AboutAjay K. Arora Expertise My law practice is focused exclusively on employment and family-based Immigration Law. Expertise in various immigration categories includes the following: H-1B, L-1, O-1, PERM (labor certification), EB-1 to EB-3 I-140 petitions, family or fiance(e) or spousal sponsorship, visa extension or change of status, adjustment of status, etc.
Experience Ajay K. Arora attended Pennsylvania State University and the University of Wales at Swansea (United Kingdom), and earned his law degree at Temple University School of Law, Philadelphia, in 1993. Mr. Arora has practiced Immigration Law since graduation and is a member of the American Immigration Lawyers Association since 1995.
Expert: Ajay K. Arora Date: 5/11/2008 Subject: 90 day rule and US re-entry
Question 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!!!
Answer Hi,
You are correct that entry to the U.S. made under the visa waiver program cannot be extended within the U.S. The visa waiver program is for entry to the U.S. for 90 days for certain nationals, including those from Italy.
A nonimmigrant intent must still be shown when entering the U.S. Therefore, if your fiance stays for close to the full 90 days, and then departs the U.S. to Canada for only a day or two and then presents herself to a port-of-entry into the U.S. again, the immigration inspector at the port-of-entry may have questions about the purpose of her trip to the U.S., how she is supporting herself financially in the U.S., whether she plans on residing in the U.S. (perhaps through marriage to a U.S. citizen), whether there is a job waiting for her in her home country, etc. An "incorrect" answer could bar her from entering the U.S.
If she is engaged to you, an application for K-1 visa should be considered. You would file this petition with the USCIS, and your fiance would apply for the K-1 visa at a U.S. Consulate in her home country: http://www.uscis.gov/files/article/A2.pdf
