ESTA / B2 Visa Help

[Boiler 45,525]

OP said he was coming to the US on a temp work visa and his GF wished to accompany him.

Exactly what the B2 Cohabiting Visa is for.

The only thing he did not clarify is whether they are currently cohabitating and can evidence that.

[Pennycat 880]

OP said he was coming to the US on a temp work visa and his GF wished to accompany him.

Exactly what the B2 Cohabiting Visa is for.

The only thing he did not clarify is whether they are currently cohabitating and can evidence that.

Yes, I see that. As I said, I (like others) was not familiar with that use of a B2 because it's not common and OP didn't specifically mention it but a quick read shows that she must still provide evidence of a residence and ties abroad. Then I asked, if they are denied this B2 for this purpose, she still loses VWP, right? Then I attempted to confirm that my answer of "nothing but the truth" to the question "what to say at POE" is in fact solid advice because doing otherwise will put the B2 and L2 at risk? No?

[caliliving 606]

the best thing would be to get her on the L2 and marry her...

sounds like her chance at the B2 is slim and not worth the risk bc she will lose her VWP privledges

have her come on VWP she can say shes visiting her bf who got transfered.. and then if you decide at the end of 90 days you want her here longer.. get married and get her switched to the L2 under you. it will just make your situation much more better legally and you will have less issues moving forward. it may not be your ideal wedding, but when legal issues are involved we make sacrifices

[Boiler 45,525]

Chances of a B@ Cohabitating assuming they have been are extremely high. Nothing ever is a given.

[JFH 12,190]

it's a pity you didn't ask for help beforehand, OP, and you could have found out about the B2 cohabiting visa (assuming you have been living together in the UK already). Her plan to come into the country for 90 days is not the best route. The CBP officer may believe (and would be justified in doing so) that she has reason to return after 90 days. I had enough of a struggle getting in for a week last month because the officer was convinced that I would stay with my husband for good. And that despite over 40 previous visits with each visit never being more than 3 weeks.

[UnaMexicana 153]

You can read the link below and see if your case fits the description, OP.

- Prove a long-term relationship

- Temporary stay

- B2 applicant needs strong ties to home country

http://m.inquirer.net/globalnation/29801

[Hypnos 6,576]

Also if she is denied the B2, then she will not be able to use the ESTA for visiting.

Untrue .

If a B-2 (or any other kind of US visa) was denied, they would then need to obtain a new ESTA authorisation, answering Yes to the question "have you ever been denied a US visa?".

Answering Yes may well lead to a denial of the ESTA, but it's not an automatic follow-through of one to the other (though it's quite likely).

Edited May 16, 2016 by Hypnos

[Boiler 45,525]

Untrue .

If a B-2 (or any other kind of US visa) was denied, they would then need to obtain a new ESTA authorisation, answering Yes to the question "have you ever been denied a US visa?".

Answering Yes may well lead to a denial of the ESTA, but it's not an automatic follow-through of one to the other (though it's quite likely).

Such a denial is temporary.

[Hypnos 6,576]

Agreed.

You could re-apply daily for a new ESTA if you wished; I'm sure the federal government would appreciate the fees.

[domril 0]

Thank you all for the responses! It's been really helpful.