byliang2005-08-17 20:28:05
F-1的女朋友拿到10年多次的B-2。申请签证时,填表说是来“visit boyfriend and tour US, stay for two months”,(怕被拒,没敢说留太久)。

根据 http://travel.state.gov/visa/laws/telegrams/telegrams_1414.html

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EXTENDED STAYS CAN QUALIFY AS "TEMPORARY"

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5. The fact that the cohabitating partner may be living in the U.S. for an extended period is not a bar to B-2 classification. Cases of this type are governed by 9 FAM 41.31 N2.4. That Note provides as follows:

"The period of time projected for the [B visa] visit must be consistent with the stated purpose of the trip. The applicant must establish, with reasonable certainty, that departure from the United States will take place upon completion of the temporary visit. Although temporary'' is not specifically defined by either statute or regulation, it generally signifies a limited period of stay. The fact that the period of stay in a given case may exceed six months or a year is not in itself controlling, provided the consular officer is satisfied that the intended stay actually has a time limitation and is not indefinite in nature."

6. Thus, in evaluating these cases, posts should not focus on the absolute length of the stay; rather, posts should focus on whether the stay has some finite limit. For example, the temporariness requirement would be met in a case where the cohabitating partner will accompany, and depart with, the "principal" alien on a two-year work assignment or a four-year degree program.

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EXTENSIONS OF STAY MAY BE REQUIRED

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10. Although accompanying partners may be issued B-2 visas to undertake stays of an extended duration, their initial period of admission may not be sufficient to accommodate their planned stay. BCIS regulations allow a maximum initial admission in B status of only one year, and most often BCIS grants B visitors an initial admission of six months. However, the initial period of admission is extendable in six months increments, and there is no absolute limit on the maximum length of stay available in B-2 status. Posts should use visa annotations to indicate the purpose and length of stay in such cases, as that will increase the likelihood that the inspector grants the maximum possible admission period on initial entry and will facilitate subsequent extensions.

11. In cases involving extended stays, posts should take care to warn accompanying partners of the need to apply for extensions of stay. Posts should also explain the limits of B-2 status and the types of activities that are not permissible in B-2 status.

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入境时如果向移民管要求一年的逗留,会不会有什么不妥?
然后再每半年extend一次,直到F-1毕业离开美国。因为不想10年多次的B-2换成F-2,怕回国要再申请签证。

Anyone has any suggestion? Thanks!