B2 Visa extension advice request

[Ein 2]

Hi

 

Many apologies for the long post.

 

I'm a UK citizen and have previously travelled to the USA on an ESTA visa waiver. I've had multiple entries and have never overstayed. This time I entered the USA on a B2 visa in September 2022. I was granted a 6 month stay so my i94 shows I can stay until March 2023. I'm visiting my girlfriend here in the USA, who is a US citizen and permanently resident. I was completely transparent about this in the visa interview and, thankfully, was able to overcome the presumption of immigrant intent.

 

We were hoping that we would be able to extend the tourist visa until May/June 2023, at which point we would both travel back to the UK together where she could holiday. Our initial research seems to have suggested that this would be an easier process than it actually may be.

 

I've taken care not to breach any of the terms of my visa as I want to keep my nose clean for future visa or immigration applications. I haven't worked here. I have sufficient funds available to support my stay for the additional time and am actually on a 12 month sabbatical from my employer in the UK. My employer is not expecting me back until July 2023 and has provided me with a letter to evidence this. The additional time would therefore not have any impact on my employment or UK ties. I have a return flight already booked but I can change the date on this, etc. 

 

That was the initial plan and, without wanting to go into too much additional detail, my girlfriend and I are now looking into her moving to the UK, this summer, for a few years minimum. This is a significant undertaking if it can happen, and it's now even more important for me to remain in the US to support her in this endeavour. I don't know, however, if this will rise to the level of 'compelling' for the USCIS. My girlfiend and I are really hoping to get the best advice on how to achieve this. I've been looking at YouTube videos surrounding extensions and the advice they give is not the best and generic by design.

 

I've started the I-539 application on the USCIS website to extend the visa. One recent video by an immigration attorney seems to suggest that submitting it is not worth the time or money as this route is now nigh on impossible with the wait times and endless requests for additional evidence. They also say that they now don't even submit the applications for clients as it never goes well.

 

The USCIS website states to submit the application at least 45 days before the expiry date to allow for processing, but it looks like the estimated times would take me well past the i94 expiry date and even the date I would be staying until. I could file the application tomorrow, but one YouTube video suggested this could invite rejection if it's deemed 'too early.' My understanding is that if I've successfully submitted the application online and don't have my decision by the i94 expiry date, then I can stay in the US but it's a grey area and becomes a gamble. If the application is approved then I'm okay for the additional time. If it's denied then this additional time becomes unauthorised, resulting in a cancelled tourist visa, possible re-entry ban and guaranteed headaches for any future visa applications. This idea has the benefit of my definitely being here when needed and is fantastic if it works, but has serious drawbacks if it goes wrong.

 

We're also considering the possibility of not submitting the I-539, with me leaving on the original flight ticket and returning on the ESTA visa waiver after an 'acceptable' period of time. This way I don't have any overstay but this could also look suspicious and re-entry is dependant on the airport customs agent.

 

I guess my questions are - Are there any options which I'm not aware of? Is it possible to leave on the B2 visa and return on the ESTA and how quickly could I reasonably do this? Is the B2 extension likely at all and are the processing dates actually as horrendous as they seem? If I stay past the i94 expiry date, is my understanding correct in that it's 'allowed' but could potentially backfire? Do you have any insight or advice you can give. Thank you.

Edited January 17, 2023 by Ein
Additional info

[Verrou 1,949]

i-539 take forever, and if ur reason is not strong enough, usually end up with denial. you dont want to be out of status while waiting and lost ur esta for good. when u lost esta, it will be gone forever. 

Edited January 17, 2023 by Misscloud

[Boiler 44,946]

Whether you seek to return on the VWP or B2 is irrelevant.

 

Usual rule of thumb is to stay out as long as you have been in but no guarantees.

 

Extensions seem to be taking over a year to be reviewed.

[Crazy Cat 41,291]

25 minutes ago, Ein said:

We're also considering the possibility of not submitting the I-539, with me leaving on the original flight ticket and returning on the ESTA visa waiver after an 'acceptable' period of time.

I would do this.  If you overstay even 1 day, you will immediately lose ESTA/VWP (forever) and the B2. 

Edited January 17, 2023 by Crazy Cat

[Mike E 11,732]

 

it was a miracle that you got a B visa. Most people who are eligible for esta are denied a B visa which means esta is gone forever which means a B visa is gone. 
 

You rolled the dice and got snake eyes. 
 

Now you are trying to draw an inside straight. 
 

Don’t risk your B visa. Go home well before your I-94 expires. 

[Ein 2]

Thank you for the responses and advice. It's much appreciated.

 

My partner and I have discussed the responses and decided that it's best to forget about the extension, as we don't want to lose the Visa Waiver or B2.

 

I'm going to return home in March, before the expiry date, and try to return in May/June under the visa waiver. I don't need the 6 month allowance of the Tourist visa, and will just be here to help my girlfriend move to the UK. We'll try to put together as much evidence as possible of the situation and hope it's enough to convince CBP that I'm not trying to live here, quite the opposite.

 

I'm just wondering about if I'm denied entry (I'm guessing it's the likeliest outcome, but I have to try). Would the visa or ESTA get cancelled? Do I have to pay for my own ticket back on the next flight?

Edited January 23, 2023 by Ein
Spelling

[Boiler 44,946]

11 minutes ago, Ein said:

Thank you for the responses and advice. It's much appreciated.

 

My partner and I have discussed the responses and decided that it's best to forget about the extension, as we don't want to lose the Visa Waiver or B2.

 

I'm going to return home in March, before the expiry date, and try to return in May/June under the visa waiver. I don't need the 6 month allowance of the Tourist visa, and will just be here to help my girlfriend move to the UK. We'll try to put together as much evidence as possible of the situation and hope it's enough to convince CBP that I'm not trying to live here, quite the opposite.

 

I'm just wondering about if I'm denied entry (I'm guessing it's the likeliest outcome, but I have to try). Would the visa or ESTA get cancelled? Do I have to pay for my own ticket back on the next flight?

VWP days would be dead, B2 would not be automatic 

 

You have a return ticket you would need to ask the Airline if there s a change fee

[Ein 2]

3 minutes ago, Boiler said:

VWP days would be dead, B2 would not be automatic

 

Just to clarify. I'd lose the ESTA if I'm denied and it'd be gone for good. I could still use the B2 but they'd be asking plenty of questions about it wheneve I try?

[Boiler 44,946]

They might just cancel the B, no way of knowing 

[Ein 2]

2 minutes ago, Boiler said:

They might just cancel the B, no way of knowing 

 

Okey dokey. Thank you for the responses. It's much appreciated.

 

I'll just have to cross my fingers and hope for the best. I'm not intending to stay and will have evidence in support of that. I'll just have to try my best to show that and hope that I've been out of the country long enough to convinvce them I'm not trying to live here.

[Mike E 11,732]

7 hours ago, Ein said:

I'm going to return home in March, before the expiry date, and try to return in May/June under the visa waiver.

You have a visa. Why would you bother with esta? Besides which if the airline or CBP looks through your passport they are likely to record your visa process you that way. 
 

[SalishSea 17,506]

7 hours ago, Ein said:

 

Okey dokey. Thank you for the responses. It's much appreciated.

 

I'll just have to cross my fingers and hope for the best. I'm not intending to stay and will have evidence in support of that. I'll just have to try my best to show that and hope that I've been out of the country long enough to convinvce them I'm not trying to live here.

You stayed for 6 months, want to go home for two months, and then return?  

 

Expect lengthy questioning in secondary.  They will want to know how you can afford to spend so much time on "vacation" without working.  They will also want to know if you have been working remotely, as that is not legal under the terms of VWP/B.

[Ein 2]

10 hours ago, Mike E said:

You have a visa. Why would you bother with esta? Besides which if the airline or CBP looks through your passport they are likely to record your visa process you that way. 
 

I'm not sure. I thought, a show of good faith that I have no intention of trying to stay beyond the 90 days of ESTA and certainly not of trying to max out the visa again.

[Ein 2]

9 hours ago, Jorgedig said:

You stayed for 6 months, want to go home for two months, and then return?  

 

Expect lengthy questioning in secondary.  They will want to know how you can afford to spend so much time on "vacation" without working.  They will also want to know if you have been working remotely, as that is not legal under the terms of VWP/B.

I want to be able to assist my girlfriend in her move to the UK. I'm not looking to stay here beyond that as my life will be in the UK and I'll have no reason to be here. I know it's not a perfect scenario. We'd hoped that a Visa extension would have been a viable option.

 

Is secondary where they take you off to a room for further investigation? I'm imagining that will happen and will prepare all of my documents accordingly. I was warned about remote working by the visa agent at the US embassy, and advised them that I wouldn't be working. I have no intention of breaking the terms of my visa and want to keep my nose clean.

 

I've not been working at all during my time here, remotely or otherwise, and am living off my savings. I will have sufficient funds for any additional time that I'm granted. I'm on a 12 month sabbatical from my employer which ends in July and have evidence of this too. I guess the best I can do is prepare a ton of evidence for inspection, and hope that it sufficiently proves my case. I can certain understand any skepticism and will do the best I can to overcome it and show to them that my reasons are genuine.

[Mike E 11,732]

1 minute ago, Ein said:

want to be able to assist my girlfriend in her move to the UK

This will get you denied entry, visa canceled, and ban.