Can my GF go to a job interview on B1/B2

[EM_Vandaveer 2,417]

4 hours ago, Jorgedig said:

This comment shows your lack of knowledge about the H1B work visa process.  You should encourage your GF to join VJ and read and research as much as possible about all of this.  It is complex, and you need to educate yourselves to avoid pitfalls.

this!!!!!!!!!!! H1B is LITERALLY a lottery because many more apply than how many visas are available every year. I believe about 30% of applicants get a visa (keep in mind 100% of applicants have job offers and all qualifications necessary).

[Cathi 5,784]

I love when people come here seeking advice and then argue with everyone when they don't get the answers they want.

[millefleur 5,047]

5 hours ago, Cathi said:

I love when people come here seeking advice and then argue with everyone when they don't get the answers they want.

I hope the OP was not scared away. I do think that VJ is a great resource for people with the kind of questions they have, it's just hard for some people to realize that US immigration and visitor policies do not always align with their dreams and wishes.

 

I hope OP comes back to update us on the outcome of the situation.

Edited December 2, 2021 by millefleur

[jaysaldi 213]

17 hours ago, shaynethekid said:

She told him that she currently lives in Germany and would need a visa to be able to work here, not sure how he missed that. 

Would her wanting to spend time with me in my country, travelling around, meeting my friends and family for 6 months seem suspicious? That is the ultimate goal here, the job thing was just a curiosity. 

Under the Visa Waiver Program, she can visit you for up to 90 days without a visa. 

I hope you're aware that Visa Waiver  Program eligible travelers (like Europeans) routinely have their B1/B2 visa requests denied unless they have a very good reason for not using the VWP program.

 

"I want to live in the USA for six months playing house with my American boyfriend" is not a particularly compelling reason for he needing to stay in the USA longer than 90 days under VWP. 

 

In fact, her having an American boyfriend makes her B1/B2 visa application weaker, because it gives her a reason to immigrate to the USA.

 

To answer your question, yes, her wanting to drop everything and leave Germany and move to the USA for six months to live with you is very suspicious. It may make the consular officer believe that her ties to Germany are weak (she's obviously not too committed to this job in Germany) and that her ties to the USA are too strong (she has a serious boyfriend there and wants to live there for at least six months).  They may view her as someone who is too high risk and can't be trusted to go back to Germany after six months.

 

If and when her B1/B2 visa application is denied, then she'll be barred from using ESTA (i.e. VWP) and basically be banned from the USA until she applies for an immigrant visa.

 

In my opinion, she's pushing her luck here and it's likely to end badly.  She should just take the automatic, basically no questions asked 90 day visit, under VWP  rather than risk asking for 180 days and then when that's denied her 90 day visit rights disappear too.

 

[Boiler 46,031]

Failed B2 does not ban you from VWP you do need to update ESTA and see

[jaysaldi 213]

17 hours ago, shaynethekid said:

Why would 30-40 days be enough time?

The B1/B2 visa is for business trips and tourism.

 

30-40 days is more than enough time for the vast majority of bona fide tourists and business travelers. Certainly 90 days is.

 

When European tourists apply for and get B1/B2 visas, it's often because they show they are doing a huge tour of the USA, hiking the Appalachian Trail for seven months, something like that, yet they still have strong ties to their home countries.

 

"I just want to stay in the USA with my American boyfriend as long as possible" is not typical tourism. That sounds like someone with immigrant intent who wants to try out living in the USA in anticipating of moving to the USA, and that's not what B1/B2 visas are for.

 

Expect a denial of he visa application and thus an automatic revocation of her ESTA/WP rights.

 

Really, tell her not to file this visa application, or to withdraw it now if it has been filed already.

[jaysaldi 213]

1 hour ago, Boiler said:

Failed B2 does not ban you from VWP you do need to update ESTA and see

Oh really I thought it was an automatic ESTA disqualifier if you say you've been denied a visa, which means VWP disqualifier, what do I have wrong about that?   Do some people still get ESTA approval with a visa denial, and is that very common or very uncommon?

[Boiler 46,031]

ESTA asks if you have been refused a visa, say Yes and see what happens.

[SalishSea 18,125]

15 minutes ago, Boiler said:

ESTA asks if you have been refused a visa, say Yes and see what happens.

By the same token.....if you've been denied a B visa for suspicion of immigrant intent, it is very unlikely that you'd be given an ESTA, for the same reason.

[Redro 4,611]

16 minutes ago, Boiler said:

ESTA asks if you have been refused a visa, say Yes and see what happens.

https://help.cbp.gov/s/article/Article-1097?language=en_US

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.

[Rocio0010 5,630]

13 hours ago, Cathi said:

I love when people come here seeking advice and then argue with everyone when they don't get the answers they want.

Yeah, no kidding. He’s trying so bad to get the gf here that he’s just throwing options out here, to see which one would fly. Next thing you know he’s going to ask if she can obtain an F1 for a community college.

Edited December 3, 2021 by ra0010

[jaysaldi 213]

1 hour ago, Boiler said:

ESTA asks if you have been refused a visa, say Yes and see what happens.

I guess that's my question. What happens.  It sounds like you're saying it's not a 100% denial of ESTA. Do we think it's a 99% denial?

 

I did a little googling and did see an example online of someone from a developing country who was denied a B1/B2 visa, then moved to the UK, got UK citizenship, applied for ESTA, answered Yes to prior denial of ESTA, and ESTA approved. So it sounds like it's not automatic and ESTA can be granted despite prior denial in circumstances like that.

[Boiler 46,031]

8 minutes ago, jaysaldi said:

I guess that's my question. What happens.  It sounds like you're saying it's not a 100% denial of ESTA. Do we think it's a 99% denial?

 

I did a little googling and did see an example online of someone from a developing country who was denied a B1/B2 visa, then moved to the UK, got UK citizenship, applied for ESTA, answered Yes to prior denial of ESTA, and ESTA approved. So it sounds like it's not automatic and ESTA can be granted despite prior denial in circumstances like that.

I am not aware of any published figures, most common scenario may be a delay of 6 months or so before ESTA is approved.