Visitor B1/B2 Visa – How Long Should She Stay in the U.S.?

Question From:

Edward M. in Colorado - Girlfriend in Indonesia

Those who frequently travel to the U.S. often feel confident that they will be able to continue visiting the U.S. without a problem. This can be true for business travelers. The U.S. wants to encourage business. For those on vacation, a border agent may take a different view. Statistically, the more time a foreigner spends in the U.S. increases the likelihood the foreigner may want to immigrate. The suspicion is that the traveler may have a boyfriend or girlfriend and may be thinking about marriage and immigration. Here is an example of a client who obtained a B visitor visa. Her boyfriend wants to know how long she should stay in the U.S. Permission has been given to publish. The names are withheld to protect identity.

Hi, Allan.
I hope this message finds you well. . . .
I forgot to ask – she received a 1-year visa, and neither of us are sure how long she can stay on her first visit (or any single visit) and/or if there is an advisable length of stay. Should we limit it to 45 days or 75 days even if there is technically no limit, or does it not really matter? I think we’d like to do maybe 75 days if that doesn’t pose any real risk of her getting denied at the border. Her application said 2 months, so this isn’t really that far off. Any thoughts on this?
Once we get [his girlfriend] to the states and get settled, I will recontact you about the K1/K3 to be processed through Jakarta. Thanks again.

Answer:

Edward,

My guess is that she has a 1 year multiple entry visitor visa. Trying to have her stay for 75 days should not be a problem.

When she arrives at a U.S. port of entry, a border agent can give her up to 6 months (or even a year) to visit. Often, an agent will allow 6 months. However, a border agent has independent jurisdiction to allow entry or not. I think if she has a good reasons to enter the U.S. that are separate from her desire to see you, she should tend to refer to those other reasons at the border.

She should always tell the truth. At the same time, she should not want to raise red flags and cause further inquiry by drawing attention to your relationship. If asked point blank about your relationship, she should be forthright, open and honest. As long as her entry seems uneventful, then the officer will consider how long she can stay. If she has multiple friends and family to see and has a return ticket for 75 days, then she may be given that or even possibly 6 months. She should not avoid talking about you if asked.

Once inside the U.S. it is possible to apply to extend her stay. We can discuss once she arrives in the U.S. If she plans to reenter the U.S. more than one time on a visitor visa, then it would be a mistake to maximize her stay on the first trip. A reentry after she has already been her a long time will raise a question in the mind of a border agent about her motives. Someone who wants to be in the U.S. for extended stays is likely to have a romantic interest and she will be questioned about it. If she wants to visit only one time, then we can have her apply to extend her stay, knowing she is not coming back again as a visitor. I hope this helps.

Kind regards
Allan

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108 Responses to “Visitor B1/B2 Visa – How Long Should She Stay in the U.S.?”

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  1. Lorraine M. says:

    Hello Allan, If I entered on a visitor visa and my stay has expired would it be possible to apply for Adjustment of Status? My stay expired one week ago. Looking forward to hearing from you.

    Lorraine Murguia

    • Allan S. Lolly says:

      Lorraine, Are you married to a U.S. citizen? If yes, then it can be possible to put you back into status as a permanent resident green card holder based on marriage. It will help to verify your manner of entry. I will want to know what questions were asked at the port of entry to the U.S. and your answers. It’s important to confirm your answers were open and honest. Although you are now unlawfully present in the U.S., it seems you have not yet triggered any serious penalties. It certainly is a good idea to discuss with me or another experienced immigration attorney to confirm an immigration plan right away. Kind regards, Allan Lolly

  2. mallihara says:

    hi Allan! i am on b1 visa and i spent about 5.5 months in united states for giving an exam and shadowing at a clinic. now i have to go back again for giving another exam in 2 months. Is there any rule like that one can stay in u.s for 180 days per year?

    • Allan S. Lolly says:

      Malihara, Greetings. What you are referring to is the idea that a visitor should not remain in the U.S. for more than 180 days per year. This is not so much a rule. It is simply a concern of a border agent if you try to enter the U.S. as a visitor after already being in the U.S. for many months. A non-resident (non-immigrant) visitor should spend most of the time outside the U.S. A resident (immigrant, not visitor) should spend most of the time inside the U.S. Due to the difference between being a non-immigrant and an immigrant, people come up with rules of thumb that are not really rules at all, but just guidelines.

      In your case, it seems you have a very good reason to return to the U.S. to give exams. What is important is the you must have convincing evidence that your stay in the U.S. is only temporary and that your residence remains outside the U.S. in your home country. Given the amount of time you’ve been in the U.S. already, a border agent may or may not give you a difficult time. If you believe you have very good evidence to show you reside abroad, but are only in the U.S. for a particular purpose, then you should ask to speak with an immigration supervisor if the U.S. border agent blocks your entry. If you are turned away, it can be very difficult to come to the U.S. in the future. For this reason, you should try to minimize your time in the U.S. to help increase your chances of returning in the future. I hope this helps. Kind regards, Allan

  3. Max D'costa says:

    Hi Allan, hope you are doing well.

    My boss is on a B1 visa, has the permit to stay in US until Jan 2013. Her question is , how soon can she come back to the USA after she returns to her country?
    By the way, she is the founder and President of a non-profit company based in NY since March 2011 and previously has traveled to USA on the visa waiver program, never overstayed her visit.
    please advice,
    thanks,
    Max D’costa

    • Allan S. Lolly says:

      Max, Greetings. There is no fixed timeline. There are only general guidelines. Your boss can travel to the U.S. on a B1 business visa anytime so long as he maintains primary residence outside the U.S. Here’s the problem. The more time he spends in the U.S. the less it looks as if he does not reside primarily abroad. Also, the type of business can make a difference. The more business and wealth he is bringing into the U.S. economy, the more likelihood it is that a border agent will allow entry.

      A good rule of thumb is not to stay in the U.S. for the maximum time allowed and also remain outside the U.S. more than half the time. Finally, be prepared to show how entry will help the U.S. economy. I hope this helps. Kind regards, Allan

  4. Terry says:

    Hi Alan,
    My boyfriend has visited the US with a 90 tourist visa but was only here for a short holiday. He plans on returning for another short holiday within the next 3 months, and then would like to come for a full 90 days within the next year. Is there a limit on how many times you can renew a travel visa or a limit on how many times you can visit the us for vacations within a year? Hope this is clear.
    Thank you for your time.
    Terry

    • Allan S. Lolly says:

      Terry, Yes, I understand. It seems as if he enters the U.S. under the 90 day visa waiver program by completing an ESTA form online. Is this correct? A B visitor visa is typically for up to 6 months. Both the visa waiver and B visitor visa entries have the same basic rules. The foreigner must generally depart the U.S. by the time his stay as a visitor has come to an end. Reentry should not be a problem so long as it is clear the foreigner is visiting only and has no interest in residing in the U.S. or immigrating to the U.S. The problem comes when trying to enter the U.S. A border agent will look at the history of travel and make a judgment call whether is appears the foreigner is abusing visiting privileges. If on the whole, it seems the foreigner is spending more than 1/2 the time in the U.S. annually, then is can seem that the foreign resides in the U.S. and is not just visiting. Also, when the foreigner maximizes the stay on each trip, then a return to the U.S. in a short time gives the impression the foreigner is trying to stay beyond the time allowed to visit by departing and returning quickly. A good rule of thumb is to be in the U.S. less than 1/2 of the year on a rolling basis and also to not maximize the stay on any particular trip. Leave the U.S. a bit early and then stay away for several months. Also, it will help if your boyfriend has a job at home and other such commitments to show he has good reason to depart the U.S. with no interest in remaining beyond his welcome. If you want him to be in the U.S. then you should consider immigrating him based on your relationship. I hope this helps. Kind regards, Allan

  5. vanjie says:

    Hello Allan, My friend came here as H2b visa and she got pregnant and change her visa to b2 twice so she can stay legally while shes pregnant, now for the third time she apply for b2 again but the case is now 3 months pending, so the question is how long she can stay and wait for the pending case? she’s already over stay 3months.

    • Allan S. Lolly says:

      Vanjie, A foreigner must generally depart the U.S. by the expiration date of the I-94 card that was stapled in her passport upon entry to the U.S. In most cases, it is possible to apply to change status to another such as a B2 status, provided the application is marked received by the USCIS before her current status expires. As long as she always files a valid request to extend or change status while she remains in valid status, then she can continue to remain lawfully present in the U.S. until a decision whether to approve or reject is made by the USCIS.

      Often, it is not a good idea to apply to extend or change status while in the U.S. because the next time she tries to enter the U.S. on a visa, her entry will likely be blocked. Although the USCIS might grant an extension, this does not mean that a border agent or even a consulate officer will agree with that decision. Each immigration agency makes it’s own determination. The border agent will give a date of departure on the I-94 card and will want the foreigner to abide by that date and not try and extend. I hope this helps. Kind regards, Allan

  6. saba says:

    hi allan,
    my boy frnd has recently got his usa citizenship a month back,i have got a b1 visa for three months for giving my exam ,can i marry him and file for adjustmnet status and stay back in usa?
    we have our relation since 1 year ,ia m an indian and if he applies for my visa as dependent its gonna take long time so can we go this way?plz help
    thank u

    • Allan S. Lolly says:

      Saba, Yes, this is possible to do. However, it is a misrepresentation which can result in a bar from the U.S. You must state your purpose of travel to an immigration border agent when you arrive in the U.S. If you say you are marrying your boyfriend, then your entry will likely be blocked. If asked and you deny any plans, you can be accused of misrepresentation if caught. It is popular for immigration officers to go through emails, Facebook postings, and so forth right at the airport, searching for misstatements regarding your intentions. Also, if you arrive in the U.S. as a visitor and marry, it is common for immigration officers at green card interviews to research online for evidence of misrepresentation. Can you please have your fiance call me to discuss options if you have an interest in working with me on your immigration filings? My number is (888) 483-0311. I hope to hear from you. Kind regards, Allan

  7. Sharath says:

    Hi Mr Lolly,

    I am an Indian citizen with a multiple entry B1/B2 Visa for 10 years. I plan to stay in the US for 3 months to give an exam and shadow at two clinics. I plan to go home and return to the States after 3 – 4 months to give another exam and hopefully attend residency interviews. I do not plan on staying for more than 3 months during the second visit. Can you foresee any problems with my plan?

    • Allan S. Lolly says:

      Sharath, Yes, this seems doable. When traveling, please bring documentation to show your plans while in the U.S. and also any compelling evidence you will depart the U.S. at the end of your visit. Kind regards, Allan

  8. Chad says:

    Hello Alan,

    I will be deploying to Afghanistan later this year, and my mother in law (Korean citizen) will be coming to the states to help my wife take care of our baby during the deployment. The deployment is 9 months. Is there any way for her to ensure that she can stay for the duration of the deployment? We understand that the usual maximum stay is 6 months. Thanks!

    • Allan S. Lolly says:

      Chad, Greetings. Normally, Koreans can enter the U.S. visa free for up to 90 days. Does she have a B visitor visa? If she is coming to care for her daughter, there is a reasonable chance she may be denied the B visa because this can be taking a job away from a U.S. resident who can be an aide. If her purpose is to give emotional support while you are deployed, this can be good grounds to try and obtain a B visitor visa. The consulate will wonder why she needs to stay so long and cannot simply use the visa waiver program. I think it may be worth applying for the B visa. If you want assistance, please email me at allan@asl-lawfirm.com. My rates are reasonable.

      She will be told at the airport upon arrival how long she may remain in the U.S. A border agent can grant up to 1 year on the B visa. If granted less time (6 months is common), then it can be possible for her to apply to extend her welcome while she is in the U.S. A problem is that any future attempts to use the B visa can be met with resistance by a U.S. border agent. While an extension may be granted (or not) by the USCIS immigration agency stateside, a border agent may not agree with the USCIS. Border agents indicate how long she should remain in the U.S. and they tend to want the foreigner to abide by that decision even if an application for extension through the USCIS is lawful. I hope you understand. Not everything in immigration is intuitive. Many things are policy oriented and not intuitive. Kind regards, Allan

  9. jia says:

    Hi Allan

    My family friend, an aunt (in 50s) living in India has a B1/B2 visa with 10 year multiple entry. I have H1 visa. My query is, how long can she stay in US in one visit? Can she stay for 6 months? When I go to India what kind of paper work would I need to make sure her US travel and stay is smooth? I am a single parent and I just want someone elderly and familiar person to be around here with me and kids. She is a widow and she is happy to help. Some relative of hers got her the visa many years back and she traveled on it few years ago.

    I have a some more queries, is there an email id where I could reach you? Please let me know your fees for counseling via emails. Thank you so much in advance!!

    • Allan S. Lolly says:

      Jia, Thank you for the offer to compensate. It’s very much appreciated. The question here is whether your aunt wants to have ongoing access to the U.S., or if she simply wants to come one or two times. The more time she spends in the U.S., the greater is the risk that she may overstay her welcome and want to immigrate to the U.S. rather than just visit. Also, there is the risk she may be working and not just vacationing. You have to be careful not to give the impression you are having her work and taking away a job watching your kids that could be performed by a U.S. resident. There really should not be a problem with her helping. It’s just that it may not help so much for her to report to a U.S. border agent that this is her purpose in coming to the U.S.

      A single phone conversation may help to sort out issues. A paid consultation is appropriate where I am not being retained to work on projects and you simply want information and to discuss. I charge $60 for the first 15 minutes and then $3 each minute after that time. Please call if you like at (888) 483-0311 and I will be glad to discuss. Kind regards, Allan

  10. Jenny Chen says:

    Hi Allan, my dad is coming to Los Angeles to visit me on a traveler’s visa. I was wondering if he could enter and leave through different ports? (ie. arrive at Seattle from overseas and fly back departing from Los Angeles). Any help would be greatly appreciated! Thank you.

    Best,
    Jenny Chen

  11. Anshuman says:

    Hi Allan,
    My Mom has a B2 M visa. She was here last year between Jun and Dec. No she wants to come back and visit us again for 6 months in Apr end. Will there be any problems for her at the point of entry? Last year we were staying in Mid West and now we are in East Coast!
    Thanks!
    Anshuman

    • Anshuman, Yes, this can be a problem. Border agents often allow foreigners the ability to visit the U.S. for up to 6 months. It is best not to maximize the stay and use up the whole 6 months. Otherwise, the ability to reenter the U.S. in the near future is questionable. There are two basic concerns regarding long stays: The foreigner has a fiance or the foreigner is working in the U.S. In your mom’s case, the purpose is apparently to see you, but she might also be thinking about moving to the U.S. She likely is not staying in hotels and spending money. There is no advantage to our tourist industry if she is staying in your home and there is a risk she might want to relocate to the U.S. and not just visit. If she is wealthy and can take the family on trips while she is visiting, this can help. She may have a friendly immigration border agent who will allow her to pass through. If she likes visiting the U.S. for long stays and if you have your U.S. citizenship, you might consider obtaining a green card for her at some point so she can travel to the U.S. more freely. In the meantime, consider pulling back on the time she is in the U.S. 3 months at a time is better than the maximum 6 months. Allan

  12. Nori says:

    Me and my wife has b1-b2 visas !
    My wife got a baby on our last trip to usa , we got him us passeport !
    Now we are thinking of tourist trip back to the states ! We dont want to live in the states at all ! We are happy in our country !
    We are littel nervouse about going with american kid and we only carry b1 b 2 visas!
    Is there any thk u can advice us about this case please ?
    Best regards

    • Nori, The most important point is to be open and honest when speaking with an immigration officer. Bringing the baby with you on your travels may draw attention to the fact that your wife gave birth while visiting the U.S. Generally, U.S. border agents do not like this because it allowed the child to become a U.S. citizen. One choice would be to visit the U.S. without the child so as to minimize attention to what happened. If the child is not with you, there may not be any questions concerning the birth of the child. It simply may not come up in your discussions with a border agent when entering the U.S. If you bring the child, simply be prepared to discuss openly and see what the border agent is willing to do. Each time you cross the border to the U.S., your ability to enter will depend on how the border agent feels about the situation. Kind regards, Allan

  13. sheena says:

    Hi I have a b1/b2 visa and while on my visit I found out I was pregnant filed for a extension of stay n got it after having the child I left the country how long should I stay in my country before travelling to the USA and will the immigration give me trouble to enter the USA

    • Allan S. Lolly says:

      Sheena, There is no magic number of days. Longer is better. The idea is that you must spend a majority of time outside the U.S. so that you truly are a visitor and not an intending immigrant. There are two things you mention that will upset a Customs and Border Patrol agent. The first is that you had a baby in the U.S. and so now your baby is a U.S. citizen. A citizen is not a visitor. Secondly, you filed for an extension of stay so that you could have the baby in the U.S. The CBP officer indicated how long you could remain in the U.S. and you stayed longer, which is not what the CBP officer directed. The USCIS granted your extension, but not the CBP. The next time you try to enter the U.S. a CBP officer may not trust you and might block your entry to the U.S., then cancel your B visa. You never know what will happen, so at some point you should simply try visiting again and see if you run across a friendly CBP officer. Allan

  14. nardeep kaur says:

    hi this is nardeep my qus is i have B1 B2 visa usa and my sister green card holder she need my help in state for 6month so i can stay in state for 6month and i have tow kids they are candian citizen so they can stay with me

    • Allan S. Lolly says:

      Nardeep, When you arrive in the U.S. on a B visitor visa, the Customs and Border Protection agent will let you know how long you are welcome to remain in the U.S. It is possible to receive permission for up to one year, or perhaps even only a few days. However, it is customary for a CBP officer to grant you six months inside the U.S. on a B1/B2 visitor visa. Be prepared to explain the problem with your sister and also show good evidence that you plan to depart the U.S. on time, such as a letter from your employer with a due date to return to work. I hope this helps. Kind regards, Allan

  15. Shashi says:

    HI,

    i Have B1/B2 visa & I visited US on 5 Oct 2012 and came back on 1 feb 2013 for attending a training session. Now again i have to go back to attend a training session at our other office location for around 3-4 months. Will there be any problem in the same

    • Allan S. Lolly says:

      Shashi, Possibly there can be a problem. I don’t know for how long you were in the U.S. when you came here. Generally, if you spend a majority of your time outside the U.S. and also if you have a good reason to come to the U.S. then you should be o.k. Training with a company is a good reason for coming to the U.S. Bring plenty of evidence showing where you will be staying and what you will be doing in the U.S. together with some evidence to show you still have your job back home. Best wishes, Allan

  16. Aladin says:

    HI !
    I have a visa for multiple entry i work in spain and i have permanent resident here and the next month i m to visit my girl friend who lives in usa , my question its in the embassy i said im going to see my girl friend ,now in the border i can have a problem if i said im going to visit my girl friend ? just i want to know that and thank u so much , aladin ,

    • Aladin, Yes, this is true. Each agency makes its own decision. A consulate can issue a B visitor visa, which can be cancelled by border patrol during inspection upon arrival in the U.S. If there is a reasonable risk of overstay as a visitor, the immigration border agent can cancel the B visitor visa. Having a girlfriend in the U.S. creates an inherent risk of overstay. You are obligated to tell the truth and so denying you have a U.S. resident girlfriend is not advisable. Instead, you can bring plenty of proof that you have strong ties in Spain and that you have no intention to remain in the U.S. Also, it’s a big help if you show you will spend money on our U.S. tourism. Staying at a girlfriend’s house does not help support tourism, so there is little incentive to allow you to visit if you are not spending money. Allan

  17. Mohamed says:

    Hi Alan,
    I am an Egyptian final year medical student and I have multiple entries b1/b2 visa. My intention is to go to the US for 2-3 months of medical electives. If I left after that and came back after one month for another medical training but this time for 6 months will it be okay or not? Of course I will have all the proving documents of the trainings but I am asking about the probability of being approved by the Immigration Officer for the second time. Thank you for time Alan and sorry for bothering you.
    Best Regards

    • Mohamed, It seems you should be o.k. because you would show your residence is in Egypt and you are coming to the U.S. for a specific purpose. You do not overstay your welcome. Round trip tickets are important. It is also important that you spend money on our US economy. If you are paying for the electives and training, this greatly helps. The key is to make it understood your stay in the U.S. is only temporary and that you bring some benefit to the US. I hope that makes sense. Kind regards, Allan

  18. Mohan says:

    Hi Allan,

    I have a B1/B2 visa valid for 10 years. My previous trip to US was on 5th May 2013(For attending training) and I received I-94 form valid for 6 months ( 4th Nov 2013). I returned back to India on 27th August 2013 after staying for 12 weeks. Now my company wants me to visit again US for 6 weeks for different training on 27th of October. Will there be any problem if came back just after 3 months ?

    Thanks,
    Mohan

    • Mohan, Yes, there can be a problem, but it seems your chances of being allowed entry are good. You are working for a company back home and are coming to the US for specific training. The most recent time you entered, you did not maximize your stay, so you can be trusted that your purpose really is business related and not just to stay as long as you can stay. I would take the risk and try to come for more training. Good luck, Allan

  19. kkkk says:

    Hi,

    I have B1 visa. I had come on a training to US and stayed for 96 days . I went back for 2 months to my home country and came back again. This time also my stay would be for 96 days. Will there be a problem while exiting US because I spent more than 180 days in the same year ? Will I have a problem if I come back to US the next year ?

    • There is not a problem staying in the U.S. for more than 180 days total if on the second entry the border agent grants you permission to remain in the U.S. for that long. You can be allowed into the U.S. again as a visitor so long as you are clearly a temporary visitor without the desire or intent to reside in the U.S. In your situation, you should consider remaining outside the U.S. for at least 4 or 5 or maybe even 6 or so months after your second departure to show you spend a great deal of time in your home country. The more time you spend outside the U.S. increases your chance of reentry. Kind regards, Allan

  20. michael says:

    Hi Allan,

    I have B1/B2 visa. I just recently entered here in US. I’m here for about a week now. I told the officer that I’ll stay for 2 weeks. But I’m thinking of staying for more week/s. The problem is my passport has a stomped a date of entry but none a date of how long can i stay here. Its usually written right? But the officer doesn’t write anything. My question is how long can i stay here?

    • Michael, The length of time you can remain in the U.S. depends on your nationality and the passport used to enter. Also, it sounds as if you may have used the new electronic I-94. You can go to this site to find out your departure date: https://i94.cbp.dhs.gov/I94/request.html

      If you need more you are welcome to contact me by email. Please use the Contact form and mention we communicated on my blog. Kind regards, Allan

  21. jojo says:

    Hi Allan, I’m a owner of a store in my county but my boyfriend also live in the US…..I have a b1/b2 visa, I got it in March 2013 an I when to the US for the first time in April 17, 2013 I went back to my county in july 28, 2013 I spend 102days (3month)……When I went to the US an the immigration border ask me what’s my propose of coming to the U.S, I told him I’m coming to spend time with my boyfriend an he also ask me how long I’m planning to spend in the US an I told him one month so he stamp 6months on the paper so I change my ticket an spend 3months instead because the immigration give me 6month…Now I’m here in my country an december 2013 coming is going to make 5month now I’m in my county….I wanted to go to the US in december 2013 to do some shopping for my store, this time!…is it to early to go back to the US knowing I already spend 3months in the same year??…..(An a next question) because of the store I’m going to travel often to get things for the store…how often can I travel to the US in one year? An how long can I stay so it won’t because a problem when I go back to the US each time??

    • Jojo, It is difficult to tell whether you will be prevented entry to the U.S. It’s up to the individual border inspector. What I can say is that it’s good that you are coming for business. The government wants to support our fragile economy so the fact that you are coming to spend money in the U.S. is good. Also, you were honest on your most recent travel and openly stated you have a boyfriend in the U.S. I suspect that if you bring evidence of your business dealings and show that you purchase goods in the U.S. for resale at home, you may be allowed entry. Kind regards, Allan

  22. Fe says:

    Hi allan, my boyfriend has a b2 visa, he went here in US in Sept and will be leaving this december 2013, he just stayed for 85 days, upon entering the point of entry, he said that he was just visiting his friend and that friend is me and he never said that I was his girlfriend. The immigration officer asked him three times but he firmly stated that we are just friends. Do you think there will be a problem if he will be coming back and visit me few years from now?

    • Fe, No, it should not be a problem for him to visit you in a few years. It can be a problem if you want to marry and obtain a green card for him based on marriage. The history of your relationship will be examined and what he says to an immigration agent is often noted in the record. If you decide you want to marry at some point, you are welcome to contact me to discuss in more detail. Kind regards, Allan

  23. Michael says:

    Hello Allan, My wife and I Have B1B2 visas together with our two kids all of us the shames visas and I have been traveling to USA for two times now now my wife and my second born son travel to USA for holidays after one week stay in USA she call me and tell me she is pregnant. Now she give birth in USA after giving birth she came back to Ghana immediately because she dont want to over stay the six that the immigration officer give her at the entry but she stay five months one week in USA. Please can she travel to USA again after giving birth in USA or if she have problem with immigration would it affect all of us our visas. Reply

    • Michael, Since she gave birth in the U.S. while traveling, it can happen that an immigration border agent will not like what happened. For this reason an officer might cancel her B visitor visa. Also, she stayed nearly the whole time she was permitted to be in the U.S. If she has been out of the U.S. for 6 months or longer, it can be acceptable to try again. The longer she remains outside the U.S., the better chances she will have to enter successfully as a visitor. I hope this helps. Kind regards, Allan

  24. montell says:

    hello Allan, my name is montell and i am from Nigeria. i have this friend who is a citizenn and we knew each other for over 10 years but have not met one on one since we met online. now i applied for a visit visa to see her and come back home due to my job. but during my stay, we found out we are in love and after 3 months she was pregnant and the family insist that i married her which i did. so what do i do now? cos she needs my moral support during the course of the pregnancy. can we apply for an adjustment of stay cos we never planned it this. and i was asked to marry her which i did. but this incidence was not intentional cos i have a business back in Nigeria. what do we do please? cos she said i cant go cos she need my support and care during the course of the pregnancy

    • Montell, If you have an interest in working with me, can you please call me to discuss risks and benefits? It will be easier to have a phone conversation and then there should be a good chance of keeping you in the U.S. to process you on a green card stateside. I hope to hear from you. Kind regards, Allan

  25. Trisha says:

    Hi Allan,

    Me and my husband are on L1 and L2 visa. My parents are visiting US for 4 months, from Feb – June next year, for the first time ever. I recently found out that I’m pregnant and so chances are that at least my Mom would need to visit me again next year around Aug, to be here for another 6 months. Could this be a problem? Their Feb travel has been booked, the one in Aug is not confirmed yet. Also, we might be returning to our home country upon completion of our current work assignment, in mid 2015, unless our stay gets extended by a couple more years, which we will get to know by mid or end 2014. Would it be a good idea for her to tell the Border inspector when asked, that she is returning to visit us before we move out of here for good?

    Thanks a lot,
    Trisha

    • Trisha, Yes, it’s o.k. to tell the border agent you will depart the U.S. at the end of your stay on the L visa. However, CBP officers generally look and the situation and do not place a great deal of emphasis on what your parents say. The fact is you are having a baby and that your mom will visit for 4 months soon and then will want to come back to the U.S. for 6 months. It would help to know what country she is from and where she will clear inspection. There does not appear to be an advantage to the U.S. government in allowing her to be with you following birth. Also, she may be taking a job away from someone who could be paid to help. I think that if she does not plan to be in the U.S. for the entire 6 months, this can help. I would not discourage her from trying to visit in August or from staying for an extended visit. There are some risks here, so if you can do so, it would help to minimize them. Kind regards, Allan

  26. asif mansoori says:

    hi i had b1-b2 visa of 10 years how long maximum i can stay in each trip..and if my wife get baby born in us is it we have problem in next time for entering in usa and i hope my baby will get usa citizen on birth..

    • Asif, I hope there is enough information on this blog post to decide what to do. There is no good answer, but only good advice that will always carry risks. The more time you spend outside the U.S. the better, so the idea is to minimize your time in the U.S. if you want to keep your visitor visa long term. Kind regards, Allan

    • Asif, I am sorry, but I think there is enough information posted on this blog to answer that question. Allan

  27. Kunal says:

    Hi Allan,

    I visited U.S on business (b1 visa) in June-2013 and told CBP officer that i intend to stay four 4 weeks. However i had come for launch of a major product launch by our client. The launch was delayed and i departed U.S after 8 weeks (total stay in U.S).

    Now it has been 5 months for me at my home country (India) and i have got a h1b visa. I intend to visit U.S in 15 days time.

    Could 8 weeks of travel on previous visit through B1 visa be a problem?

    • Kunal, So long as you did not overstay the time given to you as a visitor on the I-94 card, now completed online prior to departure, then you should be fine. The topic should not come up, but if it does come up you can indicate exactly what happened and this should be acceptable. 8 weeks is not a long time when working on business matters. Kind regards, Allan

  28. Elizabeth says:

    Hi Allan,
    I’m getting married on march, my boyfriend has the H-1B visa and I have the B1/B2 visa, from what I’ve read I’ll need to change it to an H4. I’d like to move to the US immediately after getting married if it’s possible, so can I go there with my current visa after getting married and do the process to change it from there? or do i have to do the change while living in Mexico? How long does the process take? Do I have to make the request personally or can he start the process for me?

    Thanks.

    • The problem for you is that you cannot pretend to be a visitor when in reality you want an H4 status. If you were already in the U.S. visiting and wanted to change to an H4 status, this may be possible. Please contact the employment immigration attorney who helped obtain your fiance’s H1-B. That would be a good starting point. I practice family immigration law. Allan

  29. sri says:

    Hai,

    My inlaws granted b2 visa for 10 yrs in month of july, they cant able to travel because of health issue and work load , my question is will they need to travel within the six months after their visa granted or they can travel any time within the visa expirt date.

    1) is their any rule that they need to travel within certain days ?

    • Sri, There is no need to travel within 6 months. Since they have B2 visas valid for 10 years, they can travel to visit the U.S. anytime within that 10 year period. I hope this helps. Kind regards, Allan

  30. Michael says:

    Hello I have B1b2 visa for five years and I give birth in USA and after giving I returned back to my country immediatly can I visit usa again for vacation and business.

  31. Hikmet says:

    Hi, my GF has B1/B2 visa and she visited me for 6 months in 2013, she left on Sep 23rd, now she wants to come back and visit me again at the end of Jan 2014 for maybe another 5-6 months, money is not issue because I make enough money but as far as I could see, Officers wont believe her, she is professor in he country and she has got flexible work schedule, besides we want to get married in 2014 so what she should do at the POA and that do you recommend? She has got an apartments and she can rent it out and show that as an income, would that be good enough? also how I can help her showing that I will provide her everything and she wont have any money problem in US. I got H1B by the way.. Thanks..

    • Hikmet, It does not help much to show that you will support her while she is here. The government wants her to bring money to the U.S. to support our U.S. economy. I think if she can show she has financial strength and does not need you to support her, then you can add if you like information about where she will stay with you if you like. Having a boyfriend in the U.S. cuts against the notion of a visit and spending money on hotels, but also she must tell the truth if asked, so just have her show plenty of financial strength and a good reason to depart the U.S. at the end of her visit. See if they let her in. Kind regards, Allan

  32. John says:

    Hi Allan,

    I’m American and my wife is Malaysian. We have two kids, both under 2, who are also Americans. I have been living in malaysia, but will be moving back in a few days. My wife will also be joining me on another flight later in the week with our two kids.

    She already has a type B1/B2 visa that’s valid for 10 years which she hasn’t used yet. She went to the states once for a month with me after we got married. The embassy said they would approve the visa but can’t guarantee she will get let in because she’s been there once before.

    My question: what should she tell immigration when she gets here? Will it raise a red flag if she tells them she plans on applying for her green card while she’s in the US? Would it raise any red flag if she tells them that she plans to be here for 7 months? How long does the green card process usually take for the spouse of a citizen?

    It would be horrible if she got turned away after a 27 hour trip with two young kids by herself. My dad is getting married and originally it was just going to be me going to the wedding and then I would get things settled before her and the kids got there. Last minute my dad decided he wanted his grandkids and daughter inlaw there, so he bought their tickets for them.

    Thanks in advance!

    • John, She has a visitor visa only, not an immigrant visa. She must report honestly about her intentions. However, applying for a green card stateside is not a visit only. It’s immigration and it is grounds for denying her entry to the U.S. Even if she is granted entry, what happens at the border check will be open to inspection when she tries to apply for a green card stateside. Any misrepresentation to a border agent can be a misrepresentation and grounds for a permanent bar from the U.S., married or not. I wish you could please call me to discuss by phone or contact me directly through the contact page so I can help sort out a plan that works. Kind regards, Allan

  33. Kumar says:

    Hi Allan,
    I was granted B1 visa on Feb 2006 and is valid till Feb 2016 (multiple entries). I visited a couple of time for business purpose each time not exceeding 3 months.
    Later in 2007 I was also granted H1B visa valid for 3 years. My B1 was not cancelled (doesn’t have the cancelled stamp). I visited US on H1B but had to return after 8 months due to family issues and since then I have not visited US.
    Now (end of Jan 2014) I need to travel to US for business purpose for 2 to 3 months. Please let me know if I can visit US on my B1.

    Thanks,
    Kumar

    • Kumar, It seems your B visitor visa is still valid, so long as you did not violate the terms of your H1-B. You should be able to visit the U.S. now. Kind regards, Allan

  34. Dianna says:

    Hi Allan,

    I have a L1B visa expiring end of Jan this year. My company submitted a petition to get it changed from L1B to L1A and the status is still in process. I am now required to go outside of the US for a work next week for 1 week.

    My question is, will it be safe for me to do this? Will there be a possibility of me being rejected from re-entering the US at the boarder? The company lawyer thinks that it is not a problem and says that I will get the new visa ready by the time I get back from my business trip. I am hoping to get a second view on this to make me feel confident that this will not be a problem.

    For the record, I own a house in the US. I am alone, no husband or boyfriend. However, I would like to get “home” and would rather not like to have a denied entry.

    Many thanks in advance.

    • Dianna, You should not rely on blog posts as legal advice. I haven’t reviewed the particulars of your case or been retained to give a second legal opinion. What I can say is that the L visas are dual intent visas, which means you do not need to show strong ties to your foreign home country in order to enter the U.S. and clear border inspection on an L. You just need to make sure you have a valid L visa when traveling abroad, typically L1. I hope that helps. Kind regards, Allan

  35. sekhon says:

    I enter usa in the month of Aug and allowed entry for six months but i left end of October at departure time cbp officer not put departure stamp on my passport. They didn’t issued I94 form on arrival. How they can get information i was already departed. When i will re-enter usa is their any problem to me.

  36. Dharmendra says:

    Hi Allan,

    I have a multiple entry B1/B2 visa. I am employed with a company in India and I have visited USA for business purpose in
    April 2011 for 6 weeks,
    May 2012 for 10 weeks
    Oct 2013 for 12 weeks.
    Now my company wants me to travel to US again for 8 weeks starting Feb 2014. Will I face any problem visiting US again considering I have stayed in India for 1 month since my last visit to US?

    • It really depends on the border agent when you arrive. You must bring enough evidence to show you have no interest in overstaying your welcome and that your entry to the U.S. has some benefit to the U.S. government. Supporting the U.S. economy by coming to the U.S. should be a positive consideration. If the border agent believes you are working in the U.S., then your entry privileges can be cancelled, unless perhaps you have a B1 in lieu of H1-B. I simply do not know enough about your situation. Kind regards, Allan

  37. Roberto Rodriguez says:

    Hi my name is Roberto Rodriguez and I have a question regarding visas. My situation is as follows:

    I am currently under TN visa and I am from Mexico, my fiancé is from Ecuador and she have a B1 visa. We were planning to get married here in US because she doesn’t have Mexican Visa right now (expire last year) and in Ecuador I have to stay 70 days to be eligible to get married with a person from Ecuador; so those are the reasons why we want to do it here in US. So the idea is to get married here and get the marriage certificated and with that go the consulate and got her a TD visa, a dependent visa for my TN visa.

    Is this possible or is there any problems doing this?

    • Robert, Marriage is according to the place of marriage, so it should not normally matter if you marry in the U.S. or Ecuador. You can then proceed with immigrant visa processing. I hope this helps. Kind regards, Allan

  38. asif mansoori says:

    hi allan how are you ,,,sir i want to know i had B1-B2 10 years visa shall i convert in O1 visa,,,and i am a film artist,but not very well know but i did couple of films and i am a indian…please reply

    • Asif, I am sorry, but I do not have enough informration to know whether you qualify for an O visa. However, it sounds as if you want to remain in the U.S. to change from a B status to an O status. Be careful about changing or extending status in the U.S. If you try and fail you will risk losing the B visa. It’s best to apply for an O visa at a U.S. consulate abroad, not in the U.S. I hope this helps. Kind regards, Allan

  39. chirag says:

    Hey Alan,

    My mother got a B2 M Visa recently. I am planning to call her first time in March 2014 for around 8 weeks. She can’t stay for longer duration in her first visit. She would have more time later this year and would like to come again for 4-5 months around Aug 2014.

    Do you foresee any issues that the next time she comes, she might not get I-94 for at least 4-5 months?

    Thanks & Regards,
    Chirag

    • Chirag, Each case is different, but I like the fact that she will stay no more than 8 weeks on her first trip and also that there will be a couple months time outside the U.S. before attempting a return to the U.S. Kind regards, Allan

  40. Joanne says:

    Hi Alan,

    I am from the UK and have a boyfriend living in the us. He currently only has a green card although he has begun the process of applying for citizenship. I am aware this can take up to a year so infortunatley we are waiting to be married. I have visited the USA for 9 weeks between July and September and then the full 90 days between November and feb on the visa waiver. I want to apply for the b2 visa but am afraid it will be denied due to me having been there previously. I have enough money to prove my travel expenses and I am a substitute teacher in the UK so I am now working again and worked in between us visits previously. I can also purchace travel insurance and have proof of travel itinary for the first 3 weeks. (were hoing on holiday) Do you think I can apply for the b2 saying i need to come back for work for September back in the UK when schools start. Because i work for an agency though i dont have proof of this. I want to be with him in USA between April and August. Do you think I should apply for the b2 visa or do you think that will cause problems? Or should I just visit him on the visa waiver for short periods of time until he is a citizen? The only problem with this is the expense of flights each time!

    • Joanne, If you apply for a B1/B2 visitor visa, the consulate officer will want to know why you don’t simply use the visa waiver program. When a foreigner spends extended time in the U.S. it typically means the foreigner has a boyfriend in the U.S. or is working illegally. You may be asked about a romantic relationship and you need to answer honestly. The chance of obtaining a visitor visa at that point is small because there is a danger you might not depart the U.S. on time. If you fail to mention your boyfriend when asked, then this can cause problems later when you want to marry. Immigration officers look back on records. I think that if you want to visit the U.S., then do not be seriously, romantically involved with a U.S. citizen. If you want to be romantically involved, then limit your visits. He should normally visit you too. There are unaviodable risks no matter what you do, so there is no right answer. Kind regards, Allan

  41. asif mansoori says:

    Hi allan
    dear sir if a person who is indan holding a us valid visa ,,is it possible he will get a temporary visit visa for canada from usa ,,or he will get only from india

    • Asif, It is possible to obtain a Canadian visa while residing in the U.S. Please check with a Canadian immigration attorney regarding this matter. Kind regards, Allan

  42. michelle says:

    hi allan,

    can you please help me, I am a b1/b2 visitor visa holder.. I spent my FIRST trip in USA jan-july 2013, almost 6 mos but i left in 4 days left until my date will be over..my question is im almost here in my country for more than 6 mos I have a trip to USA this april 28 will the cbp officer will question me? and btw when i departed USA thy didn’t get my I-94.. but i asked them where ii can give it but the lady in a dark blue blazer maybe it is the united airlines employer.. how am i assure that they will give it to the cbp ofiicer, to save my records.. please help thank me allan thank you

    • Michelle, The CBP can find out when you departed the U.S. even if you did not turn in your I-94 card. It’s very rare they make a mistake. Regarding your next entry, a CBP officer can always question you. You only need to answer questions honestly and see if the agent allows you to pass. Allan

  43. ami says:

    Hi Allan

    I have a B1 multiple entry Visa valid for 10 yrs. I am planning to take a 3 day cruise to Mexio. Will I need to get the Mexican Visa ?

    Thanks

    • The B visa only allows you entry to the U.S. Some foreigners can enter Mexico without a visa and other foreigners need a visa. It depends on the country. If you are not sure, please check with a travel agent or perhaps a Mexico consulate in the U.S. Kind regards, Allan

  44. Lakshmi says:

    Hello Allan,
    I am planning travel for my mom from India to US. She has a multiple entry visitor (B) visa for 10 years and has visited us a few times. She has always returned to India within 6 months.

    But I had a couple of questions:
    1) Is the general duration of stay in US, 180 days or 6 calendar months (more than 180 days)?
    2) If we plan to extend her stay in the US by another 6 months (total 1 yr), and she stays in India for a full year before visiting US again, would it cause issues with future visits/visa renewals?
    Please let me know.

    Thanks.
    Lakshmi

    • Lakshmi, It’s 6 months generally, but a border agent can grant entry for up to one year. It is better to discuss your needs with the border agent than to try and extend stateside. The USCIS will consider an extension request, but the CBP will have given only 6 months. Although the USCIS may grant another 6 months, CBP may not agree. This can cause your mom trouble whenever she tries to visit the U.S. in the future. If she obtains the extension and then remains outside the U.S. for a couple or more years, this might be better. Kind regards, Allan

  45. Dant says:

    hello Allan,

    I have a b1/b2 2years visa. my fiance is a green card holder, and i visit the USA. i am planning to visit again this coming June. we paln to wed during my next visit in June, so he can file for my green card, then i come back to where i reside. how is that possible???

    • Dant, This is a good plan. You have no intent to remain in the U.S. after you marry and so it is perfectly fine to marry while visiting.

      There is a concern about what to say when entering the U.S. If you indicate you are marrying your fiancee who is a U.S. resident, there is a good chance your entry might be blocked. If you don’t tell the truth, a misrepresentation regarding your visit is grounds for a permanent bar from the U.S. Here is a video clip that discusses how to handle a border crossing. The topic is the visa waiver program, but the rule are much the same for a B visitor visa:

      http://www.youtube.com/watch?v=1KF_8ElIOq0

      I hope this helps. Kind regards, Allan

  46. Hussain says:

    Hi Allan,

    Hope you are well. I got a B1/B2 visa back in 2005 when I was living in United Arab Emirates. I believe it was a single entry visa only. The problem is I do not remember if I overstayed my period. As I had booked a ticket already to leave in August 23rd I believe. I entered the US on 23rd May 2005. Now I went to stay with me relatives in Florida and totally forgot to rebook my flight which meant I lost the ticket. I left the US end of October I believe but did not fly out from JFK (the airport I landed) and went through Memphis. Over there I was told that I would not be allowed to enter in the future as I never went back to JFK and met the border agent.

    I know this seems long and all but that was in 2005 and now its 2014 and I am canadian PR and wanted to apply and one of the questions on the form is did I overstay my period. I do not know honestly. My question basically is, will this affect my application of what happened in 2005?

    Thank you.

    Hussain

    • Hussain, Entry on May 23, 2005, and a departure in October 2005 means you were in the U.S. about 6 months. I do not know your authorized stay in the U.S. as a visitor. Regardless, you were not in the U.S. long enough to trigger a bar. Even so, an overstay in the U.S. is cause to distrust your willingness to follow the rules. You should seriously consider applying for a visitor visa to the U.S. and bring plenty of evidence explaining your overstay, along with a showing you will spend money on U.S. tourism. I hope this helps. I help foreigners with B visitor visa processing if interested. Kind regards, Allan

  47. Mike says:

    Dear Mr Lolly,
    Mu brother (46) and I (59) have recently sold our late parents home in UK. My brother has never travelled abroad and, I have not visited USA since 1994,Given that we can afford this, I suggested renting an apartment for 6mths/year in San Diego to relax/be tourists..

    I will have to return to UK for 2 weeks (in Spring) for a minor dental proceedure and would then want to return to US.

    It is our intention to return to UK/France to live but we have not yet purchased a new home.Would lack of a new fixed address in Europe a potential for refused entry to US?

    Should we do this prior to visiting US in order to guarantee our return to Europe or is return ticket sufficient?

    What do you reckon?

    Mike

    • Mike, If you are short on funds, don’t bother about renting a place in Europe before coming to the U.S. Bring your dental appointment and be prepared to explain about the sale of your parent’s home and your plans to return to France or the U.K. Of course, it is best to show as much strong ties as possible to the U.K., but I wouldn’t stress about it too much. Bring plenty of money to show you will be supporting U.S. tourism. Kind regards, Allan

  48. Sanjay says:

    Hi Allan,

    Hope you are doing good. I am working for an Indian MNC, the company has initiated my B1/B2 and they want me to stay in US for 5 Months, but the actual invite letter my company is planning to provide is only for 2 weeks (If the port of entry is stamped for 6 months).

    My actual questions is: shouldn’t this be a problem for me if I go for future LI or H1B stamping. My idea is not to go for these stamping immediately in the same calender year I travel in B1/B2 now. But may be in 2016 I am planning for H1B. Are there any other threats for visa cancellation?

    Pls let me know your valuable thoughts

    • Sanjay, What concerns me is that the company is indicating to a port inspector that you will stay for 2 weeks, when it is known that you will stay for 5 months. That is a large difference. I imagine the company is doing this to increase chances of success in gaining entry to the U.S. for you and betting that you will be stamped for 6 months. The problem is that when you present a document to a port inspector that cuts short a line of inquiry, it is considered misrepresentation before an immigration officer and is grounds for a permanent bar from the U.S. You might be investigated at this stop, during an H visa application, or it could be that the company is caught finagling the immigration rules on some other situation and that everyone who used this method of visiting the U.S. will be investigated and barred. Is there a U.S. licensed immigration attorney working on immigration issues for the company? You have an independent responsibility to be truthful when speaking with an immigration officer, so please think about this and be careful.

  49. Sam says:

    Dear Allan,
    I am an american citizen , married to a non american. She is pregnant with our child, and I want my child to be born in the states.

    Is it within law for her to travel with her B2 visa to the states and have our child born there ? or would it be a problem for her entering the states for this reason as this is important to me that my son is born in the states.

    Regards,
    Sam

    • Sam, If she has a visitor visa, she can travel to the U.S., give birth here, and then depart the U.S. The child will be a U.S. citizen. It happens quite a lot and is rather shocking in my view. It’s a way for non-U.S. citizens to give U.S. citizenship to the next generation. She must tell the truth at a port inspection when asked about her travel plans. In your situation, if the child was born abroad, you could also help the child acquire U.S. citizenship by being on the birth certificate and then registering the birth abroad at the nearest U.S. consulate. The child could then acquire a U.S. passport for travel to the U.S. I hope this helps. Kind regards, Allan

  50. Kavita Yekkala says:

    Hello Allan,

    I travel US on B1 visa, at POE entry office asked me couple of questions abt my purpose of visit and company stuff …. He given stamping for 6 months but he wrote B2 in my passport (I noticed it later). I checked my I-94
    from the website I could retrieve my data under B1 (Class of Admission ).When I tried to fetch data by giving B2 , application throws an error saying record not found.

    Please tell me is correction is needed and how to proceed

    Thanks
    Kavita

    • Kavita, A B2 status is fine. There should be no need to change it. Visas and statuses in the U.S. are not always the same. If you really want to report, then you can make an INFO pass appointment with the USCIS and discuss in person. Kind regards, Allan

  51. Alicia says:

    My fiance applied for the B2 visa recently so that we could marry in the US with my family, honeymoon, and the return together to Morocco. He has extenuating circumstances that would require him to return home for a long duration of time we figure we would just apply for the CR-1 at a later date when he would be freed up to leave home permanently. Of course he was promptly denied on the basis that we should file a K-1 even though he stated that he can not stay in the US after we marry, and the CR-1 would be a better option for us when a year or two down the line when I finish my deployment. He was also told by the CO that he didn’t believe that he would return and concocted a story to get a visitor visa and remain illegally in the US! Besides fighting a legal battle at home over his father’s will with his father’s other wife’s children that would leave his mother and youngest siblings displaced if he leaves for an extend duration of time, neither of us would like for him to be living alone in a country he’s never been to during the duration of my deployment which is not yet set in stone. Is there some way to dispute this? My understanding is it is not illegal for a non immigrant alien to marry US citizen if his intent is return home.

    • If he applies again for a visitor visa, he must by rule speak with a different consulate officer. Since you are on deployment, it will help to show your duties and that you also cannot remain in the U.S. The U.S. consulate in Casablanca is a very difficult consulate for visa processing, so don’t be surprised if she receives the same treatment twice. Visiting the U.S. is all about having the foreigner come spend money as a tourist. It has very little to do with family planning issues and so it makes sense she might be denied a visitor visa to marry. I am available to assist with immigrant processing if interested. Please contact me to discuss further. Kind regards, Allan

  52. DIpak Raj Rai says:

    Hi Allan,

    I have 5 years multiple entry visitors visa. I have heard that I must travel to the U.S. within 6 months of getting the visa, otherwise my visa will be cancelled. is it true?

    I got my visa on 23 August 2013, i.e. 8 months ago but I could not go due to the program shifted to Korea but I need to go in June 2014. It it a intensive class in Seminary. Is there any problem that I expect? Am I eligible to travel yet?

    Thanks
    Dipak

    • Dlipak, Your visitor visa should still be valid even if you did not travel within 6 months after visa issuance. Each visa is different. Kind regards, Allan

  53. Nijjar says:

    Hi Allan,

    I have a green card and my wife is a USA citizen. It has been around two years that we have’nt met my Mom who is in India. My wife is pregnant and expecting our first one in the month of July.So we want to invite my Mom to visit us for two months to visit us and also to join us on this special occasion.
    But i have read many forums saying that if you mention the pregnancy during the interview then there are good chances of rejection as the visa officer might think that the visitor will be baby sitting and helping in the household work and that would be considered as a job which is not permitted for visitor visa.
    We have no intent like that. Also my wife’s parents are USA citizens and if needed they can baby sit or help us in the household work which will be legal for them.
    My mom has house on her name where she lives with my sister who is unmarried and work as pharmacist. Those are her only ties back there.
    So I am really confused whether i should mention the pregnancy in the invitation letter or not and what should be her answer if asked about my wife’s pregnancy. I really want my Mom to be here on the birth of our first child.
    please advise.

    Thanks,
    Nijjar

    • Nijjar, What I wrote on this blog is correct. From the standpoint of the U.S. government there is little interest in family matters, pregnancies and so forth. They want your parents to spend money on the U.S. economy and to return home when the stay as a visitor expires.

      It is true that caring for an infant can be considered work, so you don’t want to care for the infant. However, giving your wife emotional and even perhaps financial support while in the U.S. is good. Essentially, it’s fine to mention the pregnancy, but also she should mention she will come to the U.S. to give emotional support and celebrate. She should bring money with her to show her support. I hope that helps. Kind regards, Allan

  54. Mat, It sounds doable. It seems your concern is her ability to enter on the B2 visa in September after being her on the F1. It would help to put some time in between departure on the F1 and reentry on the B2. I like her ties to Spain and the fact that she will likely clear port inspection in the New England states coming from Spain. It’s worth trying. Kind regards, Allan