B2 Visa for Retirement

[Caterpillar8 62]

Hello everyone! I am the beneficiary of CR1 (doing I-130). My dad is going to retirement in a couple of years and wanted to do the B2 visa to spend some time with me in the US. I know the B2 visa for pleasure has a 1-10 years with multiple entries and no more than 6 months per entry. My question is: how much time has to pass from one entry to another? Secondly, would the Consulate deny the visa because he is retired or maybe do not allow him more than one entry per year?

 

Thanks in advance!

 

[az2014 381]

There is no official answer to how long to wait between visits. The general advice is to spend at least the same time out of the USA as in.

 

He can be denied for whatever reason the CO wants.

[gregcrs2 1,778]

Your post sounds as though your dad plans on spending much more than "some time" visiting you in the U.S.  

[Caterpillar8 62]

1 minute ago, gregcrs2 said:

Your post sounds as though your dad plans on spending much more than "some time" visiting you in the U.S.  

Visiting his son. Is there any other visa he can apply to? He plans to stay as much as he would like of course without overstaying.

Edited September 27, 2017 by Caterpillar8

[BuiQuang 95]

How much time does ur father want to stay in the US every year?

 

Why not use VWP.

[Caterpillar8 62]

1 minute ago, BuiQuang said:

How much time does ur father want to stay in the US every year?

 

Why not use VWP.

 

 

ESTA is 90 days only. He doesn't know how long, as a retiree you don't know. Maybe it's enough, but maybe he wants to spend more time so it's just better to do a visitor visa for 6 months. This is very early thoughts, nothing official he is doing, he is going to be retired in 2 years approx. There's still plenty of time.

Edited September 27, 2017 by Caterpillar8

[BuiQuang 95]

Ur father want to live and retire in US.  U need be USC to file for him 2 live here.

 

He abuse visitor visa to live here, he can be ban from visiting.  Visitor visa not to live in US when ur father want to live in US for 6 months and then come back in same year for another 6 months.

[Caterpillar8 62]

2 minutes ago, BuiQuang said:

Ur father want to live and retire in US.  U need be USC to file for him 2 live here.

 

He abuse visitor visa to live here, he can be ban from visiting.  Visitor visa not to live in US when ur father want to live in US for 6 months and then come back in same year for another 6 months.

 

 

It's not abusing if he lawfully leaves the country before the 6-month period expires and spend the same time or more (most likely more) overseas. Of course B2 visa is not for living. You shouldn't make assumptions...

Edited September 27, 2017 by Caterpillar8

[BuiQuang 95]

He no get visitor visa, he no can use VWP again.  he take risk, he loss, he no can visit u.

 

[geowrian 22,338]

I second using VWP with shorter trips. If he tries for a B2 and is denied, he needs to update his ESTA application and declare that he was refused a visa. This would likely result in a denial of the ESTA for at least some time, basically removing the ability of him to visit in any form. It just seems risky to me...but he needs to make his own decision knowing the consequences.

 

Anyway, there is no set amount of time he needs to be outside the US between visits. The CBP officer will look at the totality of the circumstances and make a judgement call. The rule of thumb is to be outside the US at least as much as you're inside it, with twice as long being preferable.

[Caterpillar8 62]

2 minutes ago, geowrian said:

I second using VWP with shorter trips. If he tries for a B2 and is denied, he needs to update his ESTA application and declare that he was refused a visa. This would likely result in a denial of the ESTA for at least some time, basically removing the ability of him to visit in any form. It just seems risky to me...but he needs to make his own decision knowing the consequences.

 

Anyway, there is no set amount of time he needs to be outside the US between visits. The CBP officer will look at the totality of the circumstances and make a judgement call. The rule of thumb is to be outside the US at least as much as you're inside it, with twice as long being preferable.

 

 

 

 I wasn't aware of ESTA being denied just because of a rejected visa. I thought it would still apply ESTA.

Edited September 27, 2017 by Caterpillar8

[R&OC 371]

I agree, with the above advise. The B-Visa has the disadvantage that once denied, the ESTA is no longer an alternative - which essentially places a travel stop to his plans.

 

I would use ESTA for a while and if you guys are serious with his idea have him immigrate with you later on (filing a petition for him).

[geowrian 22,338]

3 minutes ago, Caterpillar8 said:

 I wasn't aware of ESTA being denied just because of a rejected visa. I thought it would still apply ESTA.

The ESTA must be updated, and it almost always results in a denial.

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

[Caterpillar8 62]

2 minutes ago, R&OC said:

I agree, with the above advise. The B-Visa has the disadvantage that once denied, the ESTA is no longer an alternative - which essentially places a travel stop to his plans.

 

I would use ESTA for a while and if you guys are serious with his idea have him immigrate with you later on (filing a petition for him).

 

 

Alright! Thanks for the advice. And with ESTA how many entries in the US?

Edited September 27, 2017 by Caterpillar8

[geowrian 22,338]

1 minute ago, Caterpillar8 said:

Alright! Thanks for the advice. And with ESTA how many entries in the US?

No limit, but 90 days max per stay. Too much time in the US, just like a B2, may cause being denied entry.