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Maranda

Question on VWP Visitor Visiting a B2 Visitor

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Hello all;

I've been reading up tonight on visiting versus intent to immigrate and raised a red flag in my own mind - hoping for some input on whether or not this is something to worry about. Here's what's happening -

My boyfriend (Netherlands) has visited me in the States twice now. First time, 3 weeks, last summer. Second time, 86 days, last fall. Both times on VWP. Detroit Metro airport. The second time he flew in, I had been visiting him in the Netherlands, and we both flew back together. We weren't exactly "detained" in Customs, but we were thoroughly searched and questioned about our relationship - apparently CBP was concerned he was returning so soon and planning to stay for so long, etc. etc. Anyway, he was informed that next time he came over, he should get a B2 visa and then he'd face no problems getting through at the border.

Okay, DONE. I flew back to Netherlands with him in late November, we went to Amsterdam together and got his B2 at the end of December.

We're flying back to the States together again on February 26th, with his B2 visa in passport. He'll be staying for nearly 6 months, February 26th through August 20th.

Now...

We invited his dad to come spend a month with us in the States this coming summer. So, his dad got his passport, scheduled his time off work, and bought his plane tickets (May 28th through June 25) last week. He's extremely excited for the chance to visit the States, and we're looking forward to being able to show him around.

Now - sorry for the lengthy backstory, here is what I'd like to know:

Boyfriend's dad will be a VWP visitor, visiting his son, who is in the States on a B2 visa.

I've read in a lot of cases, mothers, fathers, and other close relatives sometimes have a hard time getting through Customs to visit their children, or get denied entry altogether, if they fail to show strong ties to their home country. My boyfriend and I aren't married yet, and we don't have the intention to get married anytime soon, so perhaps it won't be an issue to begin with. But, his dad rents his home, works only part-time, doesn't have any other close relatives here. Do you think it's necessary for him to come up with evidence of ties to the Netherlands for his visit, or should we not worry about it?

Thank you in advance for any input on the situation, and my apology in advance if this seems like a stupid question... I just want to make sure he's prepared for everything while we're still here to help him prepare (and understand) it.


AOS from Marriage on B2 ~ Full & Detailed Timeline in My Profile

  • Married in Las Vegas - 5.11.11
  • Greencard received - 11.18.11
  • Removing of Conditions - package mailed 10.9.13
  • Greencard received - 1.23.14
  • Naturalization - package mailed 4.26.16
  • Oath ceremony - 3.28.17
  • Petition Alien Relative (Father Abroad) - package mailed 7.14.17
  • Check cashed - 7.21.17
  • NOA1 (I-797C receipt dated 7.18) received - 7.27.17
  • NOA2 (approval, dated 1.31) received - 2.5.18

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Filed: Citizen (apr) Country: Canada
Timeline

It's always good to bring ties. You might need them and if you don't, then no problems

Good luck


USCIS
August 12, 2008 - petition sent
August 16, 2008 - NOA-1
February 10, 2009 - NOA-2
178 DAYS FROM NOA-1


NVC
February 13, 2009 - NVC case number assigned
March 12, 2009 - Case Complete
25 DAY TRIP THROUGH NVC


Medical
May 4, 2009


Interview
May, 26, 2009


POE - June 20, 2009 Toronto - Atlanta, GA

Removal of Conditions
Filed - April 14, 2011
Biometrics - June 2, 2011 (early)
Approval - November 9, 2011
209 DAY TRIP TO REMOVE CONDITIONS

Citizenship

April 29, 2013 - NOA1 for petition received

September 10, 2013 Interview - decision could not be made.

April 15, 2014 APPROVED. Wait for oath ceremony

Waited...

September 29, 2015 - sent letter to senator.

October 16, 2015 - US Citizen

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It's always good to bring ties. You might need them and if you don't, then no problems

Good luck

That's true. Thank you! I suppose the hard part then will be finding ties to prove... like I said, he doesn't own his home, no other relatives here (boyfriend is his only son), and a part-time job he's only been at for a few months now. Hmmm.


AOS from Marriage on B2 ~ Full & Detailed Timeline in My Profile

  • Married in Las Vegas - 5.11.11
  • Greencard received - 11.18.11
  • Removing of Conditions - package mailed 10.9.13
  • Greencard received - 1.23.14
  • Naturalization - package mailed 4.26.16
  • Oath ceremony - 3.28.17
  • Petition Alien Relative (Father Abroad) - package mailed 7.14.17
  • Check cashed - 7.21.17
  • NOA1 (I-797C receipt dated 7.18) received - 7.27.17
  • NOA2 (approval, dated 1.31) received - 2.5.18

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That's true. Thank you! I suppose the hard part then will be finding ties to prove... like I said, he doesn't own his home, no other relatives here (boyfriend is his only son), and a part-time job he's only been at for a few months now. Hmmm.

Your boyfriend's father has no immigration path available to him, so I would not worry about it. Even if you were to get married, and your bf would get Permanent Resident Status, he cannot petition for his father. CPB will probably just see a Dutch national and say "have a great trip!" Your boyfriend's father has no real reason to stay here, or possible way to stay here legally. Your boyfriend, on the other hand, could become your husband and they don't want people using the VWP to immigrate here. I think that's the issue you had. I guess your boyfriend's father could bring ties just in case, but he shouldn't need it. Nationals of countries who participate in the VWP are allowed to come here for holiday. Good luck.


AOS for my husband
8/17/10: INTERVIEW DAY (day 123) APPROVED!!

ROC:
5/23/12: Sent out package
2/06/13: APPROVED!

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Filed: Other Timeline

Concur with Harpa Timsah.

BTW, the B2 was a brave move, and I would have called it a stupid move had they not given your BF one. Understand that few people can afford a vacation lasting longer than 90 days, so not only the question "how" arises, but also "why" when explaining the need for a B2.

If a B2 application is denied, the applicant cannot use the VWP anymore. In English: no more US trips until an immigrant visa has been issued. Therefore I usually advise against applying for a B2, although I understand that Holland is one of the "easier" countries to get one.


There is no room in this country for hyphenated Americanism. When I refer to hyphenated Americans, I do not refer to naturalized Americans. Some of the very best Americans I have ever known were naturalized Americans, Americans born abroad. But a hyphenated American is not an American at all . . . . The one absolutely certain way of bringing this nation to ruin, of preventing all possibility of its continuing to be a nation at all, would be to permit it to become a tangle of squabbling nationalities, an intricate knot of German-Americans, Irish-Americans, English-Americans, French-Americans, Scandinavian-Americans or Italian-Americans, each preserving its separate nationality, each at heart feeling more sympathy with Europeans of that nationality, than with the other citizens of the American Republic . . . . There is no such thing as a hyphenated American who is a good American. The only man who is a good American is the man who is an American and nothing else.

President Teddy Roosevelt on Columbus Day 1915

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Harpa and Bob, thank you both very much for the insight, it is definitely appreciated. We're thinking at this point we'll help him get some basic things around to prove where he lives and works, and a bank statement and such. Even if he isn't questioned or doesn't need it, better safe than sorry.

And Bob - we'd done a lot of research on the B2 before he applied, but somehow apparently I'd missed the part about not being able to use the VWP if denied. In retrospect, had we known that, we probably wouldn't have left it up to chance. However, all I can say NOW is that we're SO THANKFUL that he got it without problem. Actually, considering he lives with his dad, quit his job last year before he came to the States for his 3-month VWP visit, and really has no clear ties to the Netherlands as it stands right now, we went for the B2 understanding fully well that he likely wouldn't get it, based on all the experiences I've read about on this site, but figured (WRONGLY, I know now) that there was no harm in trying.

But, his interview lasted about 5 minutes and was painless. See, on his last trip to the States with me, he won a major jackpot at a casino, and opened a bank account in my city. So when the interviewer asked him how he was supporting himself without a job, and how he planned to support himself for 6 months in the States, he explained that. The interviewer requested an emailed copy of the American bank statement to verify the story, which we did the same day, and simple as that, his visa/passport came back in the mail a few days later. He had taken all sorts of paperwork to prove things and didn't need any of it, just proof of finances.

The interviewer also asked him about our relationship status, of course, and asked if we were planning to get married and have him immigrate to the States soon. He replied that we were planning to do that eventually, but we knew the proper ways and had considered a K1. Then, out of nowhere, the interviewer mentioned "You guys could have just gone out to Vegas last fall and got married." ... I don't know if that was some sort of trap or trick question kind of thing, but definitely unexpected advice to hear at an Embassy! :lol:

Anyway, thanks again for the advice about Arnold's dad. I surely don't anticipate any problems, but thought I'd ask just in case.


AOS from Marriage on B2 ~ Full & Detailed Timeline in My Profile

  • Married in Las Vegas - 5.11.11
  • Greencard received - 11.18.11
  • Removing of Conditions - package mailed 10.9.13
  • Greencard received - 1.23.14
  • Naturalization - package mailed 4.26.16
  • Oath ceremony - 3.28.17
  • Petition Alien Relative (Father Abroad) - package mailed 7.14.17
  • Check cashed - 7.21.17
  • NOA1 (I-797C receipt dated 7.18) received - 7.27.17
  • NOA2 (approval, dated 1.31) received - 2.5.18

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