security card being issued in married name (3rd attempt!)

10/14/17: Biometrics appointment notice received, 10/25/17: Biometrics

1/2/18: EAD + AP approved (no website update), 1/5/18: EAD + AP mailed, 1/8/18: EAD + AP approval notice hardcopies received, 1/10/18: EAD + AP received

9/5/18: Interview scheduled notice, 10/17/18: Interview

10/24/18: Green card produced notice, 10/25/18: Formal approval, 10/31/18: Green card received

K-1:

Spoiler

I-129F

12/1/16: sent, 12/14/16: NOA1 hard copy received, 3/10/17: RFE (IMB verification), 3/22/17: RFE response received

3/24/17: Approved! , 3/30/17: NOA2 hard copy received

 

NVC

4/6/2017: Received, 4/12/2017: Sent to Riyadh embassy, 4/16/2017: Case received at Riyadh embassy, 4/21/2017: Request case transfer to Manila, approved 4/24/2017

 

K-1

5/1/2017: Case received by Manila (1 week embassy transfer??? Lucky~)

7/13/2017: Interview: APPROVED!!!

7/19/2017: Visa in hand

8/15/2017: POE

 

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1 hour ago, geowrian said:

I wouldn't quite go that far...many people have been denied entry for staying too long within the US even though they never overstayed. These stories pop up on VJ quite regularly (probably more than once a week). Staying in the US too often with a tourist visa is cause for refusal. But for an initial stay, or subsequent stays after an appropriate gap between stays, it shouldn't be an issue.

My parents been coming to US for last 10 years on and off.........This is their 3rd 5 years visa. 

My mom and dad, in 2013 stayed for 11 months. They stayed 6 months and went back for a month and come back again for another 5 months........

You are allowed to visit any time, and stay upto 6 month. Only time they suspect you if they catch you working, over staying or any other issues......

My parents are retired but have good assets.  Forgot to mention, my dad been visiting US since 1992, Never over stayed and stayed good terms with his visa.

 

 

Edited by mhis82
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11 minutes ago, mhis82 said:

My parents been coming to US for last 10 years on and off.........This is their 3rd 5 years visa. 

My mom and dad, in 2013 stayed for 11 months. They stayed 6 months and went back for a month and come back again for another 5 months........

You are allowed to visit any time, and stay upto 6 month. Only time they suspect you if they catch you working, over staying or any other issues......

My parents are retired but have good assets.  Forgot to mention, my dad been visiting US since 1992, Never over stayed and stayed good terms with his visa.

 

 

Wrong. Even the CBP website says you should be spending more time out than in the US. And many people get stays authorized less than 6 months.

as geowrian says, we get regular reports here of people who never overstayed but get denied entry bevasue they’re spending too much time in the US. If your parents have a long history of visiting and returning that is standing in their favor, but many people don’t have that. It is a very dangerous thing to suggest to someone with no history.  If their 2013 visit had been the first, they might have made the second part of it, if they tried that trick repeatedly even with no overstay I guarantee you at some point they would have been denied entry. 

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2 hours ago, mhis82 said:

My parents been coming to US for last 10 years on and off.........This is their 3rd 5 years visa. 

My mom and dad, in 2013 stayed for 11 months. They stayed 6 months and went back for a month and come back again for another 5 months........

You are allowed to visit any time, and stay upto 6 month. Only time they suspect you if they catch you working, over staying or any other issues......

My parents are retired but have good assets.  Forgot to mention, my dad been visiting US since 1992, Never over stayed and stayed good terms with his visa.

Things have worked out fine for you and that's great. And to clarify, I was not making any remark about you or your parents' circumstances (I didn't even know what they were).

But there is a risk in that kind of lengthy and regular stays without much time back home. Check the numerous threads here for personal accounts of this kind of travel history resulting in being denied entry.

 

I'm not saying that kind of travel pattern is not permitted...just that it does carry a nontrivial risk. The claim that "As long as she dont over stay her visa, i dont think so officer care.... " is a dangerous suggestion as people are regularly denied without overstaying or working or other violations of status.

Edited by geowrian

Timelines:

ROC:

Spoiler

7/27/20: Sent forms to Dallas lockbox, 7/30/20: Received by USCIS, 8/10 NOA1 electronic notification received, 8/1/ NOA1 hard copy received

AOS:

Spoiler

AOS (I-485 + I-131 + I-765):

9/25/17: sent forms to Chicago, 9/27/17: received by USCIS, 10/4/17: NOA1 electronic notification received, 10/10/17: NOA1 hard copy received. Social Security card being issued in married name (3rd attempt!)

10/14/17: Biometrics appointment notice received, 10/25/17: Biometrics

1/2/18: EAD + AP approved (no website update), 1/5/18: EAD + AP mailed, 1/8/18: EAD + AP approval notice hardcopies received, 1/10/18: EAD + AP received

9/5/18: Interview scheduled notice, 10/17/18: Interview

10/24/18: Green card produced notice, 10/25/18: Formal approval, 10/31/18: Green card received

K-1:

Spoiler

I-129F

12/1/16: sent, 12/14/16: NOA1 hard copy received, 3/10/17: RFE (IMB verification), 3/22/17: RFE response received

3/24/17: Approved! , 3/30/17: NOA2 hard copy received

 

NVC

4/6/2017: Received, 4/12/2017: Sent to Riyadh embassy, 4/16/2017: Case received at Riyadh embassy, 4/21/2017: Request case transfer to Manila, approved 4/24/2017

 

K-1

5/1/2017: Case received by Manila (1 week embassy transfer??? Lucky~)

7/13/2017: Interview: APPROVED!!!

7/19/2017: Visa in hand

8/15/2017: POE

 

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