I am Canadian permanent resident, my husband is on work visa and live in US. I have been visiting him since last year. Maximum stay is this time which is 4 months, when i came from India in November end (during Thanksgiving). My I-94 is till May 21st, 2012. I am planning to make a trip soon to Canada for a while and then re-visit him. My question is how long shall i stay out of US to return back on B1? Is 1-2 months stay in Canada a good duration of time to revisit US?
I would appreciate your valuable response. Please let me know if you require any further information from me.
The issue is the way your "visits" are perceived by the officer on inspection. If it appears that you are living here you could be found in violation of your B-1/B-2 visa. If it appears that you are merely in fact visiting, there should be no issue. Do you have a Canadian driver's license? Do you own property in Canada? Do you have a job in Canada? These are all threshold questions that might help you establish that you are visiting here and not living here.
Debbi Klopman, ESq.
398 Bergen Street
Brooklyn, NY 11217
718 622 1208
This advice was intended to be general in nature and not to be taken as a legal opinion or legal advice and was not deemed to create an attorney-client relationship
Debbi Klopman, ESq. 398 Bergen Street Brooklyn, NY 11217 www.debbiklopmanlawoffice.com [email protected] 718 622 1208 This advice was intended to be general in nature and not to be taken as a legal opinion or legal advice and was not deemed to create an attorney-client relationship
There is no minimum. However, the more time you spend in the US, the more frequent your visits, etc. are all factors that will be used by the officer admitting you to the US to determine whether to admit you or not.
Most work visas have a derivative visa for the spouse. If your husband is on a work visa, the prudent thing to do is to get the appropriate visa stamp and stop using the B-1/B-2 the way you are currently using it.
J Charles Ferrari Eng & Nishimura 213.622.2255 The statement above is general in nature and does not constitute legal advice, as not all the facts are known. You should retain an attorney to review all the facts specific to your case in order to receive advise specific to your case. The statement above does not create an attorney/client relationship. Answers on Avvo can only be general ones, as specific answers would require knowledge of all the facts. As such, they may or may not apply to the question.
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