Possibility of a 180 day B2 visa while waiting?

[philly2015 2]

Wondering if anyone knows... Our CR1 is taking FOREVER due to trying to sort out 4 years of back taxes from abroad ? this might be a stupid question but can I apply for a B2 visa for a 180 day stay while my CR1 is at NVC? I can get a 90 day visa through the VWP but the way things are going it's going to be another 9 months until my interview at least. I will not be working in the US, I don't intend to adjust my status, I simply want enough time to settle my kids into school in August and then will return to Australia to complete the medical and interview. I will not be committing any visa fraud. Is my only choice the 90 day visa through the VWP? very nervous about staying the 90 days and trying to renew the 90 days through crossing back over the border. Very nervous about having to leave my family after 90 days if I'm still not at medical/interview stage. Thoughts?

[aaron2020 11,651]

Hi,

It's possible to get a B-2. If it's denied, you will also loses your VWP privileges.

Crossing the border to Canada or Mexico will not reset the clock. These actions are specifically not allowed to get you another 90 days.

Use the VWP and enjoy your visits here.

[Asia 2,498]

I'd stick with the VWP, but that's just me.

One thing - you can't renew the 90 days through crossing back over the border.

[philly2015 2]

Thank you for your quick responses! I didn't realise that by being on the VWP you can't renew by leaving and re-entering the U.S. I guess I just have to cross my fingers things move more quickly than they have for the past 12 months. Out of interest... Can you only make one 90 day stay per year? I know you can have multiple entries but is it only for a total of 90 days? How does it work?

[Hypnos 6,576]

It's possible to get a B-2. If it's denied, you will also loses your VWP privileges.

Wrong. If a B-2 (or any other kind) is denied then you must obtain a fresh ESTA declaring the denial, but ipso facto it doesn't stop you from using the VWP.

OP, you must generally attempt to remain outside the US for longer than you are present on the VWP (or a B-2 visa). Accepted thinking means you should aim to spend at least six months out of every twelve outside the US.

Edited February 17, 2015 by Hypnos

[philly2015 2]

Okay thanks for that! I thought it wouldn't be easy... Otherwise everybody would be doing it!