B2 visa - really that difficult?

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Old Apr 23rd 2015, 1:47 pm
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Default Re: B2 visa - really that difficult?

Originally Posted by ian-mstm
With respect, the US doesn't actually care whether or not their rules and regulations are inconvenient for you.


Both of these will likely work against you from a US immigration point of view.


Lots of people cross the US border at night. US immigration knows that people do it... and it's a very common thing. However, it's still illegal... just like working on the VWP. Visa issues aside, the question you seem to be asking is: "Can I get away with it?" Answer: maybe... maybe not.

Bottom line - you are free to do whatever you want. We just want you to be aware of the risk you're taking. A visa denial will follow you for the rest of your life.

Ian
Thanks for your input. I must say I'm rather confused about the whole volunteering thing though. I really don't see how it can be illegal though when it's so legit. If it was illegal then surely these very official organisations would be shut down? My question isn't can I get away with it, it's is it really a problem? I hadn't actually considered this as a problem I might encounter until now. As I said, I've even told immigration officers about my intentions to work exchange and they didn't care.
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Old Apr 23rd 2015, 1:59 pm
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Default Re: B2 visa - really that difficult?

Not illegal if you have the right visa, you are asking about a tourist visa not a work visa.

There are 10 million or so illegals in the US, I see no move to shut their employers down.
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Old Apr 23rd 2015, 2:28 pm
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Default Re: B2 visa - really that difficult?

Originally Posted by stk
Thanks for your input. I must say I'm rather confused about the whole volunteering thing though. I really don't see how it can be illegal though when it's so legit. If it was illegal then surely these very official organisations would be shut down? My question isn't can I get away with it, it's is it really a problem? I hadn't actually considered this as a problem I might encounter until now. As I said, I've even told immigration officers about my intentions to work exchange and they didn't care.
You will get away with it till you don't. It really depends on the Immigration people when you land, if they are having a bad day, or have had a blazing row with a partner, co-worker, are feeling out of sorts, then they may just decide, NO, and that will be the end of it, you will be going back home.
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Old Apr 23rd 2015, 2:40 pm
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Default Re: B2 visa - really that difficult?

Only one way to know if it's a problem for you or not, is to apply for the visa. Just make sure you are OK with not visiting the USA again for the next 6 to 12 months.

If you decide to apply for the B2, I would not mention the USC boyfriend. Provide a detailed itinerary of your activities, with strong proof that this is volunteering (not work/study, as that sounds like a J1 visa). Provide proof that you can financially support yourself the entire time without working in the USA.

Let us know how it turns out.

Rene
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Old Apr 23rd 2015, 2:51 pm
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Default Re: B2 visa - really that difficult?

Just had a look at Workaway's website, and they make it quite clear that visa issues are not something they want to get involved in. This is from the Workaway site;

The subject of visas, Working, Voluntary, tourist, student or otherwise is a very complex issue and a varies from country to country depending on a number of factors (Age, nationality, funds etc) Immigration laws constantly change and it is very important that you seek advise from the relative country´s embassy.
Workaway does not offer information or advise on visas.
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Old Apr 23rd 2015, 2:51 pm
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Default Re: B2 visa - really that difficult?

Originally Posted by Boiler
Not illegal if you have the right visa, you are asking about a tourist visa not a work visa.

There are 10 million or so illegals in the US, I see no move to shut their employers down.
Good point.
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Old Apr 23rd 2015, 2:55 pm
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Default Re: B2 visa - really that difficult?

Originally Posted by Noorah101
Only one way to know if it's a problem for you or not, is to apply for the visa. Just make sure you are OK with not visiting the USA again for the next 6 to 12 months.

If you decide to apply for the B2, I would not mention the USC boyfriend. Provide a detailed itinerary of your activities, with strong proof that this is volunteering (not work/study, as that sounds like a J1 visa). Provide proof that you can financially support yourself the entire time without working in the USA.

Let us know how it turns out.

Rene
Thanks Rene. After everything that's been said, would it be worth/possible for me to apply for a J1 visa instead?
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Old Apr 23rd 2015, 2:58 pm
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Default Re: B2 visa - really that difficult?

You need a sponsoring organisation etc etc, J1 would not be an obvious choose for what you have said you want to do.

To be fair there is no visa most likely for what you want to do.
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Old Apr 23rd 2015, 3:14 pm
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Default Re: B2 visa - really that difficult?

Originally Posted by stk
Thanks Rene. After everything that's been said, would it be worth/possible for me to apply for a J1 visa instead?
Sorry, I don't know enough about the J1 visa details. You'd have to see if the organization will sponsor you for one.

Rene
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Old Apr 23rd 2015, 3:29 pm
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Default Re: B2 visa - really that difficult?

Hmmm, not looking good really is it! Thanks anyway for all your input everyone. If anyone has a better idea for me then great... Otherwise I'll just stick to the visa waiver. I don't want to risk not coming back for so long.
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Old Apr 23rd 2015, 3:35 pm
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Default Re: B2 visa - really that difficult?

Australia has a working visa.
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Old Apr 23rd 2015, 4:44 pm
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Default Re: B2 visa - really that difficult?

Originally Posted by stk
Hmmm, not looking good really is it! Thanks anyway for all your input everyone. If anyone has a better idea for me then great... Otherwise I'll just stick to the visa waiver. I don't want to risk not coming back for so long.
Plan a shorter trip and spend more time with your boyfriend.
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Old Apr 23rd 2015, 5:08 pm
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Default Re: B2 visa - really that difficult?

US immigration defines "any task for which someone is customarily paid" as being "work". It matters not one jot that you were not paid, if you were performing tasks that are usually paid for, e.g. labouring on a farm, unless for a bona fide charity e.g. a horse rescue centre, then you have been working contrary to US employment law and visa regulations.

Last edited by Pulaski; Apr 23rd 2015 at 5:44 pm.
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Old Apr 26th 2015, 9:46 am
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Default Re: B2 visa - really that difficult?

Originally Posted by stk
Hi all, I'm incredibly confused as to whether I should apply for a B2 visa or not. I want a B2 visa instead of the visa waiver because there is simply not enough time for me to do everything I want to do in 90 days.

Firstly, my boyfriend is from the USA. We've been visiting each other for long and short periods of time for over 2 years now. Secondly, I do a lot of travelling, volunteer work and work exchanging (farms etc), and I enjoy doing it in the USA particularly, as I find the knowledge I gain there most rewarding of anywhere I go. I have a great track record in terms of my past entries and exits to the USA, never overstayed visas and always left when I initially said I would. Plus I have a lot of savings, perfectly sufficient funds for my stay. However, as I said, I'm a traveller. I don't know what I will be doing afterwards. I'm a nanny at home but I've already handed in notice for the coming summer.

Bearing in mind I'd like to stay for about 5 months, most of that wouldn't even be spent with my boyfriend. I'm going much more for the voluntary work, and could provide an itinerary. Advice please!??
I would stick with the ESTA.

My B1/2 caused me no end of hassle, more often than not the immigration bod asked me if I had a criminal conviction. On one memorable occasion at EWR one of the immigration officers walked down the line, saw my white slip (they've since done away with the white slips!) and asked why I was travelling on a B1/2 rather than an ESTA. He concluded in a booming voice that I must be a criminal in front of everyone else in the line. Welcome to the United States!
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Old Apr 26th 2015, 9:58 am
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Default Re: B2 visa - really that difficult?

Originally Posted by AndFinally
I would stick with the ESTA.

My B1/2 caused me no end of hassle, more often than not the immigration bod asked me if I had a criminal conviction. On one memorable occasion at EWR one of the immigration officers walked down the line, saw my white slip (they've since done away with the white slips!) and asked why I was travelling on a B1/2 rather than an ESTA. He concluded in a booming voice that I must be a criminal in front of everyone else in the line. Welcome to the United States!
Oh my goodness that's awful! I've had something like that before, however that was from Canadian immigration. Thanks for your advice. Definitely sticking to ESTA now...
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