Reentering to the US with B2 after a short visit abroad

G

giggy73

New Member
Hello,

I am a current resident here in the US and my son is a US citizen.

I recently got together with my ex-wife (wife now) who has a B2 visa.

My wife with my son left for Korea 15 years ago when I was a student here (divorced) and I eventually became a resident thru H1 visa.

She has been used to travel to the US with my son since then, not to see me but to visit for my son't summer camp in the other part of the US, etc. So she has a history of visiting and staying in the US multiple times for the past 15 years. She never overstayed.

We wanted to get back together and so this time she came to me and has stayed here for about 5 months with my son enrolling and attending now a US public school.

Since she has a stamp for 6 month until March, she decided to briefly visit Korea for about one week and reenter the US.

Will there be a restriction for her to reenter the US because she obviously showed her intention to stay in the US for a prolonged time (5 month this time) after staying in Korea only for one week?

BTW I am trying to apply for a citizenship sometime later this year for her to get a lawful resident.
 
There is a possibility of having a difficult re-entry. Perhaps a refusal of entry too.

giggy73 said:
Will there be a restriction for her to reenter the US because she obviously showed her intention to stay in the US for a prolonged time (5 month this time) after staying in Korea only for one week?
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What to do

Triple Citizen said:
There is a possibility of having a difficult re-entry. Perhaps a refusal of entry too.
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I have my son here going to school now. He needs to be taken care of and he has to be separate from his mom for a long time.
If my wife's reentry is denied, then we will be in a serious situation.

...
 
Triple Citizen said:
A visitor visa is not meant to be used in lieu of proper resident status. She can return to South Korea. Once you naturalise, apply for her GC.
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As far as I know, she's not breaking any law. She spends her own money in the US taking care of my son AND not overstaying as well.
 
I totally agree. However, what I said earlier still stands. CBP does not like to see people using their visit visas to live in the US. Just on suspicion, a visitor can be denied entry by an officer.

giggy73 said:
As far as I know, she's not breaking any law. She spends her own money in the US taking care of my son AND not overstaying as well.
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