ESTA / B2 Visa Help

[domril 0]

So I'm due to move to the US this Sunday to work in San Francisco on an L1 visa. My girlfriend is going to accompany me to the states at the moment on an ESTA, for it's three month period.

What would you recommend telling the Immigration officer at the port of entry? Be honest that she's coming to California to stay with her boyfriend? She isn't going to be working at all, and has enough funds to support herself for more than a year.

After the ESTA is complete, she plans to go home for around 3-4 weeks and apply for a B2 visa (6 months) during this time period. Is it likely she'll get this?

Thanks in advance everyone,

Dom

[Kastrs 723]

A B2 visa is for VISITING the US not LIVING in the US, it seems your GF has no strong ties to your home country so her basis for approval for a visit visa are quite slim. Also if she is denied the B2, then she will not be able to use the ESTA for visiting.

And myself along with everyone on this site would always tell you to be honest in your answers.

[Transborderwife 4,666]

A b2 in a vwp country is unlikely

[canadian_wife 1,831]

What job does she have where she can travel to the U.S. for 90 days, return home for a month, then return for 180 days? Clearly her ties to the U.K. are lacking which is a necessity for entrance into the U.S. and to be granted a B visa.

Further, tourist visas are for visiting, it seems like your girlfriend wants to live with you in the U.S.

Good luck

[Harpa Timsah 13,260]

If she is denied the B2, then she also can't use the VWP anymore, most likely. They will ask why she needs 6 months instead of 90 days, and her answer won't be too satisfactory.

[domril 0]

Thanks for the replies guys,

She currently is a freelancer and has saved up enough wages for a year or so, so financially can support herself and wants to travel while she's in the US also.

Would this help?

Thanks

Dom

She is intending for it to be a break from work, like a sabbatical.

[Boiler 47,530]

So I'm due to move to the US this Sunday to work in San Francisco on an L1 visa. My girlfriend is going to accompany me to the states at the moment on an ESTA, for it's three month period.

What would you recommend telling the Immigration officer at the port of entry? Be honest that she's coming to California to stay with her boyfriend? She isn't going to be working at all, and has enough funds to support herself for more than a year.

After the ESTA is complete, she plans to go home for around 3-4 weeks and apply for a B2 visa (6 months) during this time period. Is it likely she'll get this?

Thanks in advance everyone,

Dom

You mean the VWP, not ESTA.

I would take the same information that you will need for the B2 Cohabitation Visa, would have been more logical to have got that first but a bit late now.

I doubt it will be an issue.

Suggest you look at interview appointments well in advance.

L2 is obviously more logical.

[domril 0]

You mean the VWP, not ESTA.

I would take the same information that you will need for the B2 Cohabitation Visa, would have been more logical to have got that first but a bit late now.

I doubt it will be an issue.

Suggest you look at interview appointments well in advance.

L2 is obviously more logical.

Thanks for this.

Ideally we'll be getting married soon so she can achieve L2 status. Yes, she'll be travelling under the VWP. Would it be likely she can return on this again for further stints? She has proof of financial independence as per required.

Dom

[Boiler 47,530]

The B2 has a cohabitation option, the VWP does not.

L2 is pretty quick to get, you can get married very quickly and with your L that is about it. And she can work.

One thing whilst I think about it, what will she do for Health Insurance?

[yuna628 9,881]

I hope you will not be offended by my frankness here..

VWP is for visiting, and it is an important privilege that should not be abused or have even the slightest hint of abuse. Because once it's gone, it's gone.. and things start to get very complicated. Since it is for visiting, the person using the VWP should not be using it for extremely frequent visits, so that they are spending more time in the US then they are in their home country. It is also likely that a person with VWP that attempts to obtain a B2 will be denied, because A) they have VWP privileges already and B) what does a person need more than 90 days to visit the US anyway? Unfortunately I don't believe your gf has what would appear to the CBP, very good ties to home. Yes I'm sure she has money to support herself, but you will enter into the domain of the CBP who will have a lot of questions. Freelancing doesn't exactly provide an example of a work environment that she must return to or home ownership. It kind of sounds like she wants to take a big break and live with you while you're in the US for a while.. and that's not really what the VWP or visiting visas are for. If she's using the VWP to visit you (remember an ESTA is just a pre-clearance background check form that gets you on the plane and VWP gets you to the CBP officers and they decide if you enter), she would need to space any visits out with a good length of time (a month or two is not good enough most likely) spent back home before she considered returning for another visit. Perhaps there is a different method that may work for your situation as Boiler suggests.

[Penguin_ie 6,000]

We are all just guessing here on the likelyhood of her being allowed in, getting a B2 etc... my guess:

She will be allowed in with the VWP, assuming she has a valid return ticket. Be sure to allow some wiggle room- the VWP allows a 90 days stay, NOT 3 months (3 months is usually around 92 days, which means she'd overstay), so have her go home on day 87 just in case there are travel delays.

I do not think she will get a B2 as a tourist visa- a combination of wanting one after spending a full 90 days on the VWP, so shortly after doing so, and not having a compelling reason to need one, being able to travel on the VWP. She MAY get a B2 as a co-habiting visa with your L1, but getting married would definitely make things easier, and more guaranteed.

[Boiler 47,530]

We are all just guessing here on the likelyhood of her being allowed in, getting a B2 etc... my guess:

She will be allowed in with the VWP, assuming she has a valid return ticket. Be sure to allow some wiggle room- the VWP allows a 90 days stay, NOT 3 months (3 months is usually around 92 days, which means she'd overstay), so have her go home on day 87 just in case there are travel delays.

I do not think she will get a B2 as a tourist visa- a combination of wanting one after spending a full 90 days on the VWP, so shortly after doing so, and not having a compelling reason to need one, being able to travel on the VWP. She MAY get a B2 as a co-habiting visa with your L1, but getting married would definitely make things easier, and more guaranteed.

The only time I have seen a B2 refused in this situation was where they had not been cohabitating previously.

[Pennycat 880]

Thanks for this.

Ideally we'll be getting married soon so she can achieve L2 status. Yes, she'll be travelling under the VWP. Would it be likely she can return on this again for further stints? She has proof of financial independence as per required.

Dom

The ability to pay for her trip and not work in the US is only one part of the requirements of using VWP and in getting a B2 visa. For the B2 especially, you must demonstrate your intent to depart the US by the end of your authorized stay. Assurances from yourself or the people you are visiting and/or being from a privileged country don't count as intent. You have to clearly demonstrate close ties with your home country (owning property, employment etc). Generally having close ties in the US (like a romantic partner who lives there) counts against you for a B2-- your ties to your home country must overcome the ties to the US. The fact that she's financially independent to not need to work could actually be seen as a negative (because you provide incentive to overstay, and the money provides the ability).

From what I understand, people from VWP countries face a more difficult time in getting B2s for exactly this combination of factors-- if you're a legitimate "visitor" (rather than a de-facto immigrant), why is 3 months not enough? And if you can afford more than 3 months outside of your home country, your ties to your home country may not be sufficiently strong to be eligible for the B2. A catch 22 for sure, but a downside (the only downside?) of being able to travel visa-free.

Your best course of action is to forget the B2 (because I agree with others that it's not overly likely she'd get one), do NOT lie at customs. Be honest about visiting a boyfriend (this could seriously bite her in the butt later on if she does), get married sooner than later and go for the L2.

[Boiler 47,530]

The ability to pay for her trip and not work in the US is only one part of the requirements of using VWP and in getting a B2 visa. For the B2 especially, you must demonstrate your intent to depart the US by the end of your authorized stay. Assurances from yourself or the people you are visiting and/or being from a privileged country don't count as intent. You have to clearly demonstrate close ties with your home country (owning property, employment etc). Generally having close ties in the US (like a romantic partner who lives there) counts against you for a B2-- your ties to your home country must overcome the ties to the US. The fact that she's financially independent to not need to work could actually be seen as a negative (because you provide incentive to overstay, and the money provides the ability).

From what I understand, people from VWP countries face a more difficult time in getting B2s for exactly this combination of factors-- if you're a legitimate "visitor" (rather than a de-facto immigrant), why is 3 months not enough? And if you can afford more than 3 months outside of your home country, your ties to your home country may not be sufficiently strong to be eligible for the B2. A catch 22 for sure, but a downside (the only downside?) of being able to travel visa-free.

Your best course of action is to forget the B2 (because I agree with others that it's not overly likely she'd get one), do NOT lie at customs. Be honest about visiting a boyfriend (this could seriously bite her in the butt later on if she does), get married sooner than later and go for the L2.

I presume you missed the reference B2 Cohabitation.

[Pennycat 880]

I presume you missed the reference B2 Cohabitation.

OP didn't mention. I'm not familiar with that use of it, and if they're eligible then go for it (a quick read shows that they still have to demonstrate residence and ties abroad). They'd still run the same risk of losing VWP if it's denied and absolutely should not lie at POE for risk of messing up B2 or L2, yes?