B2 visa validity

[SusieQQQ 11,586]

6 hours ago, Boiler said:

I assume the B was for cohabitating with the L, that is why it was issued, and therefore no longer  valid.

Which of course makes no sense in itself. You are not supposed to reside in the US on a B visa, so why would they issue one for that purpose?

[Boiler 45,494]

40 minutes ago, SusieQQQ said:

Which of course makes no sense in itself. You are not supposed to reside in the US on a B visa, so why would they issue one for that purpose?

Define reside, more definitions than I can keep count of.

 

Usually a L1 SO would qualify for a L2, but you need to be married, otherwise B2 Cohabiting would the way to go, normally the PoE would admit you for 12 months which would Resident from a tax perspective. 

[SusieQQQ 11,586]

2 hours ago, Boiler said:

Define reside, more definitions than I can keep count of.

 

Usually a L1 SO would qualify for a L2, but you need to be married, otherwise B2 Cohabiting would the way to go, normally the PoE would admit you for 12 months which would Resident from a tax perspective. 

Ok... 

does explain why 5 year and not 10 year validity o suppose, still seems odd to me if she can’t use it for travel though, what does she do, apply for a new B visa when she has an existing one?!

Edited February 7, 2018 by SusieQQQ

[Boiler 45,494]

17 minutes ago, SusieQQQ said:

Ok... 

does explain why 5 year and not 10 year validity o suppose, still seems odd to me if she can’t use it for travel though, what does she do, apply for a new B visa when she has an existing one?!

She would normally use the VWP but presumably wanted to say longer, L2 etc has the mega advantage over a B2 Cohabiting in that it allows you to work.

 

Personally I would just use the VWP to visit, I know people who specifically ask for the annotation as usually you will be admitted for a year if the PoE know what they are doing.

[SusieQQQ 11,586]

2 hours ago, Boiler said:

She would normally use the VWP but presumably wanted to say longer, L2 etc has the mega advantage over a B2 Cohabiting in that it allows you to work.

 

Personally I would just use the VWP to visit, I know people who specifically ask for the annotation as usually you will be admitted for a year if the PoE know what they are doing.

She’s saying she can’t use VWP because you can’t use it if you have a valid visa. 

I think best bet is to contact embassy and either clarify she can use the visa, or get it cancelled without prejudice and apply for ESTA.

[Boiler 45,494]

She does not have a valid visa for what she wants to do.

[Beet83 1]

It’s a headache isn’t it? I called the embassy but still don’t feel a great deal of comfort. The lady said the visa was valid as long as the purpose of my visit was tourism. Obviously I got the usual disclaimer about the decision being made by the POE but my lack of comfort is that she didn’t seem to listen to the situation or annotation. She kept talking to me about getting an L2 even though I kept telling her that a) I had one and b) we don’t live in the US anymore. 

[Boiler 45,494]

You spoke to the Embassy/Consulate, or the Call Center?

[Beet83 1]

15 minutes ago, Boiler said:

You spoke to the Embassy/Consulate, or the Call Center?

I called the number provided on the Embassy website. Possibly just the call center? 

[Boiler 45,494]

3 minutes ago, Beet83 said:

I called the number provided on the Embassy website. Possibly just the call center? 

Did they sound Scottish?

[Beet83 1]

18 minutes ago, Boiler said:

Did they sound Scottish?

I ended up calling Zurich as that’s where I live. I was planning on trying London next week so I guess if they’re Scottish sounding they’re the Call Center?

 

To be honest I think whether I go with the b2 or get an ESTA it’s all going to be dependant on the POE Officer on the day. 

[Boiler 45,494]

Ahh, the UK flag confused me.

 

No idea how the Swiss side deals with things, in the UK it goes to a Scottish center.

 

I have made my comments otherwise so leave it at that.

[Beet83 1]

Thanks to your input - it’s much appreciated. 

 

I’ll try London next week and also contact our attorney in the US who helped us with the initial visa applications but I suspect they’ll be non-committal. I’m leaning towards an ESTA at present as the annotation, to me, reads like a restriction. 

[Beet83 1]

Thought I’d update this in case anyone else find themselves in the same situation. 

 

I applied for an ESTA which was approved straightaway. We used the machines at immigration as we’d had ESTA’s on the same passports a number of years ago. The agent who stamped them noticed my husbands old L1 and asked him a couple of questions about his occupation before stamping both the passports and waving us on.