B2 Application from British Student; Sufficient Home Ties?

[TengueFengue 0]

Hi there,

I am a British student currently studying on an exchange year in Toronto. I intend to do a summer trip across the United States and Canada this summer. When planning my trip, 90 days seemed insufficient to cover the whole of both countries, and so the Visa Waiver Program seemed not appropriate. I instead wanted to remain in North America for the entire ~4 month summer holiday.

I am interested to know if my home ties are sufficient to warrant me being granted the B2 visa that I have applied for. I have been enrolled at an accredited university in the UK for the last two years and have my fourth and final year to attend starting in September 2016. I have signed a contract that binds me to moving into a residence near my university for the academic year beginning in September. Furthermore, all of my extended family lives in the UK. Does this constitute reasonable sufficient ties?

I have entered the US for one day trip, one transit, and two 3-4 day long weekend trips during my year abroad in Toronto, in each case using the VWP. I have undertaken similar summer travel previously, visiting ~15 European countries, some multiple times, over the last five years.

I initially applied for the B2 thinking that my home ties were solid and that I could enter on the VWP if I was rejected. After reading countless posts, I am much more apprehensive now. I have yet to have my interview. Is it possible to cancel the interview at this stage and withdraw my application, and would this be recommended?

Thanks for taking the time to look at my case.

[Transborderwife 4,666]

It's very difficult to get a b2 when you're from a vwp country. As well, if denied you need to update that information with esta. Is it really worth the risk?

[Nich-Nick 3,354]

You read the downside so anything this forum says is a guess or opinion.

I have read several posts over the years from people denied in London saying "he denied me before I ever got to show my evidence" or "I wasn't given a chance to explain". So if you apply, don't be afraid to ask to show your evidence.

In your favor is not having a girlfriend in the US. Most on here do and just want to go live with her 6 months.

Do take a detailed itinerary showing why you need four months in the US instead of three.

Do take evidence of having sufficient funds to do all that travel and not seek work in the US to fund your travels.

Take evidence of the European trip to show you are a habitual traveller and are not seeking to move to the U.S.

Now this is a total speculation and talking to myself, but I wonder if you feel like it isn't going well, can you ask the officer if you may withdraw your application before he officially denies it so you can adjust your itinerary to fit VWP parameters since a denial cuts out your VWP privileges.

Edited March 26, 2016 by Nich-Nick

[Fr8dog 312]

I have only ever dealt with the dutch consulate and countless immigration officers, but I have found that all of them were willing to listen and gave me a change to explain what was happening. On countless occasions I witnessed the official being very stern to people in front of me, but it always seem to be a case that the person in front of me didn't have a solid story, was missing documents or was rude towards the officer. Treat them with the same amount of professionalism an respect you would like to receive from them, have your paperwork in order, read up on the official rules and regulations and I don't see a reason why they would deny your request.

I got the B-2 because I would be traveling on an all cargo airline that did not participate in the VWP. So B1/B2 was the only option for me. But every time I went through immigration on a regular airline, the officer would ask me why I used the B1/B2 versus the VWP. And every time the explanation was enough to take away any doubts and I was let in for a 6 month stay.

You may also look into applying in Canada versus the UK.

[yuna628 9,700]

The problem is you come from a VWP country. This enables you to make multiple trips to the USA for 90 days, so long as you do not abuse the program. Now, that's quite a privilege that isn't enjoyed by other countries... and the officer might ask themselves what is so impressive about this trip that requires over 90 days to complete? And why can you not make multiple trips ever so often to the US to enjoy it? Other questions might revolve around how you have enough for such a trip and the length of time to pay your way and where you might be staying or who with. A 4 month trip as you describe, traveling by car or train, plus food and lodgings for the entire time is quite an expense. You'll need proof of those funds. I'm not saying that you'll be denied, I'm just saying it could be difficult.

Edited March 26, 2016 by yuna628

[TengueFengue 0]

Because of my study abroad situation, I have a longer than usual summer holiday, around 4.5 months. As such, I want to make the most of this, while I am living in this part of the world. I will not be coming back to North America for a considerable time. Flight costs from the UK make short trips prohibitive. My main concern is showing ties to my home country; if I can demonstrate a low risk of overstay, surely this should take precedence over whether or not I could have used the VWP for a shorter trip?

As for funds, If I budget £50 per day, 120 days would require £6000 ($8500) of funds, which I have. I also consider this a significant overestimate of what will be my average daily expenditure. I have friends in a number of cities (should I mention this?), and together with Megabus, camping and airbnb and such, it is possible to travel on a budget even in this part of the world. I would be hesitant to mention CouchSurfing but this is something I have done in Europe and it has a huge American/Canadian community, indeed it started in the US.

I will not be spending 120 days in the US straight; my itinerary has me spending around 2-3 weeks in Canada, and entering the US again to travel down the West Coast. This re-entry is projected to occur before the 90 day mark. I didn't want to have to worry about entering for a second time on the VWP after what could be considered by CBP people as a 'short stay' in Canada, and therefore denied entry. This seemed like the safer option before I realised how difficult it might be.

So if I decide that this isn't worth the risk, what should I do? I can cancel my Visa appointment at the Toronto consulate, but I don't believe that cancels my application altogether. What, then, is my status? Would I be allowed to enter the US on the VWP in this case?

Edited March 27, 2016 by TengueFengue

[Boiler 45,947]

A trip to Canada does not reset the clock.

A Visa application can only be denied or approved.

Well i have seen some odd approvals, if you get one you will be up there with them.

[TengueFengue 0]

A trip to Canada does not reset the clock.

A Visa application can only be denied or approved.

Well i have seen some odd approvals, if you get one you will be up there with them.

So if I were to cancel my appointment, you mean to say my application would certainly lapse at some point and I would be put in the "denied" pile?

I sincerely hope you'll be able to add me to your list. What is the most odd approval you've heard of?

[JFH 12,191]

The thing is, obtaining a visa is not about getting the consular officer to see your logic about flight costs from Europe and why you need to spend 4 months in the country now instead of multiple shorter trips over the next few years. Quite frankly, they couldn't care less how much it costs to fly from Europe to the US. That's not their problem and the cost of flights is not a reason to grant someone a visa for a stay over and above the very generous 90-day visa-free allowance that they already have.

Many people try the "Canada shuffle" thinking that going to Canada for a few days will re-set the clock and they can waltz back into the USA for another 90 days. Like the Nationwide advert in the UK - it doesn't work like that. It's 90 days for new customers only, not returning customers.

Bear in mind that you will not be able to work at all. That includes unpaid work in return for board and lodgings. I have couch surfed my way around Europe and it's not unknown for a host to ask you to help around the home a little in return for your free accommodation. The US sees that as work. Likewise staying with friends can be a problem where the friend asks you to help with the gardening or decorating in return for accommodation and food. Not allowed on a B2.

Not saying you are going to do those things, but the CO is going to assume that you are until you can prove otherwise. You are going to be put through the mill.

Edited March 27, 2016 by JFH

[Boiler 45,947]

There was a guy who according to his Brother obtained a B despite having a 10 year ban and without a waiver.

[yuna628 9,700]

I'm dubious about the successful nature of this application, based on the facts you have presented. £50 is an extremely low estimate to me, and you are saying you just intend on floating from house to house sleeping on couches? I hope you understand, no matter your honesty, how this could sound to an official.

Boiler: if the B2 is denied, does this also bar future use of the VWP or not?

[Boiler 45,947]

You need to update ESTA and see what happens.

[Russ&Caro 1,549]

There was a guy who according to his Brother obtained a B despite having a 10 year ban and without a waiver.

Did you hear about the story where a couple were parked on a dark road when they heard scratches at the back of their car? They quickly rolled up their windows and sped home, but when they arrived, they found a bloody prosthetic hook hanging from their back window.

[Boiler 45,947]

Did you hear about the story where a couple were parked on a dark road when they heard scratches at the back of their car? They quickly rolled up their windows and sped home, but when they arrived, they found a bloody prosthetic hook hanging from their back window.

Certainly I realise you do not get the truth, the whole truth on here and some of the stories make you wonder if they have any connection with reality.

Usually there seems more to the stories than people are prepared to share.

[caliliving 606]

why dont you just travel the USA for 3 months? if you think it is worth the risk/stress then go apply for a B2 for the extra month. I do think you have strong enough ties and a good reason for wanting an extra month, or an IO could look at it that you are going to the USA to job hunt (which is illegal). IMO 3 months is a long enough time in the USA and you can spend the extra month in Canada before school starts. Then go again during your break or at the end of the school year.