Apply for B2 in a third country

[seanwang 0]

Hi there,

I'd like to collect some ideas from here if any one could give some advice on my situations.

I'm from Taiwan and stayed in the States for about 3 months on a valid ESTA program. Before my stay period is over 3 months, the maximum stay period granted by ESTA, I travelled to Canada and meanwhile, intend to apply for B2 VISA, which may give a legal stay of 6 months.

Under the circumstance, is it a good idea to apply for B2 as a third country national? Will it be more difficult to apply in Canada than in my home country? Is there any supporting documents that will help increase the chance of being granting a B2 VISA?

Your information and experience sharing would be highly appreciated.

[XXXYYYZZZ 20]

Stick to the ESTA program. B2 visa's can be denied and then VWP won't not be available to you. If you use the maximum amount of time on your visa over and over in a short period of time you will be denied entry eventually.

[Penguin_ie 5,988]

I am not sure you can apply for a US tourist visa when you are a tourist in a different country.

Can you explain more why you want to stay in the US for so long? B2s for those who can use the VWP are often denied, as the government wonders why you want to stay so long, and how you can afford it without working ilegally. Maybe we can help you figure out a better visa?

[seanwang 0]

Thanks for your input.

I stayed in the States for almost 3 months already. So, I may not use ESTA, which grants a legal stay for 3 months. That's why I wonder if it's workable to apply for B2 in Canada as a third country national.

I got friends and a sister living in the States. I lived with them for a period of time and meanwhile, I visited a few university campus because I got a plan for further study although I'm aged about 36. I wish to get a B2 VISA and stay for another 3 months.

Would you please advise if it's a good idea to apply for B2 VISA in Canada as a third country national? Is there any supporting documents helpful for my B2 application in a third country?

Thanks a lot.

Edited November 19, 2014 by seanwang

[Jacque67 7,328]

What are your ties to Canada! Do you have a job to return to there? Do you have a residence there? If not, your chances of a B2 being granted in Canad are extremely low. Stick with the ESTA IMO

I applied for a B2 in the UK, where I was born and have family, but was not granted one, due to lack of ties (I have been living in Japan for many years). I got the B2 in Japan after returning there and getting a job.

Edited November 19, 2014 by Jacque67

[seanwang 0]

I got a job in my home country, not in Canada. My mother lives in my home country. Is it a proof of ties with my home country?

I live in my friend's house in Canada. I came here based on Canadian VISA waiver program, which gives a maximumo of 6 months. I plan to apply for a B2 as a third country national.

If I stick to ESTA, I got only 2~3 days left because I used almost 3 months, the maximum stay period granted by ESTA.

So, is it really hard for me to get a B2 VISA in Canada?

[Jacque67 7,328]

Sorry but I think it is. You stand a better chance applying in Taiwan. If you apply in a third country you need ties to that third country, which you don't.

Your 90 days is reset each time you leave and re enter the States on an ESTA. You might be questioned at POE as not many people have jobs that let them take 6 month holidays.

[seanwang 0]

"90 days is reset each time you leave and re enter the States on an ESTA."

According to my understanding, 90 days is the total stay on a valid ESTA. If first time I stayed in the States for, say, 80 days, the second time I may be only be allowed to stay for 10 days only. Am I right?

[Jacque67 7,328]

Sorry. Yes. Apply for a new ESTA, and you will able to enter for another 90days.

[seanwang 0]

Thanks for advice.

Will it be accepted to use ESTA again in such a short time? I mean, I had stayed there for almost 3 months. I left the States for just one week. Now If I apply for ESTA again, is it acceptable to enter the States?

[Merrytooth 5,748]

The rule is to stay outside of US more than inside US.

The CBP officer might question how you could have so much vacation in a year and how you are able to support yourself without resorting to illegal work in US.

And come back to US so soon after a full 90 days VWP visit could raise some questions too that you are abusing the privilege to live in US.

[seanwang 0]

I could show the bank statement and prove how I support my living.

Should I apply for ESTA again if I want to enter the US within one month? I've used about 85 days on the first ESTA.

[Merrytooth 5,748]

https://help.cbp.gov/app/answers/detail/a_id/1126/~/esta---length-of-approval

Your ESTA authorization is generally valid for multiple trips over a period of two years (starting the date that you are approved) or until your passport expires, whichever comes first*. This means that as long as you received an ESTA authorization to travel, you do not have to reapply during the validity period.

If your ESTA expires while in the US it will not affect your departure.

[seanwang 0]

According to my understanding, ESTA authorization is generally valid for multiple trips over a period of two years. But, the total stay period cannot exceed 90 days regardless of multiple trips.

So, do I need to re-apply for ESTA, if I already stayed there for about 87 days, close to the maximum amount of time, 90 days? Will my entry be rejected due to high freqency of applying for ESTA?

[seanwang 0]

Do I need to re-apply for a new ESTA?

My VISA application had been rejected once in my home country. Will it be affected to my second time ESTA application?

Thanks.