Please Advise: Visas For Argentines Going North

kalitrillia

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Thanks for reading. After getting myself all sorted out visa-wise in Argentina (I'm from the USA) there has been a tidal shift and my partner and I will be spending the second half of this year back up in the states. He is Argentine, has been there before, and has a 10 year visa.

However, we don't know how many months they'll give him upon entry which is making it hard to plan. Could be three, could be six. Anyone else dealing with this kind of thing who might have some advice? We'd like to spend 5-6 months there without having to go out of our way to cross any borders. There is no Buquebus to Mexico and back. Yes, we could get married, but because we want to come back to Argentina at year's end don't think it's the right time to dive into that pile of paperwork and potentially get stuck up north. Cheers.
 

Ceviche

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Normally immigration officer will give 6 months unless yr bf says something stupid at the immigration
 

ben

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Since you mention buquebus, let me mention that US authorities frown strongly on cross-border trips - especially to Canada - just to get more time in the US. I am familiar with people who did border runs to Canada and were subsequently refused (re-)entry to the US.

As well, just because you were given 6 months does not mean you should use them without any thought - again, I am well acquainted with people who had never overstayed their limits, and but on a later visit were suspected of having previously worked while in the US. They were turned back and their visas revoked. Staying for long periods of time without an adequate explanation is a recipe for trouble.

If you like, PM me and I can refer you to a qualified US immigration attorney. Particularly in the US, people should not be winging it unless they truly know what they're doing.
 

Hybrid Ambassador

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Hmmm, that is odd, the last time helped a couple to talking to an attorney doing their becoming a US resident and the attorney said to them go to Canada for your US green card interview. He said, the US and Canada has a pact that anyone on a green card run into Canada and if any abnormality involved in the interview the petitioner has to be re-admitted into US soils because the clause of that pact.

In the case of your BF, US inmmigration would ask, if any the amount of money your BF has on him then they will ask how long you are intending to stay. So just tell them, 6 months. But if they refuse to grant that length and only getting 3 month, you can hop over into Canada or even Mexico and then get another 3 months. Besides, when entering on a visitors visa, _you do not need to hire for attorney_ as suggested above. Unless, your BF has a record already in the US and the Authority grabs your BF at the gate!..

My 2 cents...
 

ben

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Hmmm, that is odd, the last time helped a couple to talking to an attorney doing their becoming a US resident and the attorney said to them go to Canada for your US green card interview. He said, the US and Canada has a pact that anyone on a green card run into Canada and if any abnormality involved in the interview the petitioner has to be re-admitted into US soils because the clause of that pact.

In the case of your BF, US inmmigration would ask, if any the amount of money your BF has on him then they will ask how long you are intending to stay. So just tell them, 6 months. But if they refuse to grant that length and only getting 3 month, you can hop over into Canada or even Mexico and then get another 3 months. Besides, when entering on a visitors visa, _you do not need to hire for attorney_ as suggested above. Unless, your BF has a record already in the US and the Authority grabs your BF at the gate!..

My 2 cents...

A green card interview is a different story entirely, what I was saying concerned primarily visitors who are travelling on B1/B2 visas. For these, going to Canada is, as I said and will repeat, running a serious risk that upon entering the US, they will be looked at as people trying to get around the terms of their limits, or worse, de facto immigrants.

In other cases, particularly those that concern legal residents who for purely technical reasons require re-entry to the US or need to conduct an interview at a consulate outside the country, Canada may indeed be a fine option. But that does not appear to be the OP's case.

As to an attorney, that is because people who are in or will be in a good-faith marriage normally have options for staying indefinitely in the US - certainly far better and safer than 'visa runs' to Canada - regarding which an attorney could advise them. I happen to know one who handles such cases on a regular basis, whose contact info I offered to pass on. Nothing more than that.
 

Hybrid Ambassador

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But the OP has posted that her BF has already US visa and has been in the country prior. So unless he has committed, prior infringement there should be no need for fear. The US immigration always asks for how are you going to support yourself for
the reminder of her/his stay in the country thus asking for how much money,CC he has on him. Besides, i don't think that they are going to reveal that they are in good-faith-marriage as you interpret her saying? She does indeed say referring to him as her "partner" but nothing saying if they are married ? But since she mentions Mexico, then I presume they will be going to south~west part of US.
In that case Canada is too far but Mexico makes more sense. Still don't think an attorney will be needed in their case but unless, he has a prior "mark" on his past stay in the US. Now days, the entry booth will flag anyone and then be brought to the "Homeland security" area, then be drilled with ton of questions, though you have not committed any deficiency...If only given 3 months and then needing more, then reluctantly have no recourse but to make a visa run and upon the re-entry, he has to show Credit card and or enough money that will suffice enough for the new length of stay permission, me thinking..
 

ArielFabian

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With my B1/B2 visa I was allowed to stay a max of 3 months in a row, and a total of 6 months in the year; however, I do not recommend him to be so long there because he might be asked many questions if he stays so long. I'd rather recommend him to stay 2 months in the US, return Argentina (the country he lives), wait for 1 month or more and return again for 2 months. Going the US is very strict for Argentinean immigrants, I got the B1/B2 visa easily and fast but the first question I was asked when I went to the US was: "When are you going home?" :) and It did not sound very kind to me; during five minutes I have been asked the same questions many times since I was going to stay for 3 months and finally crossed the line. So then I would not do something suspicious for the immigration office to think I have intentions to live in the US without the proper authorizations. Since I clearly did not feel very welcomed in the US I did not return again, I did not feel threatened or at risk, but obviously not very welcomed. My grand parents are all Argentineans, if your bf can get a European passport this will definitely will make everything easier.
 

PhilipDT

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With my B1/B2 visa I was allowed to stay a max of 3 months in a row, and a total of 6 months in the year; however, I do not recommend him to be so long there because he might be asked many questions if he stays so long. I'd rather recommend him to stay 2 months in the US, return Argentina (the country he lives), wait for 1 month or more and return again for 2 months. Going the US is very strict for Argentinean immigrants, I got the B1/B2 visa easily and fast but the first question I was asked when I went to the US was: "When are you going home?" :) and It did not sound very kind to me; during five minutes I have been asked the same questions many times since I was going to stay for 3 months and finally crossed the line. So then I would not do something suspicious for the immigration office to think I have intentions to live in the US without the proper authorizations. Since I clearly did not feel very welcomed in the US I did not return again, I did not feel threatened or at risk, but obviously not very welcomed. My grand parents are all Argentineans, if your bf can get a European passport this will definitely will make everything easier.

I'm a US citizen and I get the same attitude from the customs agents. I wouldn't take it personally.
 

ben

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But the OP has posted that her BF has already US visa and has been in the country prior. So unless he has committed, prior infringement there should be no need for fear.

Again, I know people who had had a visa, been in the US multiple times, did a visa run, and were denied entry. I also intimately know people who had actually flown home, and but had been in the country for long periods of time multiple times, provoked suspicions of border officers, and went through quite a traumatic process at the end of which they were sent home and their visa revoked. I am not saying this happens every time, but it is absolutely normal, and given that a married couple normally has much better options, this seems - to me - irresponsible advice to give. That said, everyone is free to choose for themselves. Many people have done imprudent things and everything went OK.

With my B1/B2 visa I was allowed to stay a max of 3 months in a row, and a total of 6 months in the year; however, I do not recommend him to be so long there because he might be asked many questions if he stays so long. I'd rather recommend him to stay 2 months in the US, return Argentina (the country he lives), wait for 1 month or more and return again for 2 months. Going the US is very strict for Argentinean immigrants, I got the B1/B2 visa easily and fast but the first question I was asked when I went to the US was: "When are you going home?" :) and It did not sound very kind to me; during five minutes I have been asked the same questions many times since I was going to stay for 3 months and finally crossed the line. So then I would not do something suspicious for the immigration office to think I have intentions to live in the US without the proper authorizations. Since I clearly did not feel very welcomed in the US I did not return again, I did not feel threatened or at risk, but obviously not very welcomed. My grand parents are all Argentineans, if your bf can get a European passport this will definitely will make everything easier.

Agreed 100% except that Europeans do not necessarily have an easier time than Argentines. In the aggregate, perhaps, but YMMV big time. It ultimately comes down to how the border officer views you as likely to remain in the US illegally, seek employment illegally, and so forth. Everything factors into that - your country of origin, your age, your financial position, your prior history in the US, relatives, etc etc etc. As well subjective factors up to and including the officer's mood that morning, how they liked your face, whatever.

I'm a US citizen and I get the same attitude from the customs agents. I wouldn't take it personally.

Yes, but as a US citizen the stakes for you are much, much lower. You will never have to worry about exclusion from the US. You can afford to not take it personally.
 

bdk1

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Just like Ceviche said, he will get 6 months in a row if he doesn't say anything stupid or suspicious.

Here's the questions that he will be asked...

1. What do you do in Argentina for a living?
2. Why are you here? (if he mentions you, proceed to 4).
3. When was the last time you were here?
4. What does your partner do for a living?
5. How long are you planning to be here?

And most likely a few more questions about your relationship. Honestly, ideally he wouldn't even mention you exist and say he's visiting the US for tourism for a few weeks: that will give him 6 months almost automatically. However, that story will only work if your final destination is either Miami, SF or NYC (an Argentinean will NOT go to Madison, WI for tourism).
 
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