B1/B2 Visa

[Caz1234 0]

Hi everyone,

I'm looking at applying for a b1 or b2 visa to visit California for 6 months. The primary reason is because I want to spend more time with my boyfriend, who lives in California. However I also run an online business and the majority of my customers are from the US, so I will be networking and having business meetings over there too.

My questions are:

• Which visa should I apply for?
• Does it matter that I'm going to visit my boyfriend or should I say I'm just travelling?
• Will it matter that I run an online business (which is UK company) and will continue to run it and earn money from it while in the US and be paid by US customers in dollars into my UK US dollar account? - I hope that makes sense!

I have looked into the O-1 visa, but that one seemed more complicated, but I can just about meet the criteria.

I feel a little lost with what to do, so if anyone can help that would be great!

Thank you

Edited June 10, 2014 by Caz1234

[JohnR! 5,495]

The USCIS does not consider 'boyfriend' a relation, so I would not stress that point too much. Also the business angle of your trip is what might probably raise an eyebrow or two. It won't hurt - nor will it help - that you have a friend in the US. I would shy away from the word 'boyfriend' lest it be interpreted as a euphemism for fiance, which might create the impression you are trying to circumvent the K-1 process.

On a B1 visa - business - you will be allowed to enter the US for business, such as hold meetings with clients, prospect new clients, attend short training business sessions at a corporate location, etc. In a self-employment capacity in this brave new world of global telecommuting, some lines get blurry, while others simply disappear.

Definitely, you will need a B1 visa. On the upside, it is quite common that B1/B2 - tourism/business - be granted together. Make sure that you know precisely what business activities you will be conducting while stateside so that you can explain them clearly to the Interviewing Officer, lest there be any misunderstanding to the effect you might be heading to the US to work or look for a job. You could explain how you can telecommute and therefore be able to continue working for your UK company, while visiting the US.

IMHO the biggest hurdle you will have to overcome is to explain to the US Consulate why you need or must stay in the country for six months, instead of the 90 days you are allowed under the visa waiver program. You might be able to explain it since your trip is a combo of business and pleasure, but all the same, the burden of providing evidence of the request falls always on the applicant.

I hope this helps. Without knowing more details of your activity is hard to gauge, so I tried to be as generic as possible with the above text.

[Nich-Nick 3,354]

Many are denied B1/B2 visas by London because most with UK passports are free to travel on visa waiver. Prepare a LOT of evidence why you need longer than 90 days and that you have strong ties to the UK and must return. Be aware that if you aren't successful getting the visa, a denied visa makes you no longer eligible for VWP. That's an ESTA question...have you ever been denied a visa.

[Caz1234 0]

Thank you both so much I really appreciate the help. I didn't realise that if i was denied I wouldn't be able to get the ESTA visa again - so thank you

[Nich-Nick 3,354]

Thank you both so much I really appreciate the help. I didn't realise that if i was denied I wouldn't be able to get the ESTA visa again - so thank you

ESTA isn't a visa. It is an electronic way to authorize your travel to America WITHOUT a visa.

[RhettVoe 282]

If your business can be run online (and thus, away from home), what reasons can you offer as to why you must return home?

[JohnR! 5,495]

Thank you both so much I really appreciate the help. I didn't realise that if i was denied I wouldn't be able to get the ESTA visa again - so thank you

That is one of the downsides of applying for a visa. If you are denied the visa, your VWP privileges are revoked.

[namdev 0]

26 countries, including the UK and New Zealand, can travel to the U.S. for tourism or businessstays of less than 90 days without any visa under the Visa Waiver Program (VWP).

[jan22 3,056]

26 countries, including the UK and New Zealand, can travel to the U.S. for tourism or businessstays of less than 90 days without any visa under the Visa Waiver Program (VWP).

Not sure the purpose of this post, but if your point was that you can enter on the VWP for business, that is -- of course -- correct. BUT the business that you can conduct is the same type of business that you can do with a B1 visa, i.e., meetings, conferences, signing contracts, taking orders for products (but not filling them).

Running your normal business, even if it's on-line, and making money doing so, might well be viewed by immigration officers as working in the US, not conducting business activities. Just something to think about.

[Boiler 45,966]

Thank you both so much I really appreciate the help. I didn't realise that if i was denied I wouldn't be able to get the ESTA visa again - so thank you

It is not true, but may well complicated/delay matters.

Just from what you posted a B is a high risk application.