Mercyknight

Hey all,

I am British, my wife is South African with permanent residency in the UK. We want to go the USA in 2018. I qualify under the VWP, she clearly doesn't.

We want to stay in the USA for 12 months and we'd love to ultimately move there (understanding how difficult it is from reading the stickies on here)

During the 12 months we want to undertake a training (non-accredited) with our church in the US (Baptist). So I've done some research and have these questions:

1) B1/B2 Visas seem to be issued for only 6 months, is there an option anywhere to ask for a 12 month visa (I read somewhere about 10 year ones being issued)?

2) My South African wife was issued with a 10 year one that expired in 2014, would this help if she were to apply for another tourist visa?

3) I've never applied for a tourist visa as I've always used the VWP. If I applied for a B1/B2 visa would I immediately be limited to 6 months?

4) Is there a chance that if I get granted a longer visa that the US might issue shorter visas for our children (x3 British kids)?

5) We rent in the UK, so how do I prove that I'm going to be returning home. Can we just move into my mum's and use that a residency in the UK?

6) I've looked into a religious workers VISA (I'm a pastor in the UK), but that requires my church denomination to sponsor me. I've requested that they do, but does anyone have any experience applying under that category? It seems like an easier category for me to apply under etc.

I've been reading forums all night, and do have some information, but there's lots of conflicting info out there. Any help would be massively appreciated. Thank you so much

Noorah101

1. No. A typical B visa is issued for a validity of 10 years, multiple entries. But the length of stay in the USA is limited to 6 months or less on any one visit, determined by the POE officer.

2. No, it makes no difference.

3. Yes, and keep in mind that it's very difficult to get a B visa if you are eligible to use the VWP. So you already have an uphill battle.

4. Maybe, but doubtful.

5. Using mom's address doesn't prove you'll be returning. Perhaps a letter from your employer starting when you will be expected back to work. Another uphill struggle for you. What will the kids do? Are they school age? I didn't think they could attend school on a B visa.

6. The religious worker visa sounds like what you need. You can't easily go live in the USA for a year on a B visa, which is meant for either very specific short term work, or tourism.

Rene

Noorah101

The question the visa officer will have is... why do you need to have this year-long training in the USA? Is it something not available in the UK?

Rene

SanDiegogirl

Just a side issue.

What do you mean your wife has Permanent Residency in the UK ?

Unless your wife has obtained British citizenship, then I would presume she has Indefinite Leave to Remain. This, while allowing permanent residency, does not allow for long absences.

Bear in mind that a leave of two years or more out of the UK may well result in her visa lapsing. Just something to keep in mind.

Mercyknight

No, the church here is a small church plant from the US, so the main training facility is in the US at the larger church.

R1 seems like a really possibility, and it seems like a better route to a Green Card as well.

I just need to receive an actual job offer from the church. Even that process seems a lot less complicated than a working visa via sponsorship.

Mercyknight

Great advice.

Mercyknight

On the B2 VISA, is there any option to request a length of stay. When I started filling the forms in it asked for estimated arrival date and estimated leaving date. I'm assuming at the interview, as long as I explain the reasons honestly for being there, the can make a discretionary decision.

^I don't know if it works like that, but is that a possible outcome.

shiversaint

From a technical perspective, the amount of time you are allowed to stay in the US is determined at the port of entry (this was mentioned above), so even if you enter this on the application as a 1 year stay, it's supremely unlikely that a CBP officer at the border would take it into account. I suspect you entering a 1 year stay on a B visa application will get it denied anyway, especially as you are eligible for the VWP.

Consider this: you're looking at a B visa to try and achieve something that it isn't meant to account for, so you will likely fail.

You have two clear paths here in my view - you say you're doing something educational, so consider a F or M visa if either are applicable. You also say it's related to a religious institution, and the R visa is therefore open to you as another poster has said.

Pulaski

Irrespective of visas and any period the CBP officer allows at the port of entry, you really don't want to stay beyond 6 months because you will become liable for US taxes. Which brings up the subject of health insurance as you will find travel insurance for that long in the US hard to find and expensive and you probably wouldn't qualify for regular US health insurance, not least because you are technically not resident and don't have a SSN.

If your intention is a year of training then one of the following visas may apply, R-1, J-1, or F-1 (requires the institution to be registered for sponsoring international students). Aside from the issue that B-2's are rarely granted to people less than retirement age who are otherwise VWP eligible, it is also Iikley that what you are proposing (non-accredited training) isn't permitted on a B-2 visa anyway. So unless you can obtain an R-1, J-1, or F-1, there may not actually be a visa that covers the activity you are planning.

Mercyknight

travel.state.gov:
Certain religious related activities can be undertaken using a visitor (B) visa, such as private worship, prayer, meditation, informal religious study,

_______

My wife is South African so she will have a better chance of getting a B2 visa, can we apply as a family and would that make a difference, as she is not part of the VWP?

In an ideal world would this plan work:

Apply for B2 visa (I'm aware this is difficult) explaining the reasons for travelling there. If we're granted this soon completing option 1, or it took time for visas to come completing option 2:

Option 1:
Go to the USA in Jan 2018 until May 2018 and return back to the UK. Then heading back to the USA at the end of Aug 2018 until the beginning of December 2018.

Option 2:
Go to the USA in August 2018 until December 2018 and return back to the UK. Then heading back to the USA at the end of January 2019 until the end of May 2019.

That's literally all we want to do ^ - I'm aware in the original post I stated a year, but as a minimum a could tweak the plan to the above option that I've laid out.

Thoughts?

Noorah101

The B visa can't be applied for as a family, no. Each person applies for their own. It's not based on family unit.

Your proposed plans still have the same flaws. It will be difficult to get the B visa in the first place, your proposed activities might not be allowed on a B visa, you might ebbs up spending enough time in the USA to become tax liable.

I assume you have enough money saved up to support a family of 4 in the USA for 1 year, including a home, utilities, car, food, health insurance, etc? You won't be getting any income or assistance from the church, either in the USA or the UK?

And you never said how old the kids are.

Rene

Mercyknight

There is an option in the application form to book the same interview slot with a group/party/family you're travelling with.

We'll be supported by the church in UK

7, 4, and 2

Pulaski

Bear in mind that if your application for a B-2 is denied then you will be unlikely to be approved for an ESTA for 6-12 months afterwards. There is no hard and fast rule, but that is what people usually report. Occasionally it is longer than 12 months.

Also, hypothetically if you get a B-2 visa, just because you are allowed in for a substantial period the first time doesn't guarantee that you would be admitted for a second substantial period shortly afterwards. I think your "option 1" is more likely to succeed from a visa/ entry perspective, because of the longer break in the middle, but would make you liable for taxes in the US for the 2018 tax year.

IMO "supported by the church" is likely income taxable by the IRS, after you have spent six months of the year in the US.

Noorah101

Yes, the interview can be done as a family. But the visas are issued individually. Your wife could get approved, but you could get denied.

That's too vague. Will they be supporting you financially? Sending you a monthly stipend? A lump sum? Will they be paying the hospital bills if your kid breaks an arm? How will you prove this to the interviewing officer?

So what about their schooling in the USA?

I don't think your B visa plan is a good one. I see too many obstacles. And if I see them as a layman, the officer will for sure. You are essentially going to be living in the USA as tourists, which is not allowed.

Rene

Mercyknight

Is there a better option then after seeing our plans?

PS. I'm also a qualified teacher, was thinking of homeschooling them, or paying for private tuition.