aminaduwan

hey guys,


I don't want to make this post too long, but just need a little advice. I'm from the UK.
I have a b2 visa, and went to stay with my boyfriend in America for 6 months, to basically see if I liked it and if we would get married etc. 6 months went by really quickly we hadn't yet got married and the time came to leave the country. We decided to travel to Vancouver in Canada to see my relatives and stayed for a month. Am I able to go back into America? As I have heard I may have to actually travel further away to be able to come back into America, and that I am unable to do this through Canada?

Any help would be appreciated, thanks!

Noorah101

I am not sure with an actual B-2 visa. I know that rule applies to travel on the VWP.

That said, I would expect the US POE officer to question in depth about the purpose of this trip and your ties outside the USA since you've already spent 6 months here.

I take it you're not working, so have no job tie to the UK? What about a home or property? I take it you did not overstay the first trip? Will you have proof that you'll be leaving the USA after your 2nd trip?

I see red flags, the POE officer probably will, too.

Rene

az2014

No you cannot. A trip to Canada or Mexico does not reset the i94 date.

Pulaski

Nor to the Bahamas or any island in the Caribbean!

You may be allowed into the US to catch a flight if you have a confirmed booking for a flight within a day or two, but I would avoid that as the system might automatically trigger an overstay against you and your B2.

tom169

Are you sure of this for a B-2? This is the case for the VWP, but I was under the impression a B-2 user can flagpole (if the POE allows re-entry)

az2014

https://help.cbp.gov/app/answers/det...-b1-or-b2-visa

tom169

az2014

Also I've just checked my passport and when I went to Toronto from NYC (I have a B2) and back I did NOT recieve a new stamp in my passport at pre clearance at Pearson.

Rete

Experience is everything.

Thanks for your first hand knowledge.

crg

That link doesn't actually mean the same thing as the provisions in the VWP.

The contiguous territory and adjacent islands provision of VWP/ESTA have nothing to do with the departure to Canada/Mexico provisions of the B-2. The 30 days discussed in that link relate to automatic revalidation of a visa and validity of an existing I-94 for departures solely to Canada/Mexico for less than 30 days as per 22 CFR 41.112. A person can be granted a new period of admission on a B-2 regardless of what country they departed to provided they establish admissibility. There is no requirement to admit for the remainder of the prior admission. With that said, the OP's long trip, and short departure to somewhere she doesn't live could be a cause for concern due to the presumption of immigrant intent.

Travelers should monitor the online I-94 system after every admission to make sure the information is correct. Sometimes the border guard just doesn't stamp.

I'm not sure I like some of the information contained in that link:

"If you visit other countries such as England or Costa Rica, then return to the U.S., your re-entry will be considered to be a new admission, rather than a re-entry from a contiguous country in the course of your initial visit, and the admission inspection may be more strenuous."

There is no basis in the law for this phrase. Any departure of a nonimmigrant is significant in that any prior status is gone like there had never been a prior entry before. It could be a departure to China, or to Tijuana for lunch. It doesn't matter. It's a new application for admission, they may just may be able to reuse the I-94. It helps with frequent crossers/commuters.

Pulaski

Absent a quote of another post, a link, or an explanation of the context, this post is pretty much meaningless gibberish. .... Be thankful that Ian is no longer around or he would have put it more plainly!

crg

I don't have the time to compile the relevant regulations for you right now. Feel free to dig into the law and find something that supports your point. You may actually find the research enlightening. Pretty sure there isn't a section of law regarding "strenuous inspections". The premise is quite ridiculous. "Sir, I see you went back to the UK, prepare for a strenuous inspection!". That should be a clue right there.

Ian bailed out of here after a few incorrect posts, but I actually respected him because he made an effort to learn and had integrity. It's a shame that we don't have more participants like Ian.

MidAtlantic

I think the point Pulaski was making was that your reference in #10 above to "that link" led nowhere so it was impossible to know what you were referencing.

crg

Perhaps. The link was in post #6 & #7 and the only link in the entire thread. I wouldn't think it to be especially impossible to figure out but could see how some people could be confused. I'll try to factor such limitations into future posts.

Steve_

Look if you're from the UK, the fact that you've got a B-2 visa to begin with if you have no criminal history is already a red flag combined with "I'm visiting my boyfriend".

The problem here is non-immigrant intent, she clearly lacks it for obvious reasons and there's a good chance of denial of entry.

There isn't a technical answer to this one, the main thing they're looking for is non-immigrant intent which is subjective. If the purpose of the entry is to get to the airport, they'll likely let her in, on parole for a few days if they have to.

If she's been in the US for 6 months her I-94 has expired so that's all a bit academic.