B1/B2 Question

[Raj2020 1]

Hi All,

 

My sister came with B1/B2 and in her passport she has visa until October 24, 2022 but when she entered to US, port of entry officer stamped her passport till March 2023. Can she stay until March 2023 or she should leave before October 24,2022.

 

Any inputs would be helpful and thanks in advance.

 

Raj.

[Boiler 45,740]

She can stay until March 2023

 

Whether she should is another issue

[Raj2020 1]

Thanks Boiler. This helps a lot to change her returning date.

 

Thanks again.

 

Raj.

[Raj2020 1]

If she stay til march 2023, hope she won't overstay her visit. Am I correct?

 

Raj.

[SusieQQQ 11,587]

1 hour ago, Raj2020 said:

If she stay til march 2023, hope she won't overstay her visit. Am I correct?

 

Raj.

Visa expiry is a different thing, you can enter the last day your visa is valid and still get 6 months to stay as a tourist. I94 is what matters for considering overstay.

[Raj2020 1]

Great! Thanks for clearing confusion.

 

Raj

[Timona 4,208]

2 hours ago, Raj2020 said:

Thanks Boiler. This helps a lot to change her returning date.

 

Thanks again.

 

Raj.

 

Thought she was only visiting? Why change the date? She met someone?

[SusieQQQ 11,587]

54 minutes ago, Timona said:

 

Thought she was only visiting? Why change the date? She met someone?

Jeez you guys don’t even read between the lines but off the edge of the page 

obviously they thought originally she’d have to leave when the visa expired, not understanding the difference between visa vs i94 expiry.  Why not stay for a longer visit if you  can? I did that when I had the time to do it. Without meeting anyone!!
leave it up to VJ to find nefarious motives for every simple question 

Edited October 14, 2022 by SusieQQQ

[Raj2020 1]

Timona...Nope she didn't meet anyone and BTW she's happily married and have 18 yrs old son 😃😃😃 Like SusieQQQ said, I was just clearing my doubts. Its been a while since I dealt with Immigration stuff. So thought I should give a try asking who are familiar with current.

 

She wanted to spend time with my mom so she want's to stay little longer if she could, that's all.

 

 

Raj.

 

 

[Timona 4,208]

59 minutes ago, SusieQQQ said:

Jeez you guys don’t even read between the lines but off the edge of the page 

obviously they thought originally she’d have to leave when the visa expired, not understanding the difference between visa vs i94 expiry.  Why not stay for a longer visit if you  can? I did that when I had the time to do it. Without meeting anyone!!
leave it up to VJ to find nefarious motives for every simple question 

 

I was just asking as most people that I've seen here of late seemed to have met someone all of a sudden. I mean, even if she had, no problem as was admitted legally and can legally adjust. It was just a question.

 

Adjusting on B2 is legal. So, I have no issues with it. 

 

5 minutes ago, Raj2020 said:

Timona...Nope she didn't meet anyone and BTW she's happily married and have 18 yrs old son 😃😃😃 Like SusieQQQ said, I was just clearing my doubts. Its been a while since I dealt with Immigration stuff. So thought I should give a try asking who are familiar with current.

 

She wanted to spend time with my mom so she want's to stay little longer if she could, that's all.

 

 

Raj.

 

Understood. 

[SusieQQQ 11,587]

13 minutes ago, Timona said:

 

I was just asking as most people that I've seen here of late seemed to have met someone all of a sudden. I mean, even if she had, no problem as was admitted legally and can legally adjust. It was just a question.

 

Adjusting on B2 is legal. So, I have no issues with it. 

 

 

Understood. 

Yeah well people don’t come onto VJ to post that they are having a normal tourist visit and going home, do they? Of course most of the ones you’re going to see here are the ones who want to adjust.  I assure you the vast majority of visitors don’t “meet someone”. It’s like judging how many sick people are in the city by who you meet at the hospital.  OP is not the first to get confused between visa validity and i94. 

[Sellamalola 222]

14 hours ago, Raj2020 said:

Hi All,

 

My sister came with B1/B2 and in her passport she has visa until October 24, 2022 but when she entered to US, port of entry officer stamped her passport till March 2023. Can she stay until March 2023 or she should leave before October 24,2022.

 

Any inputs would be helpful and thanks in advance.

 

Raj.

She should leave today if possible and renew that visa immediately. When I was a tourist I would never let my visa expire or travel on a visa that was about to expire. Also, it is nit recommended to stay the entire time the IO stamps you for cause it could raise red flags next time she comes in. Good luck friend 👍🏽 🍀 

[SusieQQQ 11,587]

10 minutes ago, Sellamalola said:

She should leave today if possible and renew that visa immediately. When I was a tourist I would never let my visa expire or travel on a visa that was about to expire. Also, it is nit recommended to stay the entire time the IO stamps you for cause it could raise red flags next time she comes in. Good luck friend 👍🏽 🍀 

You don’t seem to understand the difference between visa expiry and authorized stay, the same issue OP had. Suggest you read through the thread. 
 

Also explained in Dept of state pages here. https://travel.state.gov/content/travel/en/us-visas/visa-information-resources/visa-expiration-date.html included in the explanation it says (and they bold it to emphasize it) You cannot use the visa expiration date in determining or referring to your permitted length of stay in the United States.

They also specifically note you can enter literally on the day the visa expires, so obviously that is not an issue, they don’t expect you to leave the same day again because it’s expiring lol

can be used from the date it is issued until the date it expires to travel to the U.S. port-of-entry 

Additionally, the visa expiration date shown on your visa does not reflect how long you are authorized to stay within the United States. Entry and the length of authorized stay within the United States are determined by the Customs and Border Protection (CBP) Officer at the port-of-entry each time you travel.

 

Edited October 15, 2022 by SusieQQQ

[Sellamalola 222]

22 hours ago, SusieQQQ said:

You don’t seem to understand the difference between visa expiry and authorized stay, the same issue OP had. Suggest you read through the thread. 
 

Also explained in Dept of state pages here. https://travel.state.gov/content/travel/en/us-visas/visa-information-resources/visa-expiration-date.html included in the explanation it says (and they bold it to emphasize it) You cannot use the visa expiration date in determining or referring to your permitted length of stay in the United States.

They also specifically note you can enter literally on the day the visa expires, so obviously that is not an issue, they don’t expect you to leave the same day again because it’s expiring lol

can be used from the date it is issued until the date it expires to travel to the U.S. port-of-entry 

Additionally, the visa expiration date shown on your visa does not reflect how long you are authorized to stay within the United States. Entry and the length of authorized stay within the United States are determined by the Customs and Border Protection (CBP) Officer at the port-of-entry each time you travel.

 

I’ve had a tourist visa since birth so as soon as I became of age, I’ve known how it works without a paragraph I didn’t even read, should have tagged the person asking maybe? If you ever held a tourist visa for 30 years and 10 of those years as a sensible adult, please share your actual experience staying the entire time given by cbp and also renewing and expired visa right after, I think that would be a great experience to share for when people look for these types of experiences they can find these answers. Thanks.

[SusieQQQ 11,587]

2 hours ago, Sellamalola said:

I’ve had a tourist visa since birth so as soon as I became of age, I’ve known how it works without a paragraph I didn’t even read, should have tagged the person asking maybe? If you ever held a tourist visa for 30 years and 10 of those years as a sensible adult, please share your actual experience staying the entire time given by cbp and also renewing and expired visa right after, I think that would be a great experience to share for when people look for these types of experiences they can find these answers. Thanks.

Funny you should ask, I’ve actually had 4 B visas as a sensible adult, the first two were one year expiry each and the next two ten years (the second of  those ten years I did not hold to its expiry as I got a green card in the meanwhile). On the first one, which I got as a just-graduated student, these were my actual experiences: entered, stayed 5.5 months of the 6 months given, left to travel elsewhere for 4 months, returned one month before my visa expired, again given 6 months to stay, stayed 3 months of that  (NOTE this put the stay past the visa expiry). Applied again a couple years later, given another one year visa, the next time i applied after that they gave me a 10 year visa.  And 10 year expiry again after. Zero negative impact from using almost the entire stay the first visit - and they let me back in a few months later - and more important and relevant in the context of the question of this post, I stayed beyond the expiry date of the visa but within the i94 and was TOTALLY FINE. Just like the official DoS extract i posted above says, but that you didn’t want to read, everything was fine. As you say, I hope that experience is helpful to people who need reassurance that the official Dept of State info does actually work in practice and once you are admitted it is the i94 date, not visa expiry date, that matters.