gap time between US visits on a b1/b2 visa

DavidSEA, thank you for your empathy, and yes whenever i entered the states i told the truth that i like to spent time with my husband.....i never overstayed my visa.....and when my husband was here in my homecountry he had an reentry, we know he cannot spent to much time outside the states yet, so he will come and visit me twice time this year for 2 weeks.......

DavidSEA said:
on a personal level, I'm sorry to hear that you had this rather upsetting experience. Unfortunately, the visa and immigration laws do not work well for your situation. By the rules of immigration laws, you were indeed breaking laws as the officer had every reason to believe that you tried to enter with intent to immigrate on your tourist visa. The same could have already happened at your second entry last Aug. if that officer would have known you're visiting your LPR husband. And yes, you're lucky they did not cancel your visa outright.

There is no quick fix for your situation. Once your LPR husband has his 5 years of US residency, he can apply for naturalization. Once he's a USC, he can sponsor you for a family based GC (check out the relevant forums on this site). Until then, tread lightly, i.e. stay out of the US as much as you can to not get denied and your visa canceled. And for a true catch20, your husband cannot stay too long outside of the US with you either, unless he risks his continuous residence.
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yes you are right, my husband falls under the regulation 4 years and one day, that means he can apply for his citizen on jan 1st 11........
as i can see you are all very helpful and i believe i will start a new thread, because i have some other questions regarding this case.....i will do that later, because of my time i like to make dinner for my son &,wife.... where i live right now....but thanks alot in advance
 
Triple Citizen said:
Have you considered seeking (if you qualify) an H-1B visa?
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i'm not qualify for H-1B visa......and sorry i has to answer further here, because i cannot open up a new thread........
as my husband works right now in usa and i'm in my homecountry it's a hard time for us to be separated, but however we has to face it.......after that bad experience on that border when they treated me like a criminal, i even had a bodycheck to see if i have dangerous stuff with me.....it was a nightmare......several officers asked me all the time the same questions, what is my hight, my eye, my haircolour and so on and on, i believe they tried to confuse me, but i always gave to everybody the same answer........i did nothing wrong in usa, i just took care of my husband and worked voluntary in a house for abused kids, where i sorted out the donated stuff.....
(normally they should be thanksful if people do that from outside, because i did not met that much americans who worked there volunteer........
i'm not willing to go back that soon, so we decided that i stay in my homecountry until the end of the year.....i'm working here and time will go by......my question is right now, what do you believe if i'm planning to go back in december and hopefully i will get a couple month of stay.....than my husband will apply in jan.11 for his citizen, do you think i could get an extension or has i to leave again? thanks in advance for your answer
 
If you next attempt a visit in Dec 2010, that will be 15 months after you were refused entry. It is worth a shot. No guarantees however. How long the I-94 is valid for will depend on the admitting officer. Given you past record, I would advise strongly against any extension.

mrshamilton said:
my question is right now, what do you believe if i'm planning to go back in december and hopefully i will get a couple month of stay.....than my husband will apply in jan.11 for his citizen, do you think i could get an extension or has i to leave again?
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Triple Citizen said:
If you next attempt a visit in Dec 2010, that will be 15 months after you were refused entry. It is worth a shot. No guarantees however. How long the I-94 is valid for will depend on the admitting officer. Given you past record, I would advise strongly against any extension.
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thanks for your answer, but you believe i has to go again in my homecountry maybe for another couple of months!!!! than i will start to pray that i get a nice officer who will give me 6 months and hopefully in the meantime my husband get his citizen, can i make an AOS if i'm already in usa on that time when he became a citizen......and what will happen if i do not leave usa until he is a citizen??? because i'm really fad up to be apart years from my husband and on the other hand i has to quit my job here again.....the whole situation is really bad......
 
so you believe i has to go again back maybe for another couple of months!!!! than i will start to pray that i will get a nice officer, which will give me 6 months and hopefully my husband becomes in the meantime a citizen.......i do not want to leave him again, i'm really fad up with this separations.........what could happen if i decide not to leave usa until he became a citizen??? thank's
 
Triple Citizen said:
Yes you can. However, in my opinion, taking into account what happened with you, I would advise you to pursue your GC via the consular route.
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thank you triple citizen for your opinion, but i believe we will do every further steps anyway with the help of a lawyer......
 
US - canada - US : total stay duration allowed??

I'm a India Citizen...I have a valid US visitors visa and Canada Visitors Visa(both multiple entry)...Now I came to US and stayed there for 3mnths and then went to Canada and stayed there for another 3mnths...now when i again re-enter US...will I be allowed to stay in US for another 6mnths??i.e will i be issued a new I-94 card for another 6mnths??please can anyone answer my question??
 
No one can give you an accurate answer here- the only person who can accurately answer this is the POE officer that you happen to get when you attempt to enter.
You have followed the 'general rule of thumb'...(ie spent as much time out of the US than in it). However, what could be a potential red flag is that you didnt return to your home country after your last visit, instead you went to visit another country for 3 months.....so these times added to your proposed 6 month visit to the US totals 1 year of tourism. This is completely alien to US citizens as many Americans only get 10 days vacation a year....so very few would be able to understand just how someone could possibly be able to take a year long vacation.
So of course, you can attempt to re-enter the US, but no one here will be able to tell you whether or not your attempt at entry will be successful.
 
mrshamilton said:
thanks for your answer, but you believe i has to go again in my homecountry maybe for another couple of months!!!! than i will start to pray that i get a nice officer who will give me 6 months and hopefully in the meantime my husband get his citizen, can i make an AOS if i'm already in usa on that time when he became a citizen......and what will happen if i do not leave usa until he is a citizen??? because i'm really fad up to be apart years from my husband and on the other hand i has to quit my job here again.....the whole situation is really bad......
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Your posting indicates you were rightly denied entrance. It is not appropriate to enter the US with the intention of filing AOS from a deliberate overstay. It is forgiven by your husband's citizenship but still against the rules. You also admit to considering overstaying your authorized stay - even before you are granted entrance.
 
Hi. I am new to this thread. I would like to seek suggestions and advice from forumers here about my plan of re-entering the US. Here is the scenario. I was granted a 10 year multiple R B1/B2 visa last December 2008. I went to US in Illinois. I was given 6 month visa at POE in Detroit. I stayed in the US from December 30, 2008 until January 24, 2009. Afterwhich, I went back to my home country. The second time I visited the US, this time to New York was October 11, 2009. I was also given 6 months visa at POE in Anchorage. I stayed in the US until December 6, 2009. Now, I am planning to visit New York again. When do you think would be the best and safest time for me to go back to the US?Thanks for your help.
 
Concerned4us said:
Your posting indicates you were rightly denied entrance. It is not appropriate to enter the US with the intention of filing AOS from a deliberate overstay. It is forgiven by your husband's citizenship but still against the rules. You also admit to considering overstaying your authorized stay - even before you are granted entrance.
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Concerned4us, it's not my intention to do illegal things, if i had planned to stay illegal i had could done that years ago!!!.....but i love my homecountry too much and i have alot of ties here, like grown up sons and a grandchild........ as to be in the usa like in a jail!!!!
i meant it on that way, if i come back to usa, see at dec.10 and i will hopefully get to stay for 6 months, my husband is able to file for his citizen in jan11, in case he get his citizenship before my I94 expire, is it possible for me to change my status or has i do go back to my homecountry and do it from here??
i appreciate your answer......
 
Did you surrender your I-94 when you left for Canada?

birak123 said:
I'm a India Citizen...I have a valid US visitors visa and Canada Visitors Visa(both multiple entry)...Now I came to US and stayed there for 3mnths and then went to Canada and stayed there for another 3mnths...now when i again re-enter US...will I be allowed to stay in US for another 6mnths??i.e will i be issued a new I-94 card for another 6mnths??
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time interval..need help. urgent.

Hi. I am new to this thread. I would like to seek suggestions and advice from forumers here about my plan of re-entering the US. Here is the scenario. I was granted a 10 year multiple R B1/B2 visa last December 2008. I went to US in Illinois. I was given 6 month visa at POE in Detroit. I stayed in the US from December 30, 2008 until January 24, 2009. Afterwhich, I went back to my home country. The second time I visited the US, this time to New York was October 11, 2009. I was also given 6 months visa at POE in Anchorage. I stayed in the US until December 6, 2009. Now, I am planning to visit New York again. When do you think would be the best and safest time for me to go back to the US?Thanks for your help.
 
it depends how long your planned stay will be. As a rule of thumb, stays of 6 months or more in a 12 months sliding window can be suspicious to the IO. So far, your existing stays aren't close to ~6months. Expect to be asked to document why you're visiting again and that you'll return back to your home country (ticket, holding a job or university semester start etc).

halmako said:
I was granted a 10 year multiple R B1/B2 visa last December 2008. I went to US in Illinois. I was given 6 month visa at POE in Detroit. I stayed in the US from December 30, 2008 until January 24, 2009. Afterwhich, I went back to my home country. The second time I visited the US, this time to New York was October 11, 2009. I was also given 6 months visa at POE in Anchorage. I stayed in the US until December 6, 2009. Now, I am planning to visit New York again. When do you think would be the best and safest time for me to go back to the US?Thanks for your help.
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Thanks so much DavidSEA. I was planning to go back to the US sometime in May. I hope it won't cause me any problem.
 
Sorry for the duplicate post. When do you suggest is the best month that I can go back to the US? my last visit was Oct2009-Dec2009? Should I wait for 6 months still or can I go back by spring time?
 
As TripleCitizen in the other thread and myself have already told you, you should be fine this spring but the IO might ask probing questions. Beyond that, no one on this forum can really predict what the IO will decide, should you enter enter in spring or 6 months later.There is no guarantee for you to get admitted even in 6months (just a higher probability), on the other hand, your US travel pattern looks as likely it won't raise red flags. No need to over-analyze your situation... just be prepared to have reasonable and honest answers about the purpose of your upcoming trip.

halmako said:
Sorry for the duplicate post. When do you suggest is the best month that I can go back to the US? my last visit was Oct2009-Dec2009? Should I wait for 6 months still or can I go back by spring time?
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