B1/B2 Visa instead of ESTA ??

[igoyougoduke 1,604]

10 hours ago, ytw95 said:

Hi guys,

 

I want to ask if I'm eligible ( BRITISH SPOUSE) to apply for B1/B2 visitors visa to see my LPR husband instead of using ESTA?

 

I know this is not conventional but im curious because B1/B2 allow for longer visit ... 

 

Thank you!

 

 

Why would you want to apply B1/B2 when ESTA is available ?  No one applies for B1/B2 unless their ESTA is revoked 

[Wuozopo 4,285]

9 hours ago, ytw95 said:

Oh WOW really....Damn....That sounds risky, I guess I'll stick with ESTA for now then....Thank you!

Best plan! My experience keeping up with London is they deny tourist visas often when people are eligible for ESTA. Many complain they had no chance to even discuss it or present evidence. Just a quick No. 

[Boiler 43,433]

What evidence? This often gets mentioned but I have never seen any good examples.

[retheem 553]

11 hours ago, ytw95 said:

Hi guys,

 

I want to ask if I'm eligible ( BRITISH SPOUSE) to apply for B1/B2 visitors visa to see my LPR husband instead of using ESTA?

 

I know this is not conventional but im curious because B1/B2 allow for longer visit ... 

 

Thank you!

 

 

Don't apply for a B1/B2. If you apply and are denied, you will lose your ESTA

[Boiler 43,433]

3 minutes ago, retheem said:

Don't apply for a B1/B2. If you apply and are denied, you will lose your ESTA

May, would need to reapply, and for a time, usually.

[JFH 12,189]

11 hours ago, Unlockable said:

Anybody is eligible to apply.

 

But you should be more concerned on a denial. Because a denial of a B2 will mean you will lose your ESTA. Because as per the ESTA it is obligated that you are screened for ANY denied visas to the US. And a denied B2 makes you ineligible to have an ESTA. Then you won't have any way of seeing your husband.

A denied B-2 does not make one ineligible for the VWP for life. It is possible to obtain an ESTA approval following a denied B-2 but it would take a few years, which is not ideal for the OP. 
 

What will cause the loss of the VWP privilege for life is an overstay, even of an hour, on any visa. 
 

I agree that applying for a B-2 merely to get more time with the husband is unlikely to be successful. The VWP is a privilege people in other countries can only dream of. My advice to anyone wanting to apply for a B-2 just for longer visits is “don’t push your luck”. The OP is almost certainly close to the edge with CBP’s definition of “occasional visits” with the numbers of days spent here thus far. It’s going to get harder and harder to convince them that she’s not living here in 90-day installments with occasional trips back to the UK. She also needs to research the physical presence rules with the IRS. 

[ytw95 3]

20 minutes ago, JFH said:

A denied B-2 does not make one ineligible for the VWP for life. It is possible to obtain an ESTA approval following a denied B-2 but it would take a few years, which is not ideal for the OP. 
 

What will cause the loss of the VWP privilege for life is an overstay, even of an hour, on any visa. 
 

I agree that applying for a B-2 merely to get more time with the husband is unlikely to be successful. The VWP is a privilege people in other countries can only dream of. My advice to anyone wanting to apply for a B-2 just for longer visits is “don’t push your luck”. The OP is almost certainly close to the edge with CBP’s definition of “occasional visits” with the numbers of days spent here thus far. It’s going to get harder and harder to convince them that she’s not living here in 90-day installments with occasional trips back to the UK. She also needs to research the physical presence rules with the IRS. 

My trip has been 77 days, 64 days hence makes up 141 days so far in 2020. I would like to visit again (currently reconsidering ) in mid December again til mid Feb but I think that might not look good :( and thanks i just looked up the rule, its basically saying I can only stay for 183 days without paying taxes right? So I guess that won't look good to Cbp officers...

[Boiler 43,433]

US is the land of the 2 week holiday

[SusieQQQ 11,584]

37 minutes ago, ytw95 said:

My trip has been 77 days, 64 days hence makes up 141 days so far in 2020.

It’s not just “141 days” you need to look at 

11 hours ago, ytw95 said:

. I plan to visit my husband again from mid Dec to mid Feb for 2 months. My prior visitations in 2020 are 29/01-14/04 & 04/08-06/10 which total up to 141 days. Do you think my next visit will be problematic ? 

You need to look at it as: in for 2.5 months, out for just under 4 (that’s kind of ok but likely also COVID travel hassle related) then back for 2 then out for 2 then back for 2... its flirting with 6 months, half, of a rolling year being in. To paraphrase an earlier question by boiler into statement form, it is not really looking like you have solid ties in the UK with that kind of travel record, and that alone is a reason for them to start questioning.

Edited October 17, 2020 by SusieQQQ

[SusieQQQ 11,584]

Also back to the idea of a B2, your husband is an LPR, correct? That means you cannot actually adjust from entering on a VWP. Applying for a B might raise suspicion you plan to use it to enter and adjust status when your petition is approved rather than wait for a F2A visa appointment (which are currently banned).

Edited October 17, 2020 by SusieQQQ

[HRQX 4,145]

9 hours ago, SusieQQQ said:

And yes it’s correct your i130 needs to be approved to file AOS. The poster who suggested adjusting may have missed that you’re filed under F2A.

That is incorrect. The I-130 for F2A can be pending when I-485 is filed since F2A is Current.

 

But during that trip OP was VWP visitor, so couldn't adjust.

[ytw95 3]

13 minutes ago, SusieQQQ said:

Also back to the idea of a B2, your husband is an LPR, correct? That means you cannot actually adjust from entering on a VWP. Applying for a B might raise suspicion you plan to use it to enter and adjust status when your petition is approved rather than wait for a F2A visa appointment (which are currently banned).

Questions for B visas are already been quashed,  its obviously not worth it. And no I don't have any intention to take a short cut or play the system. It's just that we've been long distance since 2014 and its hard. Meanwhile I'm doing my postgrad online so I can study anywhere. 

[ytw95 3]

8 minutes ago, HRQX said:

That is incorrect. The I-130 for F2A can be pending when I-485 is filed since F2A is Current.

 

But during that trip OP was VWP visitor, so couldn't adjust.

I researched about AOS and we know that you can only apply for it after I130 has been approved but we are not going that route as it seems sketchy, we've been long distance since 2014 and we want to do everything by the books and hope for a smooth process and make least amount of mistakes as possible. I don't want to gamble and waste anymore time, its not worth it. 

[HRQX 4,145]

18 minutes ago, ytw95 said:

I researched about AOS and we know that you can only apply for it after I130 has been approved

Again, that is incorrect. https://www.uscis.gov/sites/default/files/document/forms/i-485instr-pc.pdf Page 23: "If a visa is immediately available, applicants filing under a family-based preference immigrant category do not have to wait until Form I-130 is approved to file Form I-485. If a visa is immediately available, you may file your Form I-485 together with your Form I-130, while Form I-130 is pending, or after your Form I-130 is approved."

 

What prohibited you from adjusting during your last US trip was INA 245(c)(4): https://www.uscis.gov/policy-manual/volume-7-part-b-chapter-7

Visa Waiver Programs

An alien admitted as a nonimmigrant without a visa under a Visa Waiver Program is barred from adjustment of status. Similarly, an alien admitted as a nonimmigrant without a visa to Guam or to the CNMI is barred from adjustment of status. These bars do not apply, however, to those seeking to adjust status as an immediate relative of a U.S. citizen or VAWA-based applicants.

Edited October 17, 2020 by HRQX

[ytw95 3]

3 minutes ago, HRQX said:

Again, that is incorrect. https://www.uscis.gov/sites/default/files/document/forms/i-485instr-pc.pdf Page 23: "If a visa is immediately available, applicants filing under a family-based preference immigrant category do not have to wait until Form I-130 is approved to file Form I-485. If a visa is immediately available, you may file your Form I-485 together with your Form I-130, while Form I-130 is pending, or after your Form I-130 is approved."

 

What prohibited you from adjusting during your last US trip was INA 245(c)(4): https://www.uscis.gov/policy-manual/volume-7-part-b-chapter-7

Visa Waiver Programs

An alien admitted as a nonimmigrant without a visa under a Visa Waiver Program is barred from adjustment of status. Similarly, an alien admitted as a nonimmigrant without a visa to Guam or to the CNMI is barred from adjustment of status. These bars do not apply, however, to those seeking to adjust status as an immediate relative of a U.S. citizen or VAWA-based applicants.

Yes you're quite right, what i said only apply to my specific category, which is LPR sponsoring spouse from VWP country.