B2 visa although ESTA possible?

[egvrae 0]

Hi everyone,

 

even though I'm eligible for an ESTA I would like to apply for a B2 visa, as I want to stay longer than 3 months. The reasons for this are that I want to visit my boyfriend who's on a H1B visa, travel the US for about 2 months, do my divemaster in Florida for a month and stay in LA for a month to take dance classes (best in the world!). Regarding ties to my home country: I have a rental contract for a flat. I won't have a job at this time, because I will start university in my home country, I can do the classes remotely. I will have enough money to fund my trip and a return ticket.

 

My questions are:

 

- is it too risky to apply for B2 when I could also use ESTA? Would my plan be enough reason to get the longer visa?

- will my boyfriend be an issue for the border officers? (I do not want to immigrate and really want to travel on this visa, but they might think otherwise)

- am I allowed to study remotely from the US at the university in my home country?

 

Thanks so much for your advice!

 

[Boiler 46,031]

Safer to split up the things you want to do into 2 visits using the VWP.

 

Nothing I can think of does not allow you to study on line when visiting.

[Mike E 11,742]

When ESTA is possible, B-2 is usually denied. Once B-2 is defined, ESTA is impossible. Thus a de-facto ban.  
 

Not worth the risk imho 

[Boiler 46,031]

ESTA is not impossible, you do need to declare it which could make things tricky.

[Coco8 1,042]

Quote

- am I allowed to study remotely from the US at the university in my home country?

Yes, you are allowed. However, studying remotely makes your ties weaker. Attending university would be a tie to your country, because you are supposed to go back to study. You'd need to be able to explain how you'd be able to keep up with your studies if you are planning all these trips and activities. You'll have a pretty big time difference, which makes it difficult to explain how you plan to keep up with school. Even if class is asynchronous, you wouldn't be able to attend office hours, for instance, with a 10 hour difference between LA and Europe -- assuming you are there. You would not have access to a library. Would the consulate officer be able to "buy" this? 

 

If you can study remotely, then having a lease for a place to live becomes a pretty weak tie. You have the place but you don't need to keep it and you could very well end the lease after the interview with the consulate (what's the point of keeping an empty place for 6 months?)

 

Thus, you would be applying with no ties to your country which ends in denial.

 

My understand is that if your B2 is denied, your ESTA will be denied as well. So you'd be risking a lot by applying. I agree with others suggesting you split your trips.

 

 

Edited December 8, 2021 by Coco8

[millefleur 5,047]

@Jorgedig has experience getting a B while eligible for an ESTA. Seems like most people feel it's not worth the risk losing the privilege of ESTA. I assume you need a very good reason and strong ties to home to get a B when you already have the ability to visit via ESTA/WVP.

[retheem 568]

 

1 hour ago, egvrae said:

Hi everyone,

 

even though I'm eligible for an ESTA I would like to apply for a B2 visa, as I want to stay longer than 3 months. The reasons for this are that I want to visit my boyfriend who's on a H1B visa, travel the US for about 2 months, do my divemaster in Florida for a month and stay in LA for a month to take dance classes (best in the world!). Regarding ties to my home country: I have a rental contract for a flat. I won't have a job at this time, because I will start university in my home country, I can do the classes remotely. I will have enough money to fund my trip and a return ticket.

 

My questions are:

 

- is it too risky to apply for B2 when I could also use ESTA? Would my plan be enough reason to get the longer visa?

- will my boyfriend be an issue for the border officers? (I do not want to immigrate and really want to travel on this visa, but they might think otherwise)

- am I allowed to study remotely from the US at the university in my home country?

 

Thanks so much for your advice!

 

Use your ESTA visa. Thank us later

[SalishSea 18,125]

Yes, my (now) husband was able to get a B-2 visa, after a complicated POE situation at a tiny Salish Sea port entry here in Washington state, coming in from Canada.  They seemed wholly unfamiliar with the VWP at that location, so we unknowingly pursued the B.

 

Fortunately, he did get the visa, although he never stayed for longer than about 6 weeks at a time on the B, and always had a return ticket.  He legitimately would never have tried to AOS on a visit.  We are older, and he had a professional job, children, a house, etc to deal with once he got the K-1 and was ready to immigrate.

 

In retrospect, we would not risk it now, especially since the 3 month duration of the VWP was always more than enough time for the many visits we had before he moved here.

 

This was via the US consulate at Auckland, NZ.   I suspect YMMV at other consulates.  Another thing to think about these days, is that the wait time for B visas in light of COVID may be considerably longer, and those appointments will not be prioritized in VWP countries.

[egvrae 0]

Thanks for all the replies so far! I does indeed sound better to go with an ESTA. I know there's no rule on how long you have to stay out of the US (and border countries) after the 90 days, but do you have any advice on how long I should go home before returning on an ESTA?

[Boiler 46,031]

Some favour at least as long as you were in, others twice as long as you were in.

 

The important issue to remember is that you are visiting and it needs to look like that.

[Mike E 11,742]

3 minutes ago, egvrae said:

Thanks for all the replies so far! I does indeed sound better to go with an ESTA. I know there's no rule on how long you have to stay out of the US (and border countries) after the 90 days, but do you have any advice on how long I should go home before returning on an ESTA?

If you stay for 90 days don’t come back for 90 days and don’t come back without an explanation as to how you are able to afford to not work 180 days put of the year.   

[SalishSea 18,125]

13 minutes ago, Mike E said:

If you stay for 90 days don’t come back for 90 days and don’t come back without an explanation as to how you are able to afford to not work 180 days put of the year.   

Right.

 

And OP, if you're looking more to be in the US for education purposes, you may want to look into the appropriate visa for that, F-1.

[Redro 4,611]

6 hours ago, egvrae said:

Thanks for all the replies so far! I does indeed sound better to go with an ESTA. I know there's no rule on how long you have to stay out of the US (and border countries) after the 90 days, but do you have any advice on how long I should go home before returning on an ESTA?

As you are a university student, I would only vacation in the States when classes are not in session. 

Visit during the winter or summer break... I wouldn't do both. 

Edited December 9, 2021 by Kor2USA