Duration of visit?

[lilysidiq 0]

Hi,

I would like some advice. I have read extensively, so understand that entry is subjective to POE officer at immigration and sometimes just a dash of luck!

However I am going to stay with my fiance in September, and have a B1/B2 visa. I am currently researching for my dissertation on HIV in the USA, and need to use libraries and UN resources over there ( my visa is from when I interned at the UN). I have not yet brought my ticket and am wondering what people's thoughts are on whether or not it will raise red flags if I intend to stay for 3.5 months (my visa allows it in theory), as we both want to come back to London for Christmas, where I Will stay until the embassy interview. I have ample reason to be there for my work, and am a student, and am intending to come home, but given that we are in the K1 process perhaps things might be different, and only shorter stays are allowed?

Thanks Lily

[YuAndDan 153]

An overstay of less than 6 months does not require a waiver to be filed. What you are proposing is an overstay of about 15 days or so, that should pose no problem unless you have overstayed before, overstays are cumulative.

Edited August 17, 2007 by YuAndDan

[Caladan 19]

What do you mean by "your visa allows it in theory?" That it would be a short overstay, or that you have a visa that allows a 3.5 month visit?

[lilysidiq 0]

what I mean is that the B1/B2 visa I have is valid for up to 6 months at a time. When I go in, and tell them I intend to stay under 3 months they stamp it for only 3months, but it CAN be stamped for up to 6months, and was when I worked at the UN. However, as we are going through this process, I am worried that may be more problematic this time, and it might be best to stay for shorter time. I know there is no right/wrong answer just wanted thoughts!

[pushbrk 12,883]

what I mean is that the B1/B2 visa I have is valid for up to 6 months at a time. When I go in, and tell them I intend to stay under 3 months they stamp it for only 3months, but it CAN be stamped for up to 6months, and was when I worked at the UN. However, as we are going through this process, I am worried that may be more problematic this time, and it might be best to stay for shorter time. I know there is no right/wrong answer just wanted thoughts!

Since you've been here before on a similar visa and both then and now are legitimate reasons, I don't think you'll have a problem by telling them the planned length of your stay. Just keep your explanation to the specific reason you are entering legitimately on the B2 visa.

Your domestic plans are incidental. If they come up, be truthful.

[lilysidiq 0]

Thanks. That is a relief to hear. I think I should be fine, touch wood, they have never grilled me before, just would prefer to avoid it. Almost feeling confident enough to book my ticket now!

Lily

[Caladan 19]

Oh, okay. You should be fine. You're here primarily to do your work, you intend to leave, and you're filing for the K-1. With the caveats about the POE and whether they think you have immigrant intent, you're good to go. It's totally fine to do research and visit with your boyfriend at the same time just like it's fine to do research and go shopping at the same time.

Can they stamp it for three and a half months? Just ask them. You're here to do research, and you're returning at the end of December for Christmas. Like anyone else here for the fall semester.

[lilysidiq 0]

Yes I should be fine. I will have a letter from my university saying I am coming back to graduate on December 18th and a return flight and bank accounts, and I am not even sure I will show up as a K1 filer this early on....a possible bonus of these backlogs, although I bet the one thing they do update is immigration records lol!

lily