Re-entry after extension-

[Sunshine1985]

6 months on I94, extended 6 months, out 2 months, want to return...

Confusing situation dealing with ICE, any help is most appreciated-

1) Entered October 16 2007 on 10 year tourist visa with 6 months on I94.

2) Gave birth on April 10, 2008 to a baby boy.

3) Filed extension within the 6 months period before the time ran out- 4/14/08

4) Never heard back- was told 6 month extension is taking 11-12 months to process.

5) Left on Oct 14 2008 as advised by ICE on toll free call requesting info and advice.

6) Want to return on Dec 18 2008 for the remainder of the winter, and leave again in April for 6 months.

Questions- If I have been out of the US for 2 months, will they harass me about re-entry?

Is it OK to re-enter before the extension was approved?

If they reject me, can I choose where I want to go, or they force me back to home country?

Is there anything I can do to make my chances of being admitted easier better- return air tix, bank statements, etc?

More background- I'm a professional athlete with documentation, play basketball on my countries National Team, have a US born baby with passport, my man is American and we don't live in USA or desire to have a green card. We consulted an immgration attorney who said since we usually stay out for 6 months or more, its a waste of money and they'd tear it up.

Thanks in advance for any help!

 

[Triple Citizen]

You say you do not want to live in the US, yes, according to your plan, you will spend 16 out of 18 months in the US???
If you are refused entry, you can either be sent to the place from where your boarded the flight to get to the US, or your country of citizenship.

More background- I'm a professional athlete with documentation, play basketball on my countries National Team, have a US born baby with passport, my man is American and we don't live in USA or desire to have a green card. We consulted an immgration attorney who said since we usually stay out for 6 months or more, its a waste of money and they'd tear it up.

 

[Sunshine1985]

"You say you do not want to live in the US, yes, according to your plan, you will spend 16 out of 18 months in the US???
If you are refused entry, you can either be sent to the place from where your boarded the flight to get to the US, or you country of citizenship."

Sound that bad? Its only because we had the baby there. The timing was off from our usual schedule- I'd have preferred him to come in October, stay the winter as usual, then leave in Spring. Baby wasn't negotiable about his delivery- he just showed up!

We'd file a K1 if we wanted to live there, and have every right to legally do so, its not what the immigration attorney suggested- she said they could take it away when we were out for 6 or more months a year, which is usually how it should be.

I really appreciate your input- does the fact that I have an extension in process affect it at all? Thanks very much.

 

[Triple Citizen]

If you have no plans of living in the US with your significant other, there is no point talking about a K-1 visa. Your only option is to attempt a re-entry and see what happens at the POE. Good luck.

I really appreciate your input- does the fact that I have an extension in process affect it at all? Thanks very much.