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Filed: Timeline
Posted

Hello! I have some questions about the B2 visa.

Here's the story:

My bf is from the UK, and up until now he's been visiting me on the VWP. He's been visiting me for about a month, and then going back to the UK for a month or two. This has gone on for about 6 visits.

On this past visit (he's still here), he was told that the next time, he would have to get a tourist visa, and was asked if he thought he was "abusing the [VWP] system." Honestly, we didn't know about all this complicated visa stuff, we thought we were following the rules because he never stayed longer than 3 months, and we would definitely have applied for a tourist visa before this last trip if we had known it would be a problem. But after the questioning, he was allowed to stay for the whole duration of the intended trip, about a month.

In general:

I think my bf has a pretty good chance of getting approved for a B2 visa. He has family and is building a business in the UK (which funds his travel as well as allows him time to travel), his health care and medications (for a chronic health condition) comes from the NHS, and he hasn't ever given any indication that he doesn't intend to return to the UK (he always traveled here with return tickets, never tried to stay longer than indicated, etc).

So now:

I've read up on the tourist visa... obviously the one we want is the 10 year, multiple entry B2. But I haven't seen anything about applying specifically for the multiple entry B2. Can anyone shed some light? Is it rare and/or difficult to get? What do you think his chances are?

And the stuff I don't want to think about:

What does it mean if he's denied the multiple entry B2, or if we only get a single entry B2, or something? Does that mean he would have to reapply for a single entry B2 every time he wants to come visit, or would that not even be allowed?

Thanks so much for reading, and we'd really appreciate any tips/suggestions/help you can give us that might help us get approved for a multiple entry B2!

Posted

A B2 visa does not let you visit differently than the VWP really, though it lets you stay longer at one time. If your issue is frequency, a B2 visa will not help you. Your bf is spending almost as much time in the US as out of it. The border patrol was trying to warn you that he should stay home a while before coming back. To get a B2 visa from a VWP country, he has to show them why he needs 6 months of visit time instead of 3. It sounds like you don't actually need 6 months anyway, you just want to be able to visit whenever (which a B2 visa won't allow you to do).

If the B2 visa is denied, then you most likely won't be able to use the VWP for a while either.

AOS for my husband
8/17/10: INTERVIEW DAY (day 123) APPROVED!!

ROC:
5/23/12: Sent out package
2/06/13: APPROVED!

Filed: Timeline
Posted

A B2 visa does not let you visit differently than the VWP really, though it lets you stay longer at one time. If your issue is frequency, a B2 visa will not help you. Your bf is spending almost as much time in the US as out of it. The border patrol was trying to warn you that he should stay home a while before coming back. To get a B2 visa from a VWP country, he has to show them why he needs 6 months of visit time instead of 3. It sounds like you don't actually need 6 months anyway, you just want to be able to visit whenever (which a B2 visa won't allow you to do).

If the B2 visa is denied, then you most likely won't be able to use the VWP for a while either.

How long is "a while"?

Yes, I supposed we do want to be able to visit whenever, that would be ideal... so what you're saying is that that's probably not possible? :(

Filed: Citizen (apr) Country: Canada
Timeline
Posted

"a while"

Could be years

I do not think a B2 visa will solve your problems. You want him to be able to come and go as he pleases, that is not what a B2 is for.

good luck

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Filed: IR-1/CR-1 Visa Country: Nigeria
Timeline
Posted

previous poster is right about the frequency of visits being the main issue. since OP said boyfriend goes baclk to the UK and returns in a month maybe you both should diccuss limiting visits to 3 our 4 times a year. he should stay back at least 6months or more before making the next short trip. Meanwhile OP could go visit him in the UK, that way it lenghtens the amount of time he has to come back for a visit to see you again.

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  • 2 months later...
Filed: Timeline
Posted

Hello, I'm back with the same issues I originally posted in this thread.

Since my original post, I have gone to visit my bf in the UK to try to lengthen the time before his next visit, and we are now looking to plan his next trip to the US, which will be around 4-5 months after his last visit.

It seems to me that the B2 is not the visa we need. However, because the border patrol officer told my bf the last time that he'd "have to get a tourist visa the next time he comes," it sort of feels like he has to apply for one anyways, even if he is planning to stay for less than 3 months. However, it seems fairly pointless because, undoubtedly, one of the questions my bf will be asked is "Why do you want this visa to stay for 6 months" and the truthful answer is, "I don't want this visa, but I was told I have to get it."

We are very carefully to make sure that he is not here for more than 180 days in a 12 month period, and we have never given border patrol any reason to suspect that he'll be staying longer or that he won't return to the UK. In our opinion, he has some pretty significant ties to the UK, as mentioned in my original post, so I really don't understand why he can't keep travelling here on the VWP if we are careful to stay within the rules. Is there somewhere that says, in addition to the 180 day rule, that number of visits must be below a certain number?

So at this point, should we even try to apply for the B2, or might he be able to come back on the VWP?

Any advice would be helpful, thanks!

Posted

Boyfriend not a retiree? If he is not, his chances of getting a B2 are pretty much slim to none. Applying for one would be pointless. Just have him keep using VWP and space out the visits so he is more outside the US.

ROC 2009
Naturalization 2010

Filed: Timeline
Posted

Definitely not a retiree!

Thanks for the advice! I'm inclined to agree, but I'm wondering why the border patrol officer told my bf that he was "flagging him" and that he "would not be allowed into the US again without a tourist visa." Maybe he was just giving my bf a hard time?

Posted

I don't think CBP can communicate that well. I don't think you can flag a passport with specific instructions like "only allow entry with a B2" or something. So I wouldn't take it too literally.

AOS for my husband
8/17/10: INTERVIEW DAY (day 123) APPROVED!!

ROC:
5/23/12: Sent out package
2/06/13: APPROVED!

Filed: K-1 Visa Country: Wales
Timeline
Posted

He can expect a grilling, especially if he continues very long visits.

“If you know the enemy and know yourself, you need not fear the result of a hundred battles. If you know yourself but not the enemy, for every victory gained you will also suffer a defeat. If you know neither the enemy nor yourself, you will succumb in every battle.”

 
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