B2 Application from British Student; Sufficient Home Ties?

[Boiler 45,947]

90 days not 3 months. And not a good idea to run it to the last day.

[caliliving 606]

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.

I agree. It is not common to travel the USA like it is common to travel europe and couch surf ect. Also, you can not work at all or get any money in exchnge for anything!! Generally, an IO will think you are flying into NYC/LA to work or land a job. Detail an itinerary an pay everything upfront.. does it really take 4 months at once to see the USA??? NYC, Florida, Chicago, Vegas, LA, San Fran... i dont know.. maybe you want to see Indianna and Ohio??? See what other college students have done in your place and if they applied for a b2 and were accepted/denied.

[TengueFengue 0]

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.

I would if I could; I have already applied for a B2. I thought I could apply for a B2 and just enter on the VWP if refused. I am now not at all sure it will be that easy.

You need to update ESTA and see what happens.

From what I've read (and yes, I'm aware that online forums can be heavily anecdotal), the "see what happens" invariably results in a revocation of the existing ESTA.

I agree. It is not common to travel the USA like it is common to travel europe and couch surf ect. Also, you can not work at all or get any money in exchnge for anything!! Generally, an IO will think you are flying into NYC/LA to work or land a job. Detail an itinerary an pay everything upfront.. does it really take 4 months at once to see the USA??? NYC, Florida, Chicago, Vegas, LA, San Fran... i dont know.. maybe you want to see Indianna and Ohio??? See what other college students have done in your place and if they applied for a b2 and were accepted/denied.

I can show you my itinerary if you'd be interested. I intend to visit 37 cities in 28 states.

[Boiler 45,947]

The norm seems to be 6 months loss of ESTA YMMV

[TengueFengue 0]

The norm seems to be 6 months loss of ESTA YMMV

Could I cancel my B2 application/interview and still enter on the VWP? Would a subsequent status of "denial" from my application withdrawal make my presence under the VWP illegal? I can certainly handle a subsequent 6 month loss of VWP eligibilty; I won't be in North America again for a good while.

[Transborderwife 4,666]

Could I cancel my B2 application/interview and still enter on the VWP? Would a subsequent status of "denial" from my application withdrawal make my presence under the VWP illegal? I can certainly handle a subsequent 6 month loss of VWP eligibilty; I won't be in North America again for a good while.

There is a poster on here named hfm181818 who may be able to answer that

[JFH 12,191]

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.

Like the couple from Ghana here who say they got the I-130 approved with a marriage certificate and 2 affidavits from friends. No photos, no boarding passes, no hotel bills. Nothing. And no RFEs. Take everything with a pinch of salt.

OP, I'm sure there are some that slip through the net. The things is that you have a lot to lose if it fails. You will gave to declare it for future ESTA applications. The VWP is something many people on here can only dream of. They would think you are crazy to risk losing it for a month of couch surfing.

[texcal 9]

3 years ago I applied for a B2 as well to travel the US. Circumstances were a little different but I also was a student in my 4-5 semester and I told the officer my travel plans and all the ties I had to come back home. I got denied. Very quick decision. Insufficient ties to the country.

Once you get denied you CAN NOT travel under the VWP anymore. I tried it over a year later and was not eligible anymore.

Given my story, I'd say enjoy the privilege of the VWP and don't bother trying for a B2. It is so hard to get (CO said almost impossible) in the first place and even harder being a student/ being pretty young/ not settled yet. I took it too easy and it ended up being a big mistake.

Anyways good luck with whatever you decide and please let us know how it turned out!

(BTW...I did get issued a B2 2 years later being more settled, having a family on my own etc.! So it doesn't mean forever. The previous denial was not even asked about anymore except for in the application.)

Edited March 27, 2016 by texcal

[Boiler 45,947]

Once you get denied you CAN NOT travel under the VWP anymore. I tried it over a year later and was not eligible anymore.

You need a new ESTA, if/when approved than you can.

[texcal 9]

You need a new ESTA, if/when approved than you can.

Yes thats what I meant. You can't just use the existing VWP again. Also..chances of getting an ESTA approved right after a denied visa are kind of slim I think. For me it was over a year after that and still denied.

[TengueFengue 0]

3 years ago I applied for a B2 as well to travel the US. Circumstances were a little different but I also was a student in my 4-5 semester and I told the officer my travel plans and all the ties I had to come back home. I got denied. Very quick decision. Insufficient ties to the country.

Once you get denied you CAN NOT travel under the VWP anymore. I tried it over a year later and was not eligible anymore.

Given my story, I'd say enjoy the privilege of the VWP and don't bother trying for a B2. It is so hard to get (CO said almost impossible) in the first place and even harder being a student/ being pretty young/ not settled yet. I took it too easy and it ended up being a big mistake.

Anyways good luck with whatever you decide and please let us know how it turned out!

(BTW...I did get issued a B2 2 years later being more settled, having a family on my own etc.! So it doesn't mean forever. The previous denial was not even asked about anymore except for in the application.)

There seems to be a lot left to luck in this business.

There is no real decision I can make any more, I have already applied for a B2 and just have the interview to attend now. Other than postponing my interview indefinitely and attempting to enter on the VWP but that seems like a very shoddy plan indeed.

Anyway, I've basically resolved that I won't be coming to the US any time soon, and that's fine. There are other countries and stuff, right? I will come back and update you all on the outcome, though.

[JFH 12,191]

Please do come back with an update. So many people post here and then don't update with the outcome so it would be good for us to see the full story and would also be useful reference for others in the same boat.

[Nich-Nick 3,354]

There seems to be a lot left to luck in this business.

There is no real decision I can make any more, I have already applied for a B2 and just have the interview to attend now. Other than postponing my interview indefinitely and attempting to enter on the VWP but that seems like a very shoddy plan indeed.

Anyway, I've basically resolved that I won't be coming to the US any time soon, and that's fine. There are other countries and stuff, right? I will come back and update you all on the outcome, though.

Why don't you contact the embassy to request to withdraw your visa application because your summer plans have changed and you will not require a visa after all? People withdraw fiancé petitions or visa applications when they marry instead. People that are at entry to the U.S. on VWP (who are not going to be allowed in) are sometimes allowed to withdraw their request to enter rather than being denied. The embassy can respond to you rather than you guessing you can't withdraw once you apply. This is between you and Toronto, so ask before you assume anything based on opinions.

[Boiler 45,947]

Why don't you contact the embassy to request to withdraw your visa application because your summer plans have changed and you will not require a visa after all? People withdraw fiancé petitions or visa applications when they marry instead. People that are at entry to the U.S. on VWP (who are not going to be allowed in) are sometimes allowed to withdraw their request to enter rather than being denied. The embassy can respond to you rather than you guessing you can't withdraw once you apply. This is between you and Toronto, so ask before you assume anything based on opinions.

Not possible.

[TengueFengue 0]

Speaking to hfm181818, they seem to think a visa withdrawal, which would be a 'denial' in the sense that a 221g is a denial, does not have the same automatic ~6 month ESTA revocation that a 214(b) would. Does this correlate with what you've seen?