If my girlfriend crosses the Mexican border will she be issued a new I-94?

[Virus4762]

I'm a US citizen with a Chinese girlfriend. My girlfriend's current I-94 expires at the end of August but her B1 visa doesn't expire until February 2013. If she and I cross the Mexican border (Nuevo Loredo) and re-enter the US will she be issued a new I-94?


- Thanks




***We've already looked into form I-539 but things didn't work out

[mickey_mouse]

No. From the CBP web:

"In general, if you have been admitted to the United States under most visa classifications if you take a short trip (30 days or less) to Canada or Mexico, you may retain your I-94/I-94W, so that when you resume your visit to the United States you are readmitted for the balance of the time remaining on your I-94/I-94W."

So - she should leave before the date on her I-94. Or marry her and apply for AOS.

I'm a US citizen with a Chinese girlfriend. My girlfriend's current I-94 expires at the end of August but her B1 visa doesn't expire until February 2013. If she and I cross the Mexican border (Nuevo Loredo) and re-enter the US will she be issued a new I-94?


- Thanks




***We've already looked into form I-539 but things didn't work out

[Virus4762]

No. From the CBP web:

"In general, if you have been admitted to the United States under most visa classifications if you take a short trip (30 days or less) to Canada or Mexico, you may retain your I-94/I-94W, so that when you resume your visit to the United States you are readmitted for the balance of the time remaining on your I-94/I-94W."

So - she should leave before the date on her I-94. Or marry her and apply for AOS.

So obviously that's just a polite way of saying you have to retain? You don't think if we demanded a new one they would give us one? We've thought about getting married but I've read that once she gets here AOS she'd have to stay in the US permanently which is something neither of us want (we want to spend much of the future in China).

[mickey_mouse]

So obviously that's just a polite way of saying you have to retain? You don't think if we demanded a new one they would give us one? We've thought about getting married but I've read that once she gets here AOS she'd have to stay in the US permanently which is something neither of us want (we want to spend much of the future in China).

No, they won't give you one. And if you try to surrender it, airline won't accept it. And if they did, on her way back, she would face additional scrutiny, maybe even denied entry.

You cannot have it all - either she's your girlfriend, and comes visit you, and goes back to her country, or she's your wife and lives with you here.

Of course, you're free to give it a try and see what happens. But doing what you're trying to do (go to MX or CA for a short visit, only to get a new I94 that would extend her stay) is old trick - doomed to fail.

[Virus4762]

No, they won't give you one. And if you try to surrender it, airline won't accept it.

We'd be crossing the border on foot. Would that make any difference?

[mickey_mouse]

We'd be crossing the border on foot. Would that make any difference?

Yes - you will arrive tired.

I hope you understand that you won't get the answer you're looking for. Even if your gf was to leave the US for China and come back within a month - she chances being denied entry or, if admitted, being given a shorter stay - 30 or 60 days. And if she tries again the same trick, being denied entry.

Don't keep asking the same question hoping for the answer to change - it's a bit childish, to be honest.