When should beneficiary return to home country?

[Raiden30 5]

Hi all,

 

I am a US Citizen currently living in Brazil with my Brazilian fiancée. 

We submitted our I-129F package at the beginning of February and received our NOA1 on 2/22. 

I am returning to the USA on 5/24 and she is planning to travel with me on her tourist B1/B2 visa. She already has this visa and we traveled to the USA together last November for vacation. 

Our plan is for her to stay in the USA with me until she needs to return to Brazil for her interview in Rio de Janeiro. 

We are estimating the following dates for the rest of our process based on the current timelines (following the format in this flowchart http://www.visajourney.com/content/k1flow):
NOA2 - 8/29

NVC Receipt - 9/19

NVC Processing - 9/28

Embassy Receipt - 10/02

Embassy Processing - 11/08 (embassy sends forms/checklists, beneficiary compiles forms, beneficiary sends completed forms, beneficiary attends medical appt, embassy issues beneficiary with interview date)

 

So our question is - when should she return to Brazil from the USA? 

We were thinking sometime around the middle to end of October. Is this too late? Theoretically the forms could be sent to her address in Brazil around 10/09. Does she need to be there in person to complete them all or could she scan / mail items to her family? 

We are just trying to spend the least time apart but also don't want to have to buy a separate flight because we get the timing wrong.

 

Thanks! 

 

 

[NYCruiser 423]

2 minutes ago, Raiden30 said:

Hi all,

 

I am a US Citizen currently living in Brazil with my Brazilian fiancée. 

We submitted our I-129F package at the beginning of February and received our NOA1 on 2/22. 

I am returning to the USA on 5/24 and she is planning to travel with me on her tourist B1/B2 visa. She already has this visa and we traveled to the USA together last November for vacation. 

Our plan is for her to stay in the USA with me until she needs to return to Brazil for her interview in Rio de Janeiro. 

We are estimating the following dates for the rest of our process based on the current timelines (following the format in this flowchart http://www.visajourney.com/content/k1flow):
NOA2 - 8/29

NVC Receipt - 9/19

NVC Processing - 9/28

Embassy Receipt - 10/02

Embassy Processing - 11/08 (embassy sends forms/checklists, beneficiary compiles forms, beneficiary sends completed forms, beneficiary attends medical appt, embassy issues beneficiary with interview date)

 

So our question is - when should she return to Brazil from the USA? 

We were thinking sometime around the middle to end of October. Is this too late? Theoretically the forms could be sent to her address in Brazil around 10/09. Does she need to be there in person to complete them all or could she scan / mail items to her family? 

We are just trying to spend the least time apart but also don't want to have to buy a separate flight because we get the timing wrong.

 

Thanks! 

 

 

I believe the time of legal stay on a visitor's visa is 90 days. I believe it can be extended by another 90 days. So if she overstays beyond the time alloted, then it would be an overstay. That would be a problem in itself

[Raiden30 5]

16 minutes ago, NYCruiser said:

I believe the time of legal stay on a visitor's visa is 90 days. I believe it can be extended by another 90 days. So if she overstays beyond the time alloted, then it would be an overstay. That would be a problem in itself

I forgot to say in the original post, the maximum stay for her visitor's visa is 6 months. So she could theoretically stay until 11/25. 
When we traveled to the USA last November, she was given a 6 month stay even though she told the officer that she was only there for a 1 month vacation. 

Edited April 10, 2018 by Raiden30

[geowrian 22,337]

CBP can theoretically provide a duration of stay on a tourist visa up to a year. Most commonly they will issue up to 6 months. The validity of the visa has no impact here...go by the I-94 she is issued upon entry. You won't know what that is until she goes through POE. As long as she does not overstay that, there isn't an issue. At the same time, staying too long or often could also jeopardize the ability to enter next time (but has no impact on the current visit).

 

Your timeline isn't unreasonable, but keep it very open...it can shift by months (or more) in either direction without any warning or good reason.

The beneficiary has to return to complete the medical and interview, and obtain any other records (such as police certificate(s)).

Edited April 10, 2018 by geowrian

[Raiden30 5]

21 minutes ago, geowrian said:

CBP can theoretically provide a duration of stay on a tourist visa up to a year. Most commonly they will issue up to 6 months. The validity of the visa has no impact here...go by the I-94 she is issued upon entry. You won't know what that is until she goes through POE. As long as she does not overstay that, there isn't an issue. At the same time, staying too long or often could also jeopardize the ability to enter next time (but has no impact on the current visit).

 

Your timeline isn't unreasonable, but keep it very open...it can shift by months (or more) in either direction without any warning or good reason.

The beneficiary has to return to complete the medical and interview, and obtain any other records (such as police certificate(s)).

Thanks for the replies. I wasn't really worried about the length of stay that would be granted.

I was just looking for any opinions on what date we should book her return flight for based on our current timeline. Since it's generally a good idea to already have a return flight ticket in hand when clearing immigration in the USA, I need to pick a date now for her return flight. 

[Raiden30 5]

14 hours ago, Raiden30 said:

Thanks for the replies. I wasn't really worried about the length of stay that would be granted.

I was just looking for any opinions on what date we should book her return flight for based on our current timeline. Since it's generally a good idea to already have a return flight ticket in hand when clearing immigration in the USA, I need to pick a date now for her return flight. 

Anybody else have any input? I imagine that I'm not the only one who has had to determine return flight timing for a fiancée while they are visiting during K-1 processing .