B1/2 visa stay

[fwb3566 6]

My girlfriend is from Indonesia and a world traveler, she has been to every continent in the world except Africa, she has had multiple visas, 3 schengen and others.

Last year she received a B 1/2 visa to come to the US and traveled with me in my RV for 4 months. She left a month ago and wants to return to travel more with me, I am going to retire in Sept 2024 and live in Indonesia.

She has honored every visa she has received but has been told she can not return so soon, her visa is good for 5 years and for 6 month stays. From what I have read there is no written time you have to wait between visits.

She is afraid after what she has been told and read and does not want to ruin her long history of travel and honoring every visa she has ever been given.

[OldUser 6,608]

Rule of thumb she needs to spend twice as much time outside of the US vs time in the US.

 

So if she spent 4 months in the US, it's best she spends 8 months OUTSIDE of the US before visiting again.

[fwb3566 6]

7 minutes ago, OldUser said:

Rule of thumb she needs to spend twice as much time outside of the US vs time in the US.

 

So if she spent 4 months in the US, it's best she spends 8 months OUTSIDE of the US before visiting again.

Rule of thumb? This sounds so vague and there is nothing about wait time between visits in the rules of the visa. Sounds like they make up the rules as they go.......

[fwb3566 6]

Would it be of any help if I went to indonesia and stayed a month, then return with her?

Waiting 8 months is crazy, why give a 5 year visa that is good for 6 month stays at a time?

We want to travel here as much as we can before I retire Sept 2024 and live in Indonesia.

[OldUser 6,608]

29 minutes ago, fwb3566 said:

Rule of thumb? This sounds so vague and there is nothing about wait time between visits in the rules of the visa. Sounds like they make up the rules as they go.......

Because CBP has discretion whether to allow an alien in or not. They decide themselves according to how they feel. If he or she suspects visa misuse, they won't let alien in and can cancel visa. Tourist visa is for short visits to the US, not for constant 4-6 months visits with a month of being outside in between. Spending 8 months out of 12 is not tourism, CBP can percieve it is as residing in the US without permanent residency.

Edited January 27, 2023 by OldUser

[fwb3566 6]

1 minute ago, OldUser said:

Because CBP has discretion whether to allow an alien in or not. They decide themselves according to how they feel. If he or she suspects visa misuse, they won't let alien in. Tourist visa is for short visits to the US, not for constant 4-6 months visits with a month of being outside in between.

If it is not for 4 to 6 month visits why give 6 month stays? This makes no sense to me, they decide how they feel, should be more cut and dry so people actually know what the rules are even if they are no written rules.....

She has traveled to 27 countries and has honored all visas over the years, nothing like this in any other country. 

 

[fwb3566 6]

One final food for thought.

I was recently in El Paso, Texas, when I reached down town I could not believe my eyes, it has turned into a tent city of illegals, they are flooding across the border to the tune of 1,500 a day just in the El Paso area.

But yet my girlfriend follows all laws and honors all visas and now has to wait 8 months before returning so she does not raise any red flags........  how many red flags are on our border?

I will just take the hit and retire early, I see now why immigration is such a disaster here. Even in Indonesia it is written in black and white the length of stay for each visa.

[Mike E 11,739]

5 hours ago, fwb3566 said:

If it is not for 4 to 6 month visits why give 6 month stays?

To give her more flexibility in case she has difficulties at the end of her planned stay: illness, flight delays, world disaster, etc. 

 

Quote

This makes no sense to me, they decide how they feel, should be more cut and dry so people actually know what the rules are even if they are no written rules.....

A B visa is not for living in the USA. Her pattern of travel and her romantic  relationship with a U.S. citizen can easily lead a CBP officer to conclude she is living in USA. 
 

CBP generally admits one general class of aliens for 6 months at a time (and expects them to stay out for 6 months before returning): financially independent people, including:

 

* retirees, especially Canadians (aka snow birds) who like birds, fly south for winter and return to Canada for the summer. So October 1 - March 31 in USA and the rest outside the USA.  CBP also understands the pattern of retirees from developing countries who come to USA 6 months out of year to be with an adult child who has an H1-B / green card / citizenship 

 

* younger, yet wealthy people.  They are a low risk for over stay because if they wanted to stay for a long time they have means to do so legally and the means to expedite their applications. 

 

What it has trouble understanding are younger people with non visible means of support or those who are self employed come to stay for months  at time, staying in the USA.”What are they doing while in the USA” CBP asks?  The answer is likely: “working without authorization”. And not paying U.S. income taxes either. 
 

.  
 

 Sometimes this pattern leads to an over stay, such as that described in 

 

Quote

She has traveled to 27 countries

Why isn’t she spending more time in those countries versus the U.S. now? She’s never been to Africa for instance. Plenty of stuff to see there. 
 

Quote

and has honored all visas over the years, nothing like this in any other country. 

 

Has she spent the same percentage of her time  in those countries as she does in the USA?

 

I’ve been to over 50 countries. Aside from Canada (where I am from) and the U.S., I’ve never spent more than a month at a time in any other country besides Australia.  My job didn’t afford me that kind of time. 
 

Besides  what is there to see in USA really that is unique?  NYC, Niagara, central FL theme parks and space port, New Orleans, Grand Canyon, Las Vegas, southern. CA theme parks and the film studios, and maybe DC, Chicago, Yellow Stone, and Yosemite.  She’s surely been to Nepal; our mountains are just little hills so she can skip the National Parks. So 45  days should do it.
 

The rest is fly over country: called that because we fly over it and don’t stop there

Edited January 27, 2023 by Mike E

[SalishSea 17,801]

7 hours ago, fwb3566 said:

Would it be of any help if I went to indonesia and stayed a month, then return with her?

Waiting 8 months is crazy, why give a 5 year visa that is good for 6 month stays at a time?

We want to travel here as much as we can before I retire Sept 2024 and live in Indonesia.

Because the B visa is not to be used for actually living in the US.   CBP will rightly wonder how she can afford to have such long vacations in the US, and whether she is working here remotely, which is not permitted.   
 

If she wants to spend so much time here, she needs a green card.

 

Also-  you seem to think that the 6 months is an entitlement .   It is not.   CBP can admit her for any length of time under 6 months, or they can deny her entry if they suspect immigrant intent, which is very likely as she appears to have no job or other ties to home, as evidenced by long trips to the US.

Edited January 27, 2023 by Jorgedig

[Rocio0010 5,579]

11 hours ago, fwb3566 said:

why give 6 month stays?

Would you rather they gave her a very cut and dry limit, for example 30 days and if her flight gets cancelled and she overstays, make her incur in a bar for an overstay through no fault of her own?!

[OldUser 6,608]

13 hours ago, fwb3566 said:

why give a 5 year visa that is good for 6 month stays at a time?

Analogy: a bank can give you a limit on credit card, but it doesn't mean it's a good idea to max it out. Same logic applies here.

 

Another analogy: your friend invites you over for a dinner. It doesn't mean you should eat up everything available on the table.

 

I know it's frustrating, but these are the rules.

Edited January 27, 2023 by OldUser

[fwb3566 6]

1 hour ago, Rocio0010 said:

Would you rather they gave her a very cut and dry limit, for example 30 days and if her flight gets cancelled and she overstays, make her incur in a bar for an overstay through no fault of her own?!

Actually yes so people know exactly where they stand, when I go to indonesia I know I have 30 days and can extend for another 30 days then have to leave the country. 

[Rocio0010 5,579]

2 minutes ago, fwb3566 said:

and can extend

So Indonesia does have some wiggle room in case plans change.

Guess what the US tries to do with a six month visa... give your girlfriend some room to stay without having to extend it.

 

I guess if a tourist visa that gives you some wiggle room where you'd also have to use some common sense to know when she can return no longer serves you, she can always marry you, apply for a green card, then become a citizen and then be able to come and go as she pleases without ever worrying about an overstay.

[fwb3566 6]

8 hours ago, Mike E said:

To give her more flexibility in case she has difficulties at the end of her planned stay: illness, flight delays, world disaster, etc. 

 

A B visa is not for living in the USA. Her pattern of travel and her romantic  relationship with a U.S. citizen can easily lead a CBP officer to conclude she is living in USA. 
 

CBP generally admits one general class of aliens for 6 months at a time (and expects them to stay out for 6 months before returning): financially independent people, including:

 

* retirees, especially Canadians (aka snow birds) who like birds, fly south for winter and return to Canada for the summer. So October 1 - March 31 in USA and the rest outside the USA.  CBP also understands the pattern of retirees from developing countries who come to USA 6 months out of year to be with an adult child who has an H1-B / green card / citizenship 

 

* younger, yet wealthy people.  They are a low risk for over stay because if they wanted to stay for a long time they have means to do so legally and the means to expedite their applications. 

 

What it has trouble understanding are younger people with non visible means of support or those who are self employed come to stay for months  at time, staying in the USA.”What are they doing while in the USA” CBP asks?  The answer is likely: “working without authorization”. And not paying U.S. income taxes either. 
 

.  
 

 Sometimes this pattern leads to an over stay, such as that described in 

 

Why isn’t she spending more time in those countries versus the U.S. now? She’s never been to Africa for instance. Plenty of stuff to see there. 
 

Has she spent the same percentage of her time  in those countries as she does in the USA?

 

I’ve been to over 50 countries. Aside from Canada (where I am from) and the U.S., I’ve never spent more than a month at a time in any other country besides Australia.  My job didn’t afford me that kind of time. 
 

Besides  what is there to see in USA really that is unique?  NYC, Niagara, central FL theme parks and space port, New Orleans, Grand Canyon, Las Vegas, southern. CA theme parks and the film studios, and maybe DC, Chicago, Yellow Stone, and Yosemite.  She’s surely been to Nepal; our mountains are just little hills so she can skip the National Parks. So 45  days should do it.
 

The rest is fly over country: called that because we fly over it and don’t stop there

She is not living here, I am retiring in 18 months to live in Indonesia, we want to travel as much as possible here before that.

We traveled from SW US to SE US and have proof of the many places we have been, our next travel plans were to go to Yellowstone and surrounding places.

If you think there are not many unique places in the US you have not traveled.

We are not looking for status change, what is the point, we will be living in Indonesia.

[fwb3566 6]

2 minutes ago, Rocio0010 said:

So Indonesia does have some wiggle room in case plans change.

Guess what the US tries to do with a six month visa... give your girlfriend some room to stay without having to extend it.

 

I guess if a tourist visa that gives you some wiggle room where you'd also have to use some common sense to know when she can return no longer serves you, she can always marry you, apply for a green card, then become a citizen and then be able to come and go as she pleases without ever worrying about an overstay.

Again, we want to travel here as much as possible before I retire and we both live in indonesia, no sense in going thru getting a greencard, I will be retired way before then.