B2 Visa Qs

[honeybun]

i know B-2 visas can be a contentious topic, but i have a list of questions that i am being asked, in a roundabout way, to figure out.

 

is there a standard length of stay for a first-time B2 visa to the US, or does it depend on stated reasons of travel? is the length of stay determined at the POE or by the issuing consulate? what is typical for someone's first B2?

 

are B2 visas usually single entry? if multiple, has anyone left the US and then quickly come back for another stay? i've seen that there is an application for extending the stay once in the US, but has anyone here done that?

 

the reason i ask is that the daughter of a friend of ours is coming here for grad school in January. her parents would like to come here, see their daughter and do some traveling and vacationing, staying for about 4 months. they are very rich and have a lot of ties to china in terms of homes, several businesses, and family, and so certainly would not overstay their visa. however, they want what seems to be a rather long length of stay.

 

also, i assume they should be upfront about their daughter being in school here, correct? if they didn't mention it, i fear the consulate would learn about it anyway and actually have a reason to deny them (which seems unlikely if they just present their facts honestly). thoughts?

[dnoblett]

Length of stay is determined by the POE.. Typically set too 90 days, can request longer I believe up to 6 months depending on circumstance, providing ducuments showing anticipated length of stay (Itinerary, return ticket reservation etc...)

 

If you are an alien, the CBP Officer must determine why you are coming to the United States, what documents you may require, if you have those documents, and how long you should be allowed to initially stay in the United States. These determinations usually take less than one minute to make.

http://www.cbp.gov/x..._to_the_u_s.xml

 

B2s are multi-entry visas, typically valid for one year.

 

Visa:B-2 Uses:Multiple Validity length:12 Months

http://travel.state....5.html?cid=9015

 

Yes can extend it once in the US by filing an I-539 to USCIS

http://www.uscis.gov...00045f3d6a1RCRD

 

Yes BE Honest and Open up front, visiting a son/daughter that is in the USA is a strong reason for travel, do not hide this.

 

I have heard that it is better to say that I am going for business than for tourism or to see relatives. Is this true?

 

No. Tell the truth. If applicants' ties to China are adequate to overcome the presumption of immigrant intent (INA section 214b), a tourist visa will be issued. Problems arise if applicants mislead the interviewing officer as to their intent in visiting the United States. Once a misrepresentation is made, it will be difficult to believe other information supplied by the applicant.

 

http://guangzhou.use...uestions.html#7

Edited January 3, 2012 by dnoblett (see edit history)

[honeybun]

thank you as always for your help, dnoblett!

 

one complication this raises is how to buy roundtrip tickets with the uncertainty of how long you will stay. i think it makes sense to buy tickets that depart back to china within 90 days but make sure they can be changed for not too much more if the POE grants a longer length of stay or they can get it extended by USCIS.

 

also 90 days would be getting close to what they wanted, anyway.

 

has anyone (or does anyone know someone who) applied for and received the extension from USCIS?

 

thanks again for your help!

[dnoblett]

I have seen the extension posts on VJ, keep in mind the I-539 is for situations that are beyond the control of the visitor, for example a medical problem.

 

Best to demonstrate a reason for longer than 90 day stay at the POE, it is not unusual for POE to grant stays up to 6 months, also saves on the expense and complexity of filing an I-539..

 

For example the mother in law visit visa topic posted in this forum specified 4 - 6 months, and their itinerary showed 4+ months anticipated stay.

 

http://candleforlove.com/forums/index.php?/topic/8469-visitors-visa/

[pbatt]

One option for airplane tickets is for them to purchase what is called an "open-ended ticket" This costs more but the ticket is good for up to one year. Typically it is a business class type ticket. I did this when I went to Singapore for teaching.After I got to Singapore I just let the airline know I was not taking a seat home on the day i said I would return and used the ticket a year later.

 

One option anyway.

Good Luck

[honeybun]

dnoblett, thanks for clearing up the way these extensions are intended to be used. i'll let them know that what happens at the POE will determine the maximum length of stay barring any unforeseen circumstances that would necessitate an extension.

 

thanks pbatt for cluing me in to the open-ended ticket option. that will be passed along and probably used.

 

part of their itinerary in the states will probably include visiting us (we live on the other side of the country); should we write a letter saying they're our friends and will be visiting us for a certain period of time?

 

tonight i found out that the father will not be coming, but the mom would like to bring her young daughter (around 6 years old, i believe).

[dnoblett]

Yes a letter of invite is a good thing, also one remaining behind establishes a stronger tie to China and may help overcome any presumption of immigrations.

[honeybun]

does the POE need to be at the airport? they might be visiting Canada first, and mentioned possibly wanting to drive into the States as opposed to flying.

[dnoblett]

does the POE need to be at the airport? they might be visiting Canada first, and mentioned possibly wanting to drive into the States as opposed to flying.

POE can be any port of entry Land, Air, sea, bus, train...

 

If drive in, they will be directed to the office by the officer in the both.

 

If wanting to drive, they will need an international drivers license to drive in the USA, and also not sure if a Canadian car rental agency would allow a rental car to leave Canada.

 

But yes someone could transport them into the states.

[honeybun]

If wanting to drive, they will need an international drivers license to drive in the USA, and also not sure if a Canadian car rental agency would allow a rental car to leave Canada.

 

But yes someone could transport them into the states.

great points! you went above and beyond in thinking this plan through thoroughly. i think her idea must have been for her friend, who lives in Canada, to drive her down and spend some time with her.

[Lee VD]

My wife (before we were married) came in on a B visa several times. Almost every time, they pretty much defaulted the I-94 to 6 months. When she came in on business for a one week conference, they then did mark it for one week. Generally, if you have already booked tickets for a 6 month stay, have them show the itinerary and ask the officer for 6 months. I don't expect there would be any trouble.