Couple of questions about B2 Visa App - Help would be hugely appreciated!

[Crazy Cat 41,809]

6 minutes ago, Condaviejune said:

Thank you both, really appreciate the thorough responses.

 

So ties to the UK, I have a registered business here, but I don't own my own place. My apartment lease is coming up so I thought it would be a good time to take a break, really appreciate this info!

 

Staying for 90 days, can you leave for a couple of weeks and come back, or is that more than likely declined? I'm genuinely going for a holiday, I'm not working there, and I don't plan on staying either, I just want to spend a bit of time with my girlfriend and come home. So I'm not trying to 'beat the system' in any way, hope that makes sense!

 

In balance, do you think it's worth not applying for the B2, and going for the 90 days then? If my ESTA gets revoked (I have one already), that would kill me!

I would travel via VWP.  DO NOT OVERSTAY!!!  I would not travel back to the US for at least 6 months....or longer.  EVERY entry into the US is at the discretion of the CBP officer. 

Edited December 13, 2022 by Crazy Cat

[Daphne . 1,852]

7 minutes ago, Condaviejune said:

Thank you both, really appreciate the thorough responses.

 

So ties to the UK, I have a registered business here, but I don't own my own place. My apartment lease is coming up so I thought it would be a good time to take a break, really appreciate this info!

 

Staying for 90 days, can you leave for a couple of weeks and come back, or is that more than likely declined? I'm genuinely going for a holiday, I'm not working there, and I don't plan on staying either, I just want to spend a bit of time with my girlfriend and come home. So I'm not trying to 'beat the system' in any way, hope that makes sense!

 

In balance, do you think it's worth not applying for the B2, and going for the 90 days then? If my ESTA gets revoked (I have one already), that would kill me!

I strongly advise against applying for a B visa because you are Esta eligible. I would always stay a few days under the 90 days, but preferably not that long at all, especially because you don't seem to have the strongest ties to the UK and CBP might have worries letting you in because they might suspect you of not leaving after your visit.

[Boiler 45,443]

Never a good idea to stay full 90 days or even close, you do not want them to start asking questions 

[SteveInBostonI130 3,432]

The rule of thumb is twice as long out than in.  If you visit for 30 days, then wait at least 60 days before returning for another 30 day visit.

 

If it is just to visit your GF for the holidays, then 30 days should be fine.  A part of the prohibition against engaging in work in the US with when entering with VWP (or B2, for that matter) is also not being able to run your UK registered business remotely.  Answering an email or a call now and then is ok, but you are not to do any type of remote work.

 

Edited December 13, 2022 by SteveInBostonI130

[Ban Hammer 13,327]

48 minutes ago, Condaviejune said:

@Boiler you've contributed nothing of help but just made a few remarks. I recommend you log off and go spend time with your family.

 

I'm based in the UK, so it'll be the London office I think? If anybody has any idea about the wait times at the moment.

 

Thank you!

telling others not to post is a terms of service violation.  this is your only warning.

charles
vj moderation

[Condaviejune 0]

Thank you to everybody for your responses, this has really helped me (including your response boiler, thank you).

 

It gives me a lot to think about, but definitely going for 6 months (I have some savings, hence the ability to take a break) is off the cards. So I just need to work out what's best regarding visiting on my ESTA, and then if I leave after this visit, I'll need to take a long break away from the US.

 

One other question, if my girlfriend and I end up getting married, could these prior trips be used against me? Or is that looked at in singularity (marriage visa), rather than being frowned upon that I came out previously to spend some time with her.

Edited December 13, 2022 by Condaviejune

[Crazy Cat 41,809]

1 minute ago, Condaviejune said:

Thank you to everybody for your responses, this has really helped me (including your response boiler, thank you).

 

It gives me a lot to think about, but definitely going for 6 months (I have some savings, hence the ability to take a break) is off the cards. So I just need to work out what's best regarding visiting on my ESTA, and then if I leave after this visit, I'll need to take a long break away from the US.

Remember- The minute you overstay, you will lose ESTA forever. 

[Daphne . 1,852]

3 minutes ago, Condaviejune said:

 

 

One other question, if my girlfriend and I end up getting married, could these prior trips be used against me? Or is that looked at in singularity (marriage visa), rather than being frowned upon that I came out previously to spend some time with her.

Nothing wrong with multiple trips and later on filing for a spousal visa, I did that as well. If anything, it is great proof of a genuine relationship. I also got married during one of my visits, returned to the NL after the wedding and we started the spousal visa process. And I was able to continue to visit while my spousal visa application was processing, BUT I had very strong ties to the NL still (and therefore no issues visiting).

Edited December 13, 2022 by Daphne .

[Marieke H 2,496]

3 minutes ago, Condaviejune said:

One other question, if my girlfriend and I end up getting married, could these prior trips be used against me? Or is that looked at in singularity (marriage visa), rather than being frowned upon that I came out previously to spend some time with her.

Why would your visits count against you if you would end up applying for a spousal visa in the future? It is normal that couples spend time together to get to know each other before they eventually decide to get married. As long as you are always honest about your intentions when visiting, there is no problem. Eventually, evidence of your visits to the US will be proof of having spent time together, which is needed for a spousal visa application.

[Condaviejune 0]

Thank you, everyone, I just wanted to make sure I was doing everything legit, and not trying to 'beat the system' in any way. But that all makes sense to me!

 

I really appreciate the help! Have a lovely evening.

 

Many thanks

Edited December 13, 2022 by Condaviejune

[Condaviejune 0]

45 minutes ago, Boiler said:

Never a good idea to stay full 90 days or even close, you do not want them to start asking questions 

Understood! Thank you @Boiler

[SalishSea 17,801]

17 hours ago, Condaviejune said:

Hey there,

I'm making a B2 visa application, and I would love some advice on a few questions if possible. I'd like to go over for 6 months to spend a bit more time with my girlfriend who's American.

> If I put friend, will that be rejected as it's frowned upon to go as a tourist to spend time with a partner (not married or engaged)?

 

> It asks if I've had a visa petition for me before, I got 50% of the way through a permanent visa, as I was married to a US lady around 8 years ago. I stopped the application after we split up/ got divorced. I assume this would be a yes, as we started the application?
> Where it asks about convictions (etc.) - I was arrested 1/ 2 times as a minor, although I don't have a record (doesn't show on any background checks employers do). It was just stupid things like drunk and disorderly before I was 18, do I need to declare this? (the website seems to indicate I do), and if so, do you know the best way to get the info?

Thank you so much in advance, I'm really nervous about making my application.

P.S. Does anybody know what timescales are like at the moment? For getting an interview and then being approved/ being able to go?

Thank you!
Conor

How can you afford a 6 month vacation without working?   

[SalishSea 17,801]

11 hours ago, Condaviejune said:

Thank you to everybody for your responses, this has really helped me (including your response boiler, thank you).

 

It gives me a lot to think about, but definitely going for 6 months (I have some savings, hence the ability to take a break) is off the cards. So I just need to work out what's best regarding visiting on my ESTA, and then if I leave after this visit, I'll need to take a long break away from the US.

 

One other question, if my girlfriend and I end up getting married, could these prior trips be used against me? Or is that looked at in singularity (marriage visa), rather than being frowned upon that I came out previously to spend some time with her.

You cannot come here to marry or stay (on either ESTA or B2).   If you marry, she will need to properly petition you for a spouse visa. 

[Kanja 201]

2 hours ago, Jorgedig said:

How can you afford a 6 month vacation without working?   

I believe OP indicated they have enough savings. 

[Condaviejune 0]

4 hours ago, Jorgedig said:

How can you afford a 6 month vacation without working?   

I have savings that will be able to see me over for the 6 months.

 

4 hours ago, Jorgedig said:

You cannot come here to marry or stay (on either ESTA or B2).   If you marry, she will need to properly petition you for a spouse visa. 

Understood, if you go on an VWP and get married, is that frowned upon? If you leave the US and then apply for the spouse visa when you're back in your home country.