Re-entry on B2 visa?

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Old Aug 18th 2007, 7:12 pm
  #1  
Hot Bartender1109
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Default Re-entry on B2 visa?

Hi everyone,

I've recently found myself head over heels in love, but unfortunately
have run into a bit ofa problem. My incredible girlfriend is from
Lima, Peru and has recently returned there after an 8 week stay here
in the states, during which we met. She returned, planning to stay
aprox 2 months and return to spend more time with me here, ultimately
probably marrying and adjusting her status. Well, as some of you may
know, recently Lima was rocked by an 8.0 richter earthquake, and
unfortunately many people have died and been injured, thankfuly she is
not one of them. However, day to day life has become difficult at best
with no electricity, no phone, and most importsntly no running water.
As you can understand she's desperate to get back here, and we miss
each other terribly. She does have a valid 5 year/6 month B2 visa and
this past visit was her first entry on it, EVER.

My question is if she were to return in the next 1-2 weeks (total of
aprox 3-4 weeks in her home country)
should she expect to have problems at her POE? I'm well aware that
she should not mention anything about our relationship, or possibly
marrying. But I'm concerned about her getting in so soon. She has the
ability to bring utility bills with her, copy of lease, etc. and she
will also have a round trip ticket purchased for her so she wil have a
return flight upon entry. I'm also worried about what date I should
buy her return ticket for... 4 months sound reasonable? If she's able
to stay 6 months/year and she stayed 1.5 months on her last visit, is
4 a safe number?

Thank You in Advance,
"Gringo"
 
Old Aug 18th 2007, 10:06 pm
  #2  
J. J. Farrell
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Default Re: Re-entry on B2 visa?

On Aug 18, 8:12 pm, [email protected] wrote:
> Hi everyone,
>
> I've recently found myself head over heels in love, but unfortunately
> have run into a bit ofa problem. My incredible girlfriend is from
> Lima, Peru and has recently returned there after an 8 week stay here
> in the states, during which we met. She returned, planning to stay
> aprox 2 months and return to spend more time with me here, ultimately
> probably marrying and adjusting her status. Well, as some of you may
> know, recently Lima was rocked by an 8.0 richter earthquake, and
> unfortunately many people have died and been injured, thankfuly she is
> not one of them. However, day to day life has become difficult at best
> with no electricity, no phone, and most importsntly no running water.
> As you can understand she's desperate to get back here, and we miss
> each other terribly. She does have a valid 5 year/6 month B2 visa and
> this past visit was her first entry on it, EVER.
>
> My question is if she were to return in the next 1-2 weeks (total of
> aprox 3-4 weeks in her home country)
> should she expect to have problems at her POE? I'm well aware that
> she should not mention anything about our relationship, or possibly
> marrying. But I'm concerned about her getting in so soon. She has the
> ability to bring utility bills with her, copy of lease, etc. and she
> will also have a round trip ticket purchased for her so she wil have a
> return flight upon entry. I'm also worried about what date I should
> buy her return ticket for... 4 months sound reasonable? If she's able
> to stay 6 months/year and she stayed 1.5 months on her last visit, is
> 4 a safe number?

She's not "able to stay 6 months per year", USA visas don't work like
that. Each time she enters the USA on a B-2 visa she can be admitted
for up to 12 months.

There's no saying whether or not she'll be admitted. A general rule
that seems to work for most people is to spend as much time outside
the USA before re-entering as they last spent in the USA. Returning so
quickly after leaving looks like she's attempting to live in the USA,
especially if she came for 1.5 months last time and you're talking
about 4 months this time. As well as strong evidence that she will
leave the USA after her visit, they're likely to want to know just
what she plans to do during the visit, why she's coming back so soon,
and how she plans to support herself during this visit. They'll be
suspicious of intent to remain in the USA, and of intent to work
illegally to support herself.
 
Old Aug 18th 2007, 10:43 pm
  #3  
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Default Re: Re-entry on B2 visa?

Originally Posted by Hot Bartender1109
She returned, planning to stay
aprox 2 months and return to spend more time with me here, ultimately
probably marrying and adjusting her status.
Please note that she should NOT come to the USA with the intent to marry and remain to adjust status. Probably what you meant to say was "ultimately probably marrying and pursing an Immigrant Visa".

She can come to visit, she can even marry you on that visit, but if her intent is to remain permanently in the USA, she must return to Peru for Immigrant Visa processing.

Best Wishes,
Rene
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Old Aug 18th 2007, 11:16 pm
  #4  
Hot Bartender1109
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Default Re: Re-entry on B2 visa?

On Aug 18, 6:06 pm, "J. J. Farrell" <[email protected]> wrote:
> On Aug 18, 8:12 pm, [email protected] wrote:
>
>
>
>
>
> > Hi everyone,
>
> > I've recently found myself head over heels in love, but unfortunately
> > have run into a bit ofa problem. My incredible girlfriend is from
> > Lima, Peru and has recently returned there after an 8 week stay here
> > in the states, during which we met. She returned, planning to stay
> > aprox 2 months and return to spend more time with me here, ultimately
> > probably marrying and adjusting her status. Well, as some of you may
> > know, recently Lima was rocked by an 8.0 richter earthquake, and
> > unfortunately many people have died and been injured, thankfuly she is
> > not one of them. However, day to day life has become difficult at best
> > with no electricity, no phone, and most importsntly no running water.
> > As you can understand she's desperate to get back here, and we miss
> > each other terribly. She does have a valid 5 year/6 month B2 visa and
> > this past visit was her first entry on it, EVER.
>
> > My question is if she were to return in the next 1-2 weeks (total of
> > aprox 3-4 weeks in her home country)
> > should she expect to have problems at her POE? I'm well aware that
> > she should not mention anything about our relationship, or possibly
> > marrying. But I'm concerned about her getting in so soon. She has the
> > ability to bring utility bills with her, copy of lease, etc. and she
> > will also have a round trip ticket purchased for her so she wil have a
> > return flight upon entry. I'm also worried about what date I should
> > buy her return ticket for... 4 months sound reasonable? If she's able
> > to stay 6 months/year and she stayed 1.5 months on her last visit, is
> > 4 a safe number?
>
> She's not "able to stay 6 months per year", USA visas don't work like
> that. Each time she enters the USA on a B-2 visa she can be admitted
> for up to 12 months.
>
> There's no saying whether or not she'll be admitted. A general rule
> that seems to work for most people is to spend as much time outside
> the USA before re-entering as they last spent in the USA. Returning so
> quickly after leaving looks like she's attempting to live in the USA,
> especially if she came for 1.5 months last time and you're talking
> about 4 months this time. As well as strong evidence that she will
> leave the USA after her visit, they're likely to want to know just
> what she plans to do during the visit, why she's coming back so soon,
> and how she plans to support herself during this visit. They'll be
> suspicious of intent to remain in the USA, and of intent to work
> illegally to support herself.- Hide quoted text -
>
> - Show quoted text -

I figured she may run into a bit of suspiscion, but I thought the
above mentioned docs would help to alleave that (utility bill,lease,
return ticket....etc.) In all honesty if it were not for the
earthquake she would be soending a bit more time there. She will also
be entering into the country with a decent ammount of money (about
$5000) to help quell the fears of her working illegaly. Truth be
known, we'l probably end up hiring a lawyer to help with an AOS for
her, but of course I'm aware that this could raise a "red flag" of pre-
concieved intent, hence the lawyer. My biggest concern is that she's
safe, away from the earthquake zone. I would hope that an Entry
Officer would understand that given the choice to stay while a city/
country atempts to rebuild itself after such a horrible disaster, or
to go on vacation in the interim, one would be more inclined to do
the later given the means and/or opportunity.
 
Old Aug 19th 2007, 12:49 am
  #5  
Hot Bartender1109
Guest
 
Posts: n/a
Default Re: Re-entry on B2 visa?

On Aug 18, 6:43 pm, Noorah101 <[email protected]>
wrote:
> > Hi everyone,
>
> > I've recently found myself head over heels in love, but unfortunately
> > have run into a bit ofa problem. My incredible girlfriend is from
> > Lima, Peru and has recently returned there after an 8 week stay here
> > in the states, during which we met. She returned, planning to stay
> > aprox 2 months and return to spend more time with me here, ultimately
> > probably marrying and adjusting her status. Well, as some of you may
> > know, recently Lima was rocked by an 8.0 richter earthquake, and
> > unfortunately many people have died and been injured, thankfuly she is
> > not one of them. However, day to day life has become difficult at best
> > with no electricity, no phone, and most importsntly no running water.
> > As you can understand she's desperate to get back here, and we miss
> > each other terribly. She does have a valid 5 year/6 month B2 visa and
> > this past visit was her first entry on it, EVER.
>
> > My question is if she were to return in the next 1-2 weeks (total of
> > aprox 3-4 weeks in her home country)
> > should she expect to have problems at her POE? I'm well aware that
> > she should not mention anything about our relationship, or possibly
> > marrying. But I'm concerned about her getting in so soon. She has the
> > ability to bring utility bills with her, copy of lease, etc. and she
> > will also have a round trip ticket purchased for her so she wil have a
> > return flight upon entry. I'm also worried about what date I should
> > buy her return ticket for... 4 months sound reasonable? If she's able
> > to stay 6 months/year and she stayed 1.5 months on her last visit, is
> > 4 a safe number?
>
> > Thank You in Advance,
> > "Gringo"
>
> Please note that she should NOT come to the USA with the intent to marry
> and remain to adjust status. Probably what you meant to say was
> "ultimately probably marrying and pursing an Immigrant Visa".
>
> She can come to visit, she can even marry you on that visit, but if her
> intent is to remain permanently in the USA, she must return to Peru for
> Immigrant Visa processing.
>
> Best Wishes,
> Rene
>
> --
> Posted viahttp://britishexpats.com- Hide quoted text -
>
> - Show quoted text -

so, essentialy there is no way to have her here permanently without
going through K1 process first? I was under the impression that one
could adjust status of a B2 visa so long as the marriage was not
"planned". I mean, there's got to be some sort of "loophole." right?
 
Old Aug 19th 2007, 1:11 am
  #6  
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Default Re: Re-entry on B2 visa?

Originally Posted by Hot Bartender1109
Truth be
known, we'l probably end up hiring a lawyer to help with an AOS for
her, but of course I'm aware that this could raise a "red flag" of pre-
concieved intent, hence the lawyer.
If I were you, I'd refrain from continuing to mention this on a public forum, it just proves the intent is there! It doesn't just "raise a red flag", it spells it out in bold letters. What you are proposing to do is not in line with immigration law.

Rene
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Old Aug 19th 2007, 1:15 am
  #7  
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Default Re: Re-entry on B2 visa?

Originally Posted by Hot Bartender1109
so, essentialy there is no way to have her here permanently without
going through K1 process first? I was under the impression that one
could adjust status of a B2 visa so long as the marriage was not
"planned". I mean, there's got to be some sort of "loophole." right?
If you are planning to marry and have her stay here permanently, you need to do the K-1 visa. The only "loophole" is if you aren't planning to marry. But you've already said you ARE planning to marry and do her AOS here....so that idea is out the window.

Rene
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Old Aug 19th 2007, 1:43 pm
  #8  
Hot Bartender1109
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Default Re: Re-entry on B2 visa?

On Aug 18, 9:15 pm, Noorah101 <[email protected]>
wrote:
> > On Aug 18, 6:43 pm, Noorah101 <[email protected]>
> > wrote:
> > > > Hi everyone,
>
> > > > I've recently found myself head over heels in love, but
> > > > unfortunately
> > > > have run into a bit ofa problem. My incredible girlfriend is from
> > > > Lima, Peru and has recently returned there after an 8 week stay
> > > > here
> > > > in the states, during which we met. She returned, planning to stay
> > > > aprox 2 months and return to spend more time with me here,
> > > > ultimately
> > > > probably marrying and adjusting her status. Well, as some of you
> > > > may
> > > > know, recently Lima was rocked by an 8.0 richter earthquake, and
> > > > unfortunately many people have died and been injured, thankfuly
> > > > she is
> > > > not one of them. However, day to day life has become difficult at
> > > > best
> > > > with no electricity, no phone, and most importsntly no running
> > > > water.
> > > > As you can understand she's desperate to get back here, and we
> > > > miss
> > > > each other terribly. She does have a valid 5 year/6 month B2 visa
> > > > and
> > > > this past visit was her first entry on it, EVER.
>
> > > > My question is if she were to return in the next 1-2 weeks (total
> > > > of
> > > > aprox 3-4 weeks in her home country)
> > > > should she expect to have problems at her POE? I'm well aware that
> > > > she should not mention anything about our relationship, or
> > > > possibly
> > > > marrying. But I'm concerned about her getting in so soon. She has
> > > > the
> > > > ability to bring utility bills with her, copy of lease, etc. and
> > > > she
> > > > will also have a round trip ticket purchased for her so she wil
> > > > have a
> > > > return flight upon entry. I'm also worried about what date I
> > > > should
> > > > buy her return ticket for... 4 months sound reasonable? If she's
> > > > able
> > > > to stay 6 months/year and she stayed 1.5 months on her last visit,
> > > > is
> > > > 4 a safe number?
>
> > > > Thank You in Advance,
> > > > "Gringo"
>
> > > Please note that she should NOT come to the USA with the intent to
> > > marry
> > > and remain to adjust status. Probably what you meant to say was
> > > "ultimately probably marrying and pursing an Immigrant Visa".
>
> > > She can come to visit, she can even marry you on that visit, but if
> > > her
> > > intent is to remain permanently in the USA, she must return to Peru
> > > for
> > > Immigrant Visa processing.
>
> > > Best Wishes,
> > > Rene
>
> > > --
> > > Posted viahttp://britishexpats.com-Hide quoted text -
>
> > > - Show quoted text -
>
> > so, essentialy there is no way to have her here permanently without
> > going through K1 process first? I was under the impression that one
> > could adjust status of a B2 visa so long as the marriage was not
> > "planned". I mean, there's got to be some sort of "loophole." right?
>
> If you are planning to marry and have her stay here permanently, you
> need to do the K-1 visa. The only "loophole" is if you aren't planning
> to marry. But you've already said you ARE planning to marry and do her
> AOS here....so that idea is out the window.
>
> Rene
>
> --
> Posted viahttp://britishexpats.com- Hide quoted text -
>
> - Show quoted text -


i understand, thanks for your help rene, time tobe patient and go
through the proper channels. I sure do enjoy jumping through hoops....
 
Old Aug 19th 2007, 2:56 pm
  #9  
 
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Default Re: Re-entry on B2 visa?

[QUOTE=Hot Bartender1109
"so, essentialy there is no way to have her here permanently without
going through K1 process first? I was under the impression that one
could adjust status of a B2 visa so long as the marriage was not
"planned". I mean, there's got to be some sort of "loophole." right?" /QUOTE]

This is what the US gov't has to say on the topic in layman's language:
http://www.uscis.gov/files/article/A2.pdf
What if my fiancé(e) uses a different kind of visa, or enters as a visitor without visa, to come here so we can get married?

There could be serious consequences. Attempting to get a visa or enter the U.S. by saying one thing when you intend another may be considered immigration fraud, for which there are severe penalties. Those penalties include restricting a person’s ability to get immigration benefits, including permanent residence, as well as a possible fine of up to $10,000 and imprisonment of up to five years.

It is not appropriate for your fiancé(e) to enter the U.S. as a visitor with the intent to marry you and remain to try to become a permanent resident. It is appropriate, however, to enter as a visitor to have the wedding in the U.S. and then return to a foreign residence for further processing for U.S. immigration as a spouse.
You should come prepared with proof of your clear intentions in this regard.
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