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Author Topic: CR1 and B1/B2 Visa  (Read 1292 times)

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Offline DapperNYC

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CR1 and B1/B2 Visa
« on: September 09, 2018, 05:59:31 pm »
Hello everybody,

Just joined the forum, have been reading the wealth of information on here and decided to join and seek some guidance. Here is my story:

I am a US Citizen (born here, folks from DR), my lovely girlfriend is also from the Dominican Republic. She is currently in Toronto on a study/work visa which will be expiring in the end of October. She has a 10 year B1/B2 American Visa and has been to the USA a few times. We have been doing the long distance thing for over year now, I've visited DR, she visited me here in the USA before heading to Toronto, and I have been to Canada over 4 times to see her (amazing country). Before her Canadian visa expires, I am planning on going up to Canada where we will meet up in Toronto, take the train to Montreal, spend six days there, do a day trip to Ottawa, take the train to Quebec City (spend four days there) and then take the train from Montreal to NYC. We plan on staying together to try things out while we live together. Our families know each other, our parents like both of us, etc. I am 32, she is 26, both college educated. I currently have good high level job with the City of New York and she has had good jobs as well. We both love and care for each other very much, I can see myself with her for the future. Neither of us has been married/had kids before.

Some things I am seeking guidance on:

- She is coming down in October with me on the Amtrak. She bought a return flight to DR for around Thanksgiving, but we intend for her to stay until late March so we can spend some more time together, do some traveling to other states, go to a wedding. Is it an issue if she bought her return flight to DR for around Thanksgiving and then once in the country she will later change it to March? Or should she change it to late March now? My understanding from reading on here is that a person with a B1/B2 visa can stay up to six months. Any advise would be appreciated.

- Assuming all things go as planned and we both love each other, etc. I intend to marry her. I have decided the best route would be the CR-1 process instead of Kr-1. My questions is once I put in the paperwork for the CR-1 can my girlfriend come and visit me in the USA with her B1/B2 visa? Or should she wait things out in DR and I should go visit her down in DR?

We are trying to follow all rules and regulations, her folks are all concerned that she is going to be in trouble if she stays until March with her American visa here (you know they are listening to people in the neighborhood)

Bring Your Dominican Family to the USA - Dominicans to the USA

CR1 and B1/B2 Visa
« on: September 09, 2018, 05:59:31 pm »

Offline marcfranc

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Re: CR1 and B1/B2 Visa
« Reply #1 on: September 10, 2018, 06:35:08 am »
I'm glad that you are interested in following the rules. Many are not, and are always trying to take shortcuts. Sometimes they work, and sometimes they don't. I believe that the penalties involved when they don't work are too great a risk to take if you are "in it to win it' and are thinking long term. You would be surprised how shortcuts can come back to bite you, even years after the fact. In my opinion, it better to follow the rules, even if they hurt.

In answer to your question, I believe you should leave your girlfriend's ticket as is for now. The CBP determine upon entry how long a tourist can stay. I know that doesn't make much sense and creates difficulty making plans, but that's the way it is. We don't make the rules, we just have to live with them.

So, after she enters if the CBP gives her the time then go ahead and change her ticket to March. If they don't, then at least you saved yourself some headaches and some cash.

I agree 100% to go with the marriage visa. The K-1 is just a bad idea for reasons too numerous to mention. But that's another story. As far as if she can travel back and forth for visits while your CR-1 is processing, well that's kind of a gamble. The CBP office always has the last say on whether or not to allow a person to enter. As soon as you file your CR-1 visa you are immediately establishing "immigration intent". The CBP officer might think your then wife is planning on staying and therefore deny entry. Another one might allow her in. It depends on the officer. I know, it's arbitrary, but then again that's how it goes. If you don't mind giving it a shot, go on and try it. If you don't want to potentially waste your girl's time as well as money it might just be best to have her wait it out in DR and have you visit or have her travel to a third country such as Mexico or Cuba and meet her there.

Well, wishing you the best of luck and I hope that this has helped you some....

Offline DapperNYC

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Re: CR1 and B1/B2 Visa
« Reply #2 on: September 10, 2018, 04:43:25 pm »

In answer to your question, I believe you should leave your girlfriend's ticket as is for now. The CBP determine upon entry how long a tourist can stay. I know that doesn't make much sense and creates difficulty making plans, but that's the way it is. We don't make the rules, we just have to live with them.

So, after she enters if the CBP gives her the time then go ahead and change her ticket to March. If they don't, then at least you saved yourself some headaches and some cash.

Well, wishing you the best of luck and I hope that this has helped you some....

So should me mention anything to the CBP officer about staying longer than November or no? Other times when she has entered the country the CBP officers have never said/or stamped anything in ehr passport about maximum amount of time she can stay here on her B1/B2 visa. this is why we are a bit unclear.

Thanks for your well wishes!

Offline D-mo

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Re: CR1 and B1/B2 Visa
« Reply #3 on: September 10, 2018, 07:33:32 pm »
Welcome to the Forum Dapper!

Marc is pretty well on point. The max duration for B visa is typically 6 months, but being a business visa, it could be longer and will be stated on the I-94 upon entry. Also, extensions can be requested if it is done and granted BEFORE the return date.

Also, if memory serves, it is possible to change status of a non-immigrant visa to an immigrant visa status with proper forms. It can be a hassle, but it can be done.

D-mo
"You can't fix stupid"  Ron White

Offline marcfranc

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Re: CR1 and B1/B2 Visa
« Reply #4 on: September 11, 2018, 06:04:46 am »
They never stamped anything about duration of stay? It is usually listed on the I-94.

Offline DapperNYC

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Re: CR1 and B1/B2 Visa
« Reply #5 on: September 11, 2018, 04:43:02 pm »
They never stamped anything about duration of stay? It is usually listed on the I-94.

Nope I been looking all over her passport and there is nothing.

Offline D-mo

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Re: CR1 and B1/B2 Visa
« Reply #6 on: September 12, 2018, 06:24:57 pm »
They never stamped anything about duration of stay? It is usually listed on the I-94.

Nope I been looking all over her passport and there is nothing.

It's not going to be in her passport. It is a document typically given to non-immigrants upon entry and exit.

D-mo
"You can't fix stupid"  Ron White

Offline DapperNYC

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Re: CR1 and B1/B2 Visa
« Reply #7 on: September 12, 2018, 06:37:29 pm »
They never stamped anything about duration of stay? It is usually listed on the I-94.

Nope I been looking all over her passport and there is nothing.

It's not going to be in her passport. It is a document typically given to non-immigrants upon entry and exit.

D-mo

She also said she never got anything or was given anything. Maybe she doesn't remember but she feels is if it was something that contained important informationsuch as this she would remember.

Offline marcfranc

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Re: CR1 and B1/B2 Visa
« Reply #8 on: September 13, 2018, 05:55:32 am »
https://www.uscis.gov/I-94information

This isn't familiar? They are doing it electronically now. Maybe that's why she doesn't remember a physical piece of paper?
« Last Edit: September 13, 2018, 05:57:36 am by marcfranc »

Offline DapperNYC

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Re: CR1 and B1/B2 Visa
« Reply #9 on: September 13, 2018, 12:15:40 pm »
Probably, who knows. I will keep you all posted.

Thank you all for the good insight.

 

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