use of VWP after B2 denial (split topic)

[Athena13 10]

If the rental contract you are thinking of entering into would expire when you are due to return, that would work against you.

Hypothetical questions from a CO:

• Why do you need a visa? Why not visit on the VWP?
• Who or what is sponsoring these conferences? Did they send you an invitation letter?
• Do these technical conferences go for a span of 6 months?
• Are you a confirmed attendee?

IMO, you are better off visiting on the VWP. It's not as long but if you were refused a B2, you may not be able to use the VWP at a later date.

Hi there. When you say if someone is revused a B2, he will have trouble using the VWP later? Is there any evidence for this? and is it the same for B1?

Is owning a property in Australia and a business (self employed) enough to be 'ties'?

[aaron2020 11,651]

Hi there. When you say if someone is revused a B2, he will have trouble using the VWP later? Denial of the B2 will result in the inability to use the VWP. Is there any evidence for this? Plenty. Use the search function. and is it the same for B1? Denial of any visa will result in the inability to use the VWP.

Is owning a property in Australia and a business (self employed) enough to be 'ties'? It's a totality of the circumstances. No one factor is determinative. Owing a property or a business in not determinative one way or the other. It's just factors in a totality of the circumstances.

https://help.cbp.gov/app/answers/detail/a_id/1097/~/previously-denied-a-visa-or-immigration-benefit

If you were previously denied a visa, or previously refused entry to the United States, or previously removed from the U.S., your ESTA application will most likely be denied.

I'm an Australian citizen wishing to stay in America for 6 months to be with my girlfriend.

So I've been doing some research on the B1 and B2 visas, and it seem that I qualify in the following ways:

* I'm staying 6 months or less (working on my degree in Australia at the moment, so once that's done, I can come back on the E3 hopefully)

* I have well and truly enough cash to sustain myself

* I only visited the US once before, on the visa waiver, and only stayed a bit over a month.

* I've never travelled to the east coast, so I have a valid tourist reason for visiting

* I'm planning to visit tech conferences, which is also a valid reason, according to their rules

There's only one issue - they mention that the person must have significant ties outside the US.

I have the following ties to Australia:

* Born here

* Family and friends here

* Done a lot of work here, and have some business concerns here

However, I don't own any property in Australia, and I'd rather not maintain a rental property while I'm gone, as it would be money wasted.

So given the above, do you think I'm still likely to successfully obtain the visa without a long-term rental contract?

Or should I get a rental contract first, to last the full 6 months?

I really don't want to be forced to maintain a rental in Australia, but it would be better than failing my visa application.

Any thoughts?

Do you understand that if the B1/B2 visa is denied, you will no longer be able to use the VWP?

[Boiler 45,513]

So you want a B to stay 6 months with your GF?

[Penguin_ie 5,993]

People who have the ability to travel on the VWP tend to have a difficult time getting a B2, because tourism and attending conferences can be done in the 90 days of the VWP. While it is not impossible that you will get a tourist visa, I would strongly suggest you go over on the VWP (try for 87 days or so, in case of flight delays on way home), then spend the same amount of time AT LEAST back home before going for another 3 months. This also makes more sense with your degree, as you would need to attend lectures back home, right?

[Athena13 10]

https://help.cbp.gov/app/answers/detail/a_id/1097/~/previously-denied-a-visa-or-immigration-benefit

If you were previously denied a visa, or previously refused entry to the United States, or previously removed from the U.S., your ESTA application will most likely be denied.

Do you understand that if the B1/B2 visa is denied, you will no longer be able to use the VWP?

thank you for the info.

I asked because of my situation. I'm an Australian citizen living in the US with green card (cos i'm married here). and my mother is still living in Australia (Aus citizen too). I'm having a baby and also for later on when she retires, she'd like to come visit me in the US and stay for 6 months or few months (longer than the VWP 90 days) in a year. She may do that every year, every 2 years or something like that.

So I don't know how she can do that.

She loves Australia, she doesn't want to move to the US.

Do you have any input on that?

[Ryan H 3,812]

Posts split from old thread

[EM_Vandaveer 2,408]

thank you for the info.

I asked because of my situation. I'm an Australian citizen living in the US with green card (cos i'm married here). and my mother is still living in Australia (Aus citizen too). I'm having a baby and also for later on when she retires, she'd like to come visit me in the US and stay for 6 months or few months (longer than the VWP 90 days) in a year. She may do that every year, every 2 years or something like that.

So I don't know how she can do that.

She loves Australia, she doesn't want to move to the US.

Do you have any input on that?

Once you will be a citizen, you can file for your mother, she can get an immigrant visa, it means she would get a Green Card. I realize she does not want to move to the US, but nevertheless, if she gets a GC, she could live in the US for five years (visit Australia for up to 6 months out of each year), get citizenship and once she is a US citizen she could come and go whenever she feels like it.

[JFH 12,190]

thank you for the info.

I asked because of my situation. I'm an Australian citizen living in the US with green card (cos i'm married here). and my mother is still living in Australia (Aus citizen too). I'm having a baby and also for later on when she retires, she'd like to come visit me in the US and stay for 6 months or few months (longer than the VWP 90 days) in a year. She may do that every year, every 2 years or something like that.

So I don't know how she can do that.

She loves Australia, she doesn't want to move to the US.

Do you have any input on that?

She will need to be careful. Ordinarily it is "easier" for retired people to get B2s than working people (talking about VWP countries here) as they are unlikely to be working illegally. Many retired Brits with second homes in Florida do that and spend the winter in Florida. Work is the last thing on their minds! However, in the USA caring for a grandchild is considered work. And that is strictly not allowed on a B2. She can visit you and the baby. She can help you with the baby and around the house whilst you are at home or the baby is with a nanny. But she cannot be the primary caregiver whilst you are at work.

[Athena13 10]

Once you will be a citizen, you can file for your mother, she can get an immigrant visa, it means she would get a Green Card. I realize she does not want to move to the US, but nevertheless, if she gets a GC, she could live in the US for five years (visit Australia for up to 6 months out of each year), get citizenship and once she is a US citizen she could come and go whenever she feels like it.

Thanks. I don't think I want to become a US citizen, at least not yet.

and my mum doesn't want a green card.

[Athena13 10]

She will need to be careful. Ordinarily it is "easier" for retired people to get B2s than working people (talking about VWP countries here) as they are unlikely to be working illegally. Many retired Brits with second homes in Florida do that and spend the winter in Florida. Work is the last thing on their minds! However, in the USA caring for a grandchild is considered work. And that is strictly not allowed on a B2. She can visit you and the baby. She can help you with the baby and around the house whilst you are at home or the baby is with a nanny. But she cannot be the primary caregiver whilst you are at work.

Thanks for the info about the retired Brits in Florida.

No my mum won't be a 'nanny' for us. I'm not working so I will be the main child care taker and homemaker.