Tourist Visas: Trip to Bahamas on B2 Visa While in Us

samedi 20 septembre 2014

I've called CBP and USCIS about this, and although, I've gotten similar answers from them, I'm still very unclear. My question is as follow: I'm a USC, my fiance is Mexican, lives in Mexico, has both valid Visa B2 (good till 2017) and I-94 (good till 3/2015). We are getting married in California. However, before we even thought about immigration issues, we booked our honeymoon to Bahamas, which departs from California a week after the ceremony. So can she be re-admitted back into the US after out trip? We can't do K1 Visa because there's no time to file for the K1 visa and request Advance Parole. However, both CBP and USCIS stated over the phone that as long as her visa was still valid there should be no problem. CBP only stated that her I-94 would be taken away on her way to Bahamas, but be given a new one upon her arrival. USCIS suggested that as soon as we get back to have her return to Mexico and apply for K3 by filing I-130 and I-129F, then to change her status ASAP submitting I-485 (I think). However, on CPB website it states that if a CPB officer suspects that an individual with a non-immigrant visa is planning on living here in the US, they may deny entry, and have Visa taken away for to 5 years. Questions: So can she or can she not make that trip under our circumstances? Yes, she will be living here with me in the US, but we also want to do it all legally. And also why would both CBP and USCIS, say it's ok, given the circumstances, and yet their websites make such a remark? And also, if USCIS is suggesting to do the filing afterwards, how will the CBP officer know or how can we prove she is going back to Mexico? It's kind of contradictory, is it not, or am I missing something here? Thanks for the responses in advance.





Tourist Visas: Trip to Bahamas on B2 Visa While in Us

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