K1/K2 - A Couple Of Questions

[mrwebb8825]

My wife currently holds a K1/K2 10 year visa for the states. We're heading over to help care for my mother in her waning years. We went once before and they stamped her in for 6 months although we only stayed for 2 weeks. Is it possible to extend this while in country at an immigration office? If not, does she need to do a 'border run' to stamp out and back in for another 6 months? If not, how long does she need to be out of the US between stays (visits)? We plan on staying for a year or more depending on mom.

Looking for someone in the know through experience and/or personal knowledge.

Thanks in advance

[bbko]

So basically you/she wants to stay for one year in the US on a tourist visa?

[bbko]

"What you must remember is staying the maximum time during your previous visit and then wanting to return soon after that might raise suspicion with the immigration officer. The immigration officer will check all the dates of your last visits during the short interview before you enter the U.S. The B1/B2 visa’s purpose is to only travel to the U.S. for business or pleasure for short periods. It isn’t intended for extended stays in the U.S. If you are returning quite soon after your initial visit, the immigration officer might suspect you are visiting the U.S. for purposes other than business or pleasure. 

https://www.stilt.com/blog/2020/09/how-many-times-can-you-enter-the-u-s-on-a-b1-b2-visa/

 

Aging mother-in-law, ADHD kid, sick buffalo, sad monkey, etc.  Her days are numbered on a B1/B2 visa.

You want your wife to legally stay long term in the US? Apply for her permanent residency/green card.

Edited June 6, 2022 by bbko

[Onerak]

1 hour ago, mrwebb8825 said:

My wife currently holds a K1/K2 10 year visa for the states.

K1 visa is a fiance visa. Not a tourist/business visa. You were expected to marry when you last entered USA and petition for residency. As you did not do it last time, she will face lots of questioning from immigration. Did you apply for K1 visa while you were already married to her in a foreign country. If so, she may even be denied entry for false statements. Assuming you did not marry when you apply for K1, and now you're married her K1 is no longer valid. You may contact an immigration lawyer or get a new B1 visa for her. As she was approved last time, it may be approved again. On a B1 visa she can stay up to 6-months and extend it again for another 6 months for a total of one year. Most people I know who stay for one year in he US on B1 visa are Indian immigrants' parents in Silicon valley. But I have seen them coming frequently after a one year gap again. 

THere is no border run. You cannot go to mexico after one year and enter again. She will be denied entry after one year. I was denied entry in the UK with a US passport after three months stay (no visa required) and then another three months in France (no visa required for three months in a schengen country). I was basically doing the equivalent of border runs and intended to stay in Europe ( schengen + non- schengen ) for one year. 

Edited June 6, 2022 by Onerak

[mrwebb8825]

On 6/7/2022 at 3:29 AM, bbko said:

So basically you/she wants to stay for one year in the US on a tourist visa?

Yes

On 6/7/2022 at 4:08 AM, bbko said:

"What you must remember is staying the maximum time during your previous visit and then wanting to return soon after that might raise suspicion with the immigration officer. The immigration officer will check all the dates of your last visits during the short interview before you enter the U.S. The B1/B2 visa’s purpose is to only travel to the U.S. for business or pleasure for short periods. It isn’t intended for extended stays in the U.S. If you are returning quite soon after your initial visit, the immigration officer might suspect you are visiting the U.S. for purposes other than business or pleasure. 

https://www.stilt.com/blog/2020/09/how-many-times-can-you-enter-the-u-s-on-a-b1-b2-visa/

 

Aging mother-in-law, ADHD kid, sick buffalo, sad monkey, etc.  Her days are numbered on a B1/B2 visa.

You want your wife to legally stay long term in the US? Apply for her permanent residency/green card.

Apologies for being alphabetically challenged but couldn't edit the OP - She has a B1/B2 - We've read that the interview after filing the I-130 can take a year or more to schedule but it can be shortened by waiting in the states.

[bbko]

8 hours ago, mrwebb8825 said:

We've read that the interview after filing the I-130 can take a year or more to schedule but it can be shortened by waiting in the states.

I'm in the process of getting my wife her green card (filed I-130 in March 2022), and read up on the subject, I read if someone enters the US on a tourist visa then tries to convert it to a green card, it's looked upon as trying to bypass/cheat the system and it could take longer.   

[GinBoy2]

2 hours ago, bbko said:

I'm in the process of getting my wife her green card (filed I-130 in March 2022), and read up on the subject, I read if someone enters the US on a tourist visa then tries to convert it to a green card, it's looked upon as trying to bypass/cheat the system and it could take longer.   

You are correct.

 

USCIS deems any attempt to change status while in the US on a non-immigrant visa as very bad, and will delay the process significantly.

 

The premise of immigrant visa applications is that they are processed while the applicant is outside of the country.

 

I'm a little confused by this whole situation, but.

 

If they entered on a B1/B2 while an I-130 is in process, thats not in itself bad.

 

However the IR1/CR1 will still have to be conducted in the applicants home country, so being in the US in no way shortens the process.

 

If you try to bypass that and go directly for a change in status while in the country on a tourist visa, thats very bad, and will get you in a world of hurt

[mrwebb8825]

12 hours ago, bbko said:

I'm in the process of getting my wife her green card (filed I-130 in March 2022), and read up on the subject, I read if someone enters the US on a tourist visa then tries to convert it to a green card, it's looked upon as trying to bypass/cheat the system and it could take longer.   

 

9 hours ago, GinBoy2 said:

You are correct.

 

USCIS deems any attempt to change status while in the US on a non-immigrant visa as very bad, and will delay the process significantly.

 

The premise of immigrant visa applications is that they are processed while the applicant is outside of the country.

 

I'm a little confused by this whole situation, but.

 

If they entered on a B1/B2 while an I-130 is in process, thats not in itself bad.

 

However the IR1/CR1 will still have to be conducted in the applicants home country, so being in the US in no way shortens the process.

 

If you try to bypass that and go directly for a change in status while in the country on a tourist visa, thats very bad, and will get you in a world of hurt

and yet, if they sneak across from the south they get free housing, free medical, free job placement, free green card, free money, free food, etc. ????‍♂️

 

Yes, I've read the standard postings on the government websites also. According to those, if they followed the rule of the law, there would be no crisis at the border because most wouldn't qualify and all apprehended would be deported and banned. Instead, VP Harris just announced another $1.2B in funding to help them break the law.

 

We're just feeling our way through the process legally, same as you guys. My wife has been on FB groups and Thai chatrooms where she gets a slightly different version then I get here. (I can't read them and her translation is "imperfect" shall we say  )

We are maintaining our address here while I am reestablishing an address there. My mother, while cosponsoring her (my wife's) application, is also in need of assistance health wise and we don't want to neglect that obligation nor miss out on what could be her last year with us.

With covid, my wife can still work remotely and if/when the need arises, travel back to Thailand for an interview here at the embassy or at the end of six months permission to stay which is why I wondered about an extension while in country. If they contact her and say "You have an interview in 8/9 months..." we could postpone the expense of airfare as well as limit separation (I will be staying for the duration).

[bbko]

On 6/9/2022 at 1:34 AM, mrwebb8825 said:

and yet, if they sneak across from the south they get free housing, free medical, free job placement, free green card, free money, free food, etc. ????‍♂️

 

If that's true, there's your answer, have her sneak across the border, free housing, free medical, free job placement, free green card, free money, free food. 

[mrwebb8825]

We're basing these moves off of this information:

Eligibility

As a U.S. citizen, you may file a petition for the following “immediate relatives”:

• Your spouse;
• Your unmarried child under 21 years of age; or
• Your parent (if you are 21 years of age or older).

If your qualifying immediate relative currently resides in the United States and wants to apply for lawful permanent resident status, they may apply using Form I-485 at the same time or after you file Form I-130. See our Form I-485, Application to Register Permanent Residence or Adjust Status webpage for more information.

If your qualifying immediate relative does not live in the United States, they must wait until we have approved your Form I-130 petition before they apply for an immigrant visa through the Department of State. See the Consular Processing webpage for information about how to apply for a Green Card as an immediate relative.

 

It seems contradictory but I can understand how/why some people file from abroad and some after they are in the states. We can always ask and adjust our approach as things move forward.