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Immigration Issues/90 day rule and US re-entry


Sorry, this is a long question...I have a fiance' in Italy, she has a valid passport, and I understand she can stay in the US no longer than 90 days with this. I want to bring her over here asap to get married (like within a couple weeks from now). But here is the rub; my divorce is not final, and its a gamble to know if it will be 'official' within my fiance's 90 day window. So, here's the Q...if it looks like she needs to stay longer than 90 days, can she leave the US for at least a day, and then re-enter for another 90 day stay? I'm talking about her and I going into Canada for a weekend, then both of us coming back in. Will they give her another 90 day stay when we come back across the border? Any help with this is so greatly appreciated!!!

Yes. She will be able to make a brief trip to Canada and then return with a new 90 day period. However, immigration is very suspicious of this so you need to make sure she acts normally. Spends some time in Canada, does tourist things etc. Not a trip to Canada and 30 minutes later back to the USA.

Good luck.

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Alexander J. Hay


I am a U.S. lawyer with offices in Houston, Texas and in Belize. I can answer questions on U.S. Immigration, U.S. corporate law, and Offshore Tax and Asset Planning.
If you are on an H or L visa I am NOT GOING TO ANSWER your questions since they are usually highly fact oriented, and also you have a company attorney handling the whole thing. Call your own attorney please! If you disregard this request, don't be surprised if I answer with "homework question".


I am a U.S. attorney with offices in the United States and Belize. I have experience helping to protect assets, reduce taxes, and improve investment performance by utilizing global investment techniques.

Harvard University, A.B. degree; University of Houston Law Center, J.D. Degree; Fulbright Scholar

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