A quick question - Is this legal?

[Boiler 46,086]

17 minutes ago, WheresMyLawyer said:

Ok, so that "rule of thumb" is not set in stone?  Would she face any real issues if she was to return 4 months later after staying for 4 months?  She has been in and out of the U.S. numerous times and has always obeyed the duration requirements and that is reflected on her i-94.

Possibly

[OldUser 7,485]

29 minutes ago, WheresMyLawyer said:

Ok, so that "rule of thumb" is not set in stone?  Would she face any real issues if she was to return 4 months later after staying for 4 months?  She has been in and out of the U.S. numerous times and has always obeyed the duration requirements and that is reflected on her i-94.

No entry is set in stone either. CBP can always deny it

[Dashinka 24,786]

2 hours ago, WheresMyLawyer said:

Ok, so that "rule of thumb" is not set in stone?  Would she face any real issues if she was to return 4 months later after staying for 4 months?  She has been in and out of the U.S. numerous times and has always obeyed the duration requirements and that is reflected on her i-94.

Maybe yes, maybe no.  All B2 entries are at the discretion of CBP, so a pattern of coming for 4 months, leaving for 4 months, and returning might eventually raise eyebrows with CBP and possibly lead to cancellation of her B2.

[WheresMyLawyer 7]

Thanks everyone, I will definitely tell her that we'll have to cool our plans down a bit.  She was visiting me on an ESTA 2-3 a year, then she decided to get the B2 as it was more flexible and we can do more things while she's here.  The plan now is to come down for four months.  I'll tell her we'll wait at least four months after she leaves before considering coming back.

 

We're just trying to spend as much time together before we eventually tie the knot which probably (if all goes to plan) will be later this year or next.  We're in no real hurry and we've already been together for a few years now.  But the traveling is wearing on her.  Thanks again all!