Should I apply for B1/B2 or do the VWP?

[motema15 1]

Hi all,

I'm in two minds about whether I should apply for a B1/B2 visa or do the VWP. I'm going to be coming to LA (from Australia) for 2 weeks, then I'm going to Mexico for 2.5 months (learning Spanish and visiting my sister)...then I want to come back and stay with friends and travel in the US for another 2.5 months.

Obviously this takes me over the 90 days of the VWP, but since I am staying a while in Mexico, and obviously not just hopping across the border for extension purposes, maybe the VWP is the right way to go for me (I am not a big fan of the hassle of going to the Embassy in Melb and getting a B1/B2... which might be denied anyway).

Any thoughts?

thanks

EMma

[Amy and Nick 37]

I dont think that you will be granted a tourist visa as you are able to travel on the VWP.

In my opinion, the fact that you are only going to be in LA for 2 weeks raises your chances of being allowed to reenter.

If you were going to be there for nearly the full 90 days, then leave and come back for another nearly 90 days then I think they would be more concerned. Overall, your stay will be at 90 days, or just over (with the stint in Mexico in between) so I reckon you'll be fine.

Have your return ticket back to Australia when you reenter the US.

Just a hint, try not to go through Juarez. A lot of friends have had trouble entering on the VWP through there!

Good luck!

[motema15 1]

thanks heaps, that makes a lot of sense. I really don't want to go down to the B1/B2 interview and be denied (because then that will make it harder for me to get the VWP!)

So, when I arrive at LA, do I tell immigration my whole plan (going to Mexico then coming back for 2.5 months in the US) or do I just have to show them my Mexican ticket?

Thanks for the Juarez tip - I will be flying direct to/from Zacatecas, so I won't be doing a land crossing.

Oh, sorry, one more question. I actually already have an interview date for the B1/B2 interview. (next week)/ Should I cancel this, or should I just not turn up? (Does not turning up mean that I've technically been denied the visa??)

[Krikit 1,164]

It's so hard to guess what an Inspector at the POE will do in any given situation. It may help you to come to a decision by reading the attached links. Have a great trip!

CBP FAQ - Travelling to Other Countries While in the US on a B-1/B-2 Visa

CBP FAQ - Visa Waiver Program

[Amy and Nick 37]

thanks heaps, that makes a lot of sense. I really don't want to go down to the B1/B2 interview and be denied (because then that will make it harder for me to get the VWP!)

So, when I arrive at LA, do I tell immigration my whole plan (going to Mexico then coming back for 2.5 months in the US) or do I just have to show them my Mexican ticket?

Thanks for the Juarez tip - I will be flying direct to/from Zacatecas, so I won't be doing a land crossing.

Oh, sorry, one more question. I actually already have an interview date for the B1/B2 interview. (next week)/ Should I cancel this, or should I just not turn up? (Does not turning up mean that I've technically been denied the visa??)

With border patrol it is always best to say the minimum, but always answer correctly. For example, when they ask

What are you here for, dont say "because im going to LA for 2 weeks and then going to Mexico and then im going to come back into the US and then im going to go back to Aus."

Instead, give concise answers to exactly what they are asking.

For example:

CBP: What is the purpose of your trip

You: I am going to LA to visit a friend

(this will probably be the end of the questioning to be honest)

CBP: When will you leave

You: I leave on this date

CBP: Back to Aus?

You: No, im going to Mexico to see my sister and practice my spanish.

CBP: How long for

You: 2.5 months

CBP: When do you leave?

You: I leave on this date

CBP: To Aus?

You: No, I will be doing some travelling in the US for 2.5 months, and then returning to Aus on this date.

As long as you answer everything honestly i am sure you'll be fine. CBP know what to look out for when suspecting an immigration attempt. As you ARE genuinely travelling, they will be able to ask you numerous questions and you will be able to answer them as its all true!

[motema15 1]

With border patrol it is always best to say the minimum, but always answer correctly. For example, when they ask

What are you here for, dont say "because im going to LA for 2 weeks and then going to Mexico and then im going to come back into the US and then im going to go back to Aus."

Instead, give concise answers to exactly what they are asking.

For example:

CBP: What is the purpose of your trip

You: I am going to LA to visit a friend

(this will probably be the end of the questioning to be honest)

CBP: When will you leave

You: I leave on this date

CBP: Back to Aus?

You: No, im going to Mexico to see my sister and practice my spanish.

CBP: How long for

You: 2.5 months

CBP: When do you leave?

You: I leave on this date

CBP: To Aus?

You: No, I will be doing some travelling in the US for 2.5 months, and then returning to Aus on this date.

As long as you answer everything honestly i am sure you'll be fine. CBP know what to look out for when suspecting an immigration attempt. As you ARE genuinely travelling, they will be able to ask you numerous questions and you will be able to answer them as its all true!

Thanks very much to Krikit and particularly to Amy for this reply - soooo helpful! I thought though, that it would be a problem to say that I'm going to be in the US/Mexico for more than the length of the VWP when I enter the US for the first time in LA. Won't that be a problem to pretty much announce to them that I'm going to overstay one VWP and apply for another on my way back from Mexico?

ps Amy - congrats on your recent marriage

[Krikit 1,164]

I thought though, that it would be a problem to say that I'm going to be in the US/Mexico for more than the length of the VWP when I enter the US for the first time in LA. Won't that be a problem to pretty much announce to them that I'm going to overstay one VWP and apply for another on my way back from Mexico?

Looks like you've answered your question about whether or not to attend your B1/B2 interview.

Here is a helpful link. It specifies K-1 beneficiaries but is applicable to all.

Visitation FAQ's

[Amy and Nick 37]

Thanks!

Here's where I get confused though.

I hadnt thought about the Mexico part with regards to the VWP but now im doing some research I dont know how black-and-white this is.

This is from the travel.state.gov website:

"VWP travelers who have been admitted under the Visa Waiver Program and who make a short trip to Canada, Mexico or an adjacent island generally can be readmitted to the United States under the VWP for the balance of their original admission period. See the Department of Homeland Security’s Customs and Border Protection (CBP) website for additional details"

Now, I know on VJ i have read that sometimes a 'new' VW will be issues with 90 days clearance upon reentry, but this is all VERY dependant on how the CBP is feeling on the day.

However, it is MY belief that your stay in Mexico will NOT be deducted from your VWP's 90 Days. I could be very, very wrong, but I hope someone will be along to answer this better than I can!

[motema15 1]

Thanks!

Here's where I get confused though.

I hadnt thought about the Mexico part with regards to the VWP but now im doing some research I dont know how black-and-white this is.

This is from the travel.state.gov website:

"VWP travelers who have been admitted under the Visa Waiver Program and who make a short trip to Canada, Mexico or an adjacent island generally can be readmitted to the United States under the VWP for the balance of their original admission period. See the Department of Homeland Security’s Customs and Border Protection (CBP) website for additional details"

Now, I know on VJ i have read that sometimes a 'new' VW will be issues with 90 days clearance upon reentry, but this is all VERY dependant on how the CBP is feeling on the day.

However, it is MY belief that your stay in Mexico will NOT be deducted from your VWP's 90 Days. I could be very, very wrong, but I hope someone will be along to answer this better than I can!

The time allowed for the VWP will include time spent in Mexico...so, off to my visa interview I go! Thanks to you both for this advice.

[Boiler 45,535]

The time allowed for the VWP will include time spent in Mexico...so, off to my visa interview I go! Thanks to you both for this advice.

That is not what it said.

2 1/2 weeks plus 2 1/2 months is more than 90 days, so just limit your US trip.

[JoannaV 174]

When you returned to America from Mexico you would need to request that they admit you for a new 90-day period. This is perfectly possible. They may question you closely in order to do this. Personally, considering that you would have proof of when you arrived in the States before, how long you were there for (only two weeks), that you then left, proof of your stay in Mexico, and then your return ticket to Australia, I believe they should grant this request. As you would have been in Mexico for 2.5 months they should be happy to consider your entrance a new event. This will be much easier if you are flying to Mexico and back, rather than driving or whatever. (And would also make your first US visit even simpler, as you would have proof that you were leaving after 2 weeks rather than just having a return ticket to Australia dated 6 months ahead!

However....one can never assume guarantees when it comes to immigration, unfortunately.

Hopefully some people can comment who have actually done this.

[Boiler 45,535]

They have been know to make a mistake.

[motema15 1]

Thanks all. I've decided to play it safe and go for the visa. I will stop back and let you know how I go!

[lynJer 7]

Thanks all. I've decided to play it safe and go for the visa. I will stop back and let you know how I go!

Mate....Your an aussie...go the VWP....youll be right!!!

[motema15 1]

Just thought I'd stop back and say that I got my visa. Yeah!!

I thought I'd write a bit here about the process in case it's useful to someone else.

I went to the Melb Embassy. The visa interview process took a while, but most of that was in checking in, security checks, and waiting time (all up around 1.5 hours).

The actual interview took about 2 minutes where a bored guy asked me two questions...'why are you going to the US?' and 'how much money will you have?' He didn't ask to see any of the information I'd brought along with me (for example, bank statements and letters from people I'll be staying with).

I was given the choice of having a 1 year visa or paying around $26 for a visa that is valid for 5 years.

And...that was it! Easy peasy.