B2 visa and an American boyfriend.

[Ahna 2]

I'm from the Netherlands and I'm in a relationship with an American men for a year and nine months and he is the love of my life! And I was in the US for the past three months and when I boarded in Minneapolis two officers told me that I had been in the US one day too long on my esta. I was on my way back home!!  Like all the other times. We really checked and calculated the 90 days 30 times, and also with an online calculator. I booked a ticket for December 18 to March 17, and clearly that was 91 days. I have traveled to the US three times before and have always returned home. I just want to visit my boyfriend and travel with him in the US and he is the love of my life and we are serious and we really want to get married, but we want to take it slow. But the thought of losing him breaks both our hearts. We're both having a really hard time right now.  If we don’t find a solution for this we can’t see each other much, he works a lot. We are lucky that he can come to the netherlands three times this year. That was already planned before this situation. He visits me twice in the Netherlands last year and he comes back in June and december. 

My life in the Netherlands is so good, I have NO intention to stay in the us. I'm 43 and my dad is 78 and he has health problems, he had two small heart attack, one this year and one last year. So that's the reason my boyfriend is coming to the Netherlands this year. But I really want to visit him one time this year. I get money from the state because I got sick a while ago, and i'm much better now, but i'm not there yet. That means that I have an extremely good and cheap health insurance and my rent is really cheap. I don't want to move to the state for sure. I can't stay longer dan three months a year because I have to be in the Netherlands and I always have to fill out an online form for that company where I get my money from when I leave and when I return and I can't be in another country too much because if I do I lose everything. Then they say: you don't live in the Netherlands anymore so you don't get your money anymore. 

I read all over the internet that if you are in a relationship with an American your chance of getting a B2 visa is zero and that the interviews are very short, 3 min or so and that they don't look at documents. And a rejection is made in a second and you can go for a second time but if nothing has changed they reject you again. I am afraid to apply for a B2. 

 

Do have a chance to get a B2 visa? 

 

Thank you very much in advance!

 

Kind regards Anna

[EmilyW 1,234]

Unfortunately, B2 will be your only option and with a history of overstay (even one day counts), it will be an uphill battle.  But it never hurts to try.  

 

[powerpuff 5,977]

Applying for a B2 is your only option if you want to have any chance of visiting. History of overstay and a USC significant other are major obstacles, especially the overstay as you have violated the terms and conditions of your VWP.

 

It is unfortunate to have lost the privilege of being able to travel visa free, however such are the consequences of overstay, even if it’s a day long.
 

If B2 is denied then he will have to petition you to immigrate or you can petition him to live in the Netherlands. I don’t see another option.

Edited April 8 by powerpuff

[Dashinka 23,374]

I agree, it will be an uphill battle to get a B2, especially with the overstay on the ESTA.  That being said, all you can do is fill out a DS160, pay the fee and try making sure you show the ties you have to the Netherlands.

 

Good Luck!

[Redro 4,601]

You will only know once you try… 

I would wait for your boyfriend to visit 1-2 times before you apply for the tourist visa though. 
If you apply for the tourist visa right now (less than a month after you returned). It makes it look like you are very desperate to return to the US… 

Good luck!

What is the long term plan? Does your boyfriend plan to move to the Netherlands eventually if you have no interest in moving to the US? 

[Ahna 2]

Thank you for the response, I really appriciate that! That's a good advice to wait, I have no reason to apply now. Maybe by the end of the year. I'm not desperate, it's more that I want to visit him if I want to next year. next year is the biggest problem. For this year we are good and I don't want to be in the netherlands for my dad. Maybe a visit of a month this year would be nice, but that's not possible now. We don't that know yet. It is not an easy decision to make. And my dad is old and his mom too so. And we both don't mind to travel so. 

[Boiler 43,729]

You recently overstayed and have a history of long visits.

 

My first thought is what do you do that allows such long holidays.

 

i would not allow for a B now, quite how long you need to wait well I do not know your circumstances.

[Verrou 1,901]

when its time, spend that $185 to apply B1/B2 and let it play out

[Cathi 5,621]

2 hours ago, Boiler said:

 

My first thought is what do you do that allows such long holidays.

 

 

She said in her original post that she is ill and gets money from the state, so that means she's probably not working at the moment. My brother in-law lives in Amsterdam and he ,too, is ill and unable to work right now, and I know that his rent is 100% paid for by the state because of his illness and he gets money every month for food and living expenses, plus free healthcare. 

I could be wrong, but that would be my guess.

Edited April 8 by Cathi

[Ahna 2]

Just now, Cathi said:

She said in her original post that she is ill and gets money from the state, so that means she's probably not working at the moment. My brother in-law lives in Amsterdam and he ,too, is ill and unable to work right now, and I know that his rent is 100% paid for by the state because of his illness and he gets money every month for food and living expenses, plus free healthcare. 

Thank you! I don't spend much, so I can save money every month. So my life in the ntherlands is really good, and travel to the us and stay there is not an option for me. It's a huge step to make, and I can't lie and life a good life if i'm in the us illegal. 

[Boiler 43,729]

19 minutes ago, Cathi said:

She said in her original post that she is ill and gets money from the state, so that means she's probably not working at the moment. My brother in-law lives in Amsterdam and he ,too, is ill and unable to work right now, and I know that his rent is 100% paid for by the state because of his illness and he gets money every month for food and living expenses, plus free healthcare. 

I could be wrong, but that would be my guess.

 

Certainly does not help, no ties, travel insurance must be challenging.

[Ahna 2]

1 minute ago, Boiler said:

 

Certainly does not help, no ties, travel insurance must be challenging.

I have a REALLY good travel insurance, and i'm older and my dad has health problems, and I have a 14 year old cat. I hope they will understand that I don't want to give up my save life in the netherlands. 

[Boiler 43,729]

I have never heard of anyone been asked about a cat.

 

I would imagine most of us left relatives behind when we migrated.

[Redro 4,601]

36 minutes ago, Ahna said:

Thank you! I don't spend much, so I can save money every month. So my life in the ntherlands is really good, and travel to the us and stay there is not an option for me. It's a huge step to make, and I can't lie and life a good life if i'm in the us illegal. 

You wouldn’t be in the US without status though. You would be in the US with a U.S.C boyfriend who you could marry and and get a GC through… The consulate isn’t only worried about people staying longer than allowed. They are worried about people who go to the US and apply for a green card instead of getting an immigrant visa through the consulate. 
So, don’t be surprised if you are denied and they tell you to marry your boyfriend if you want to return to the U.S… 

But, you’re also from The Netherlands so they might give you the tourist visa no issue… it really depends on if they think you are going to use the tourist visa to LIVE in the US for 3 months every couple of months. 

Edited April 8 by Redro

[OldUser 5,075]

52 minutes ago, Boiler said:

I have never heard of anyone been asked about a cat.

I think I recall reading on VJ about somebody trying to argue cat is a tie to home country... I don't think I agree it is a strong tie, however cruel it may sound.