Needing advice on B2 Visa

[Bear093 10]

Hello everyone,

 

 

   I'm writing this for a friend since my English is a little better. We have kind of ran into a road block.

 

She has been an au pair from France for 2 years. She currently has her J1 visa but it will expire on Oct 10th this year. We have been to an attorney and he gave us some options. We were told she would have to exit the united states in order to get an ESTA. We are trying to avoid her having to leave the states. 

 

The attorney said she could apply for a B2 visa while she is here in the united states. When I look on other sites they are saying she will need to go back to France to apply and wait. I'm so confused on what to do and who is right.

 

Does anyone have any advice on B2 visas and if she can apply here in the states? Or any other options on visas?

 

The attorney made it sound like her best option was to marry a citizenship, but jeez youd think there would be a different route.

 

Shes also spoke about becoming a student but has no way to pay out of pocket, and the H1B visas will only work for bachelor degrees and so forth.

 

My understanding for green cards is a 3 year wait. It just seems crazy and I feel helpless for her...

[geowrian 22,336]

To get any visa, or to use an ESTA or enter via the VWP, she must exit the US. There are no US consulates within the US to issue a visa.

 

Technically she can apply for a Change of Status (COS) within the US to B-2 status, although this is a one-and-done thing and requires a decently strong case. On what basis does she want to visit after staying in the US for 2 years? That's a very tough sell. It sounds like she wants to stay in the US by any means...why?

Also, a denial of any visa basically means she likely won't even be able to use the VWP for at least some years.

Honestly, best thing is to go home, spend some time there, apply for an ESTA, then visit for up to 90 days at a time...spending more time back home than in the US.

Edited September 10, 2019 by geowrian

[JFH 12,189]

18 minutes ago, Bear093 said:

but jeez youd think there would be a different route.

 

My understanding for green cards is a 3 year wait. It just seems crazy and I feel helpless for her...

Why should there be a different route? You can’t just stay here just because you want to.

 

There are many things in life we want but we can’t have. What is the purpose of applying for a B-2? That’s a tourist visa but it sounds like she wants to stay permanently. Not possible without a valid path to immigration. 

[Bear093 10]

Thank you for the reply geowrian.

 

What is the VWP? If she applies for COS and they deny her that will deny her visas in the near future? Or is it just 'no but you can apply for a Visa once you go back '

 

She wants to stay because she likes it and has found someone she has been with for over a year. Just not ready for marriage. 

 

She has a friend from Germany that was an au pair and went back to Germany to get her ESTA and does that literally every three months until they get married.

 

Another au pair from Brazil is being sponsored by her host family after she is finished as an au pair. I'm not too sure how that works but there seems to be a lot of work arounds... and I was hoping to hear some good news 😕

[Bear093 10]

1 minute ago, JFH said:

 That’s a tourist visa but it sounds like she wants to stay permanently. Not possible without a valid path to immigration. 

Yeah .... I'm aware of that. Thanks.

[geowrian 22,336]

6 minutes ago, Bear093 said:

What is the VWP? If she applies for COS and they deny her that will deny her visas in the near future? Or is it just 'no but you can apply for a Visa once you go back '

 

She wants to stay because she likes it and has found someone she has been with for over a year. Just not ready for marriage.

VWP = Visa Waiver Program. It's how certain citizens can enter the US without a visa for up to 90 days. They need an ESTA to board the aircraft still, but it's a simple online application. It's how most people from France visit the US (they don't apply for B-2 visas).

A denial of any visa or COS will likely mean the use of the VWP goes away for at least some years. The reason for denial matters, but almost certainly it would be due to 214(b) - immigrant intent. That by far is the most common one and there is a required presumption of having immigrant intent when appling for a visa.

 

Gotcha. I kinda figured there was an SO. It's a very common situation.

Unfortunately, though, that is still not a reason to stay. I have to agree that returning home and using the VWP for shorter visits is the best option. Anything else is risky and may result in being unable to visit at all.

A bird in the hand is worth 2 in the bush.

Edited September 10, 2019 by geowrian

[Bear093 10]

Thanks again geowrian. Was hoping for some better news but I'll pass it along to her.

I guess we could just get married 🤷🏻‍♂️ lol

[Unlockable 7,309]

20 minutes ago, Bear093 said:

She wants to stay because she likes it and has found someone she has been with for over a year. Just not ready for marriage. 

 

Happens more than you think my friend. Long distance relationships are already hard. Add immigration to the mix and you are in a whole new ballgame. This is one of life's curveballs they are going to have to deal with.

 

Quote

 We are trying to avoid her having to leave the states. 

It is not likely to happen without marriage. And to be honest, she knew that she would eventually have to return home when her time was up here. It should be so much of a shock to her. She accepted the terms of her program. It isn't a "you can stay if you like" type of program. In fat, they try to make sure nonimmigrant visa holders are aware of this.

 

There are millions, maybe even billions, of people in the world that would like to come to the US. People can't just say "I want to stay here" without due process.

 

Hope it works out for your friend but she really should have been prepared for this. It doesn't mean she will never be able to return in the future.

Quote

I guess we could just get married 🤷🏻‍♂️ lol

 

 

The way you were wording you previous post it was as it was a friend of yours. Now you want to marry her? Are you the SO?

 

 

 

 

Edited September 10, 2019 by Unlockable

[JFH 12,189]

17 minutes ago, Bear093 said:

Thank you for the reply geowrian.

 

What is the VWP? If she applies for COS and they deny her that will deny her visas in the near future? Or is it just 'no but you can apply for a Visa once you go back '

 

She wants to stay because she likes it and has found someone she has been with for over a year. Just not ready for marriage. 

 

She has a friend from Germany that was an au pair and went back to Germany to get her ESTA and does that literally every three months until they get married.

 

Another au pair from Brazil is being sponsored by her host family after she is finished as an au pair. I'm not too sure how that works but there seems to be a lot of work arounds... and I was hoping to hear some good news 😕

People get away with things all the time. Doesn’t mean it’s right. Unfortunately there’s no “I like you, let’s hang out for a while” visa. You have to be either married or about to marry. France May offer a partner visa (the UK does, for example, so they do exist). This might be their option to be together. If it’s all about being together what does the location matter? 

 

Using the VWP for back-to-back 90-day visits is very risky business. It might work twice, three times if you are insanely lucky. After that, CBP can see that you are using it to live here in 90-day installments and the plug will be pulled. 

 

We all survived separation and long-distance relationships. Not one of us has died due to being apart yet. 

[Crazy Cat 39,831]

30 minutes ago, Bear093 said:

She wants to stay because she likes it and has found someone she has been with for over a year. Just not ready for marriage. 

Short of marriage, it will be difficult.........separation is usually part of the immigration process......It isn't fun, but it can be done......good luck.

Edited September 10, 2019 by missileman

[Bear093 10]

8 minutes ago, JFH said:

People get away with things all the time. Doesn’t mean it’s right. Unfortunately there’s no “I like you, let’s hang out for a while” visa. You have to be either married or about to marry. France May offer a partner visa (the UK does, for example, so they do exist). This might be their option to be together. If it’s all about being together what does the location matter? 

 

Never heard of a partner visa. I'll have to look into it. Of course the location matters when you want to be together?? Lol

9 minutes ago, JFH said:

 

Using the VWP for back-to-back 90-day visits is very risky business. It might work twice, three times if you are insanely lucky. After that, CBP can see that you are using it to live here in 90-day installments and the plug will be pulled. 

 

Shes done it back to back 5x 

[Bear093 10]

7 minutes ago, missileman said:

That isn't a very good reason in my opinion.  .....marriage to gain immigration benefits is fraud......

 

"WE" could just get married.......????  Separation was a necessity for most of us.  It can be done....good luck...

It's not fraud when the relationship is legitimate,  partner

[geowrian 22,336]

2 minutes ago, Bear093 said:

Shes done it back to back 5x 

Sixth time is the charm? Who knows when, but they do actually catch on to this then the VWP days will be over. Five times is beating the odds already.

[Bear093 10]

13 minutes ago, Unlockable said:

People can't just say "I want to stay here" without due process.

 

 

 

 

Thats the thing... she wants to go through the process, but the way into the united states is kind of ridiculous. 

3 years just to get a green card review? Pfft.

[Crazy Cat 39,831]

2 minutes ago, Bear093 said:

It's not fraud when the relationship is legitimate,  partner

No one will argue with that........

1 minute ago, Bear093 said:

3 years just to get a green card review

3 years?   Where did you get that information?