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B2 Visa returning to US after 2 months. Stayed 5 months and got married to LPR.

Discussion in 'Entering USA on B Visas' started by Rain Capcal, Mar 10, 2017.

  1. Rain Capcal

    Rain Capcal New Member

    I stayed in US from Sept 1, 2016 to Feb 7, 2017 (5 mos and 6 days) for a vacation and to be with my granny. Upon my entry to US, I told CBP that Im just staying for 28 days but there are changes of plan so I stayed 5 months and spent the holidays there. During my stay, I met this someone and we became together. Few days before I left (feb2), we got an express wedding in the county just for guarantee that there will be no breakups while were apart. She is an LPR and about to file for citizenship in few months. I am planning to go back this April for a quick visit like 20 days vacation so we can check for the venue of the formal wedding on Feb 2018. Will I be denied at the POE since my last visit was long? Is there any document I need to bring to support my intentions? Like employment cert, leave of absences, list of venues we wanna check, other wedding preparation stuff? At the moment, I dont have any intention to change my status not until next year I guess. Can you guys help me on this?
     
  2. 1AurCitizen

    1AurCitizen Registered Users (C)

    Anyone not a US citizen can be denied or admitted; entry is always at CBP discretion.
    The CBP officer at your next POE may get curious about your job that previously let you take 5+ mos off. And returning back merely 2 months after having 'visited' for 5 mos could draw scrutiny.
    Your ties to the US appear stronger than your ties to your home country. That's a recipe for a denial of admittance.
     
  3. 1AurCitizen

    1AurCitizen Registered Users (C)

    As you are already legally married, your USC spouse should go ahead and file a i130 petition for a F2a visa.
     
  4. Rain Capcal

    Rain Capcal New Member

    We are not filing a petition coz this might affect my b2 visa. She is still an LPR and F2A process will take us 2 years thats why we plan to wait until she became a USC before we file for a petition. At the moment, my main concern is my re-entry next month since the interval from my last visit is just 2.5 months. I stayed 5 months then this time im planning to stay 20 days.
     
  5. Rain Capcal

    Rain Capcal New Member

    à111 What if I bring some documentations? The company Im working for is a family business thats why I have the luxury of time and I have an option to work remotely if necessary.
     
  6. Rain Capcal

    Rain Capcal New Member

    Im not sure about your question.
     
  7. 1AurCitizen

    1AurCitizen Registered Users (C)

    Again, I repeat, entry is at CBP discretion. The officer makes a determination based on circumstances at that moment. I'd wait a few months before attempting re-entry. If CBP asks about relatives in the US, you would mention your wife. F2a would not jeopardize B2 unless caught lying or misrepresenting. What country was B2 issued in?
     
  8. Rain Capcal

    Rain Capcal New Member

    The B2 visa was issued in the Philippines.
     
  9. 1AurCitizen

    1AurCitizen Registered Users (C)

    Slim odds of being admitted so soon after spending 5 mos. With a US spouse, a possibility exists that you may be denied entry with a suggestion to seek an immigrant visa.
     
  10. Triple Citizen

    Triple Citizen Registered Users (C)

    Since you just returned from a 5 month plus visit to the US, I strongly advise you not to seek a fresh entry so soon. Taking into account that you now have a spouse who is an LPR, you are risking refusal of entry.

     
  11. Rain Capcal

    Rain Capcal New Member

    So when do you think is the best time for me to come back in US? what if after 3 months?
     
  12. 1AurCitizen

    1AurCitizen Registered Users (C)

    An August or a later attempt, generically speaking.
     
  13. Triple Citizen

    Triple Citizen Registered Users (C)

    A genuine visitor should never spend more than 6 months in the US during any rolling 12 month window.

     

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