Mistyknight17

Good day.

My current B2 visa with waiver expired in Dec. I'm in the US on my I94 stamp until end March.

I have my new B2 Visa with waiver which I had posted to me here from the UK. For the reasons of not being separated from partner due to the long processing times I was sponsored to get a second uk passport so could travel on current visa.

I am cohabiting with my partner who is on a work assignment here (sponsor E1 Visa) hence needing to have a long visa. I have had two one year visas and this new one is two years.

My question is how to validate the new B2 visa.

I am Caucasian British female and England is my home country. I am being sponsored here as long as my partner is on transfer.

Are we allowed to travel for a mini break to Canada or would I actually need to go back to uk and return ?! Cost wise is probably same, however would be nice to use the chance to explore the USA and see Canada !

Also is there a rule of how long I would have to leave the States before returning, also despite the fact that I am cohabiting my partner?!

My i94 expires end of march but we have flights home pending to Europe for mid April.

Is an I539 application to extend the I94 date more recommended for those 3 weeks or a trip out of the country before the current i94 expires before returning?!

Given the new government administration, has there been any changes for British Tourists entering the USA?

Any advice appreciated. Obviously only want to do the safest and correct way without being separated again.

ian-mstm

You need to exit and reenter the US using the new visa. You don't have to return to the UK, so even a day trip to Canada or Mexico will do the trick. You can leave and re-enter the same day if you like.

Ian

Mistyknight17

Many many thanks. That's fabulous. Much appreciated for your comments.

ian-mstm

When you're at the border on your way back to the US, be sure to tell the CBP officer that you're a cohabiting partner. You don't want them thinking you're a simple B-2 visitor trying to make back-to-back trips!

Ian

Mistyknight17

Hi. I just wanted to make sure I can enter Canada with my B2 with waiver of ineligibility? Do I need anything separate or do they run on the esta rules ?! Many thanks

christmasoompa

ESTA rules have nothing to do with entering Canada. Canada has it's own admission requirements and rules, and can be harder on those with criminal records than the US is.

The key thing with Canada is how long ago any sentence you were given ended, you can check to see if you'd be inadmissible to Canada or not here - Overcome criminal convictions

HTH.

Rete

Does Canada require British citizens to complete an ETA (think those are the correct initials) in order to enter Canada? I know it is not a requirement for US Citizens so I don't have to complete one when I visit Canada either with or without my Can/AM husband but not sure if a UK citizen is required to complete one.

Your B2 has nothing to do with Canada but with your ability to visit the US. You will need it to return to the US once you have departed.

Curious if you were still allowed to be here in the US with an expired B2, with or without waiver, regardless of what the I-94 states.

PS I looked it up for you: https://www.gov.uk/foreign-travel-ad...y-requirements

It is an eTA and you only need it if you are traveling to Canada by air. If you are traveling by land or sea it is not required.

ian-mstm

You can't, no.


Canada does not participate in the VWP... so, there are no ESTA rules.

Ian

scrubbedexpat099

In many ways Canada is more restrictive on visitors with issues than the US is.

CanadianSpruce

While this is true, unless the OP is asked about his criminal past, its unlikely to be a problem given they don't have access to British records (As opposed to when scanning an American Passport, they get their whole criminal history).

If your travel to Canada by land, an ETA is not required.

crg

The US visa only has to be valid on the date of entry then the I-94 controls the time period authorized.

crg

I can think of potential problems that could arise, even without access to UK records.

When a person has a US criminal waiver, it's annotated on the face of the visa. So the passport presented to Canada will indicate that there is a criminal record (if the officer is familiar with the notation).

Another possible issue is that Canada may be unfamiliar with cohabiting partners vs. tourists and be concerned the person is near the end of the authorized stay. Canada could be concerned with being stuck with the person if they admit her.

To echo what ian said, she needs to be prepared articulate the cohabiting partner provisions and be prepared to prove that she qualifies. Perhaps print something from the Department of State site about what it is just in case.

If she tries Canada, don't wait until the last day of I-94 validity. If Canada says no, you may not be able to get out to the UK in time. An overstay will automatically void the visas per INA 222(g). Trying to get out after expiration date is even worse, because if Canada denies entry the person will likely be placed into removal proceedings and detained.

Flagpolling to Canada and back can be done, but be prepared.

Mistyknight17

Hi everyone.

So, we've done the trip and this is what happened

Thanks for all your advice and comments. I'd like to share my experience...

Arriving to exit USA into Canada (by car) was no problem. (Travelling with co-habiting partner E1 visa and our 2 children also on the E1). Lady at the desk asked how long we would stay and standard questions and we were waved through.

We arrived Saturday 25 into Canada and back at border to enter USA on Monday 27.

After initial Inspection, we were asked to park and all go Into the main building. When called the CBP officer initially asked who / what / where / why. We said Co-habiting partner and when he said how long we intended to stay I answered 'until the end of partners contract, Dec 2018', but mentioned leaving in mid April for one month to visit family in Europe. (He wasn't really listening to answers)

We were asked to sit back down. After 2 hours we were called back and he said, my partner and children had legal status on the E1 but he was originally not going to let me in, however his supervisor was allowing it. He said, because I'm on the B2, it looks like I'm trying to live here illegally, even though he understood our 'thoughts'. He repeated many things and went back on his statements many times. We kept saying co-habiting partner. We had all papers of proof and flights etc (which he never asked for). However, he didn't seem to understand co-habiting partner (which we believe is allowed.) At that point, he said he will give me 6 months, but his advice would be hurry to get married, because next time I may have a problem.

At that point, we were just grateful for the entry so never questioned

I've never overstayed. Since 2013, I've left and returned 6 times (always re-entering as a family) with a month gap and once left for 3 days for a new visa interview (alone) until this trip of 2 nights Mar 25 exit - Mar 27 entry, which arised as my visa had ended in Dec 2016, however I94 was Oct 2016- Mar 28 2017.


I'm on my third B2 (cohabiting visa since 2013) First two were valid for a year and this new one started in Dec 2016 is 2 years. Each with a waiver of ineligibility always sponsored by my partners company. He's on a work transfer from Europe to USA branch, his visa ends Dec 2018. Always noted on my visa waiver.

My concern now, is when leaving mid April and returning end May, would the CBP officer have made an annotation/or would I have a problem.

The CBP officer, even mentioned that I could be barred entry into the USA for up to 5 years, if they assessed that I'd tried to establish living here on my tourist status. He had done many checks on previous entries etc.

Again, I don't understand why he somehow ignored the 'cohabiting' status. Please advise.

He asked for no proofs, sponsor letters, flights.

I've tried to stick to main facts without dribbling, but happy to answer any thoughts or questions. I understand this forum is opinions, but advice is always appreciated

Noorah101

There is really no difference between a regular B-2 and a cohabitating partner B-2. It's just easier to get the B-2 when it's with a cohabitating partner.

The best thing to do is get marred and get the derivative visa. Otherwise, there is always a chance for you to be denied entry. The decision is always up to the POE officer on each visit to the USA.

Rene

scrubbedexpat099

Only USC's are guaranteed entry. Depends who you get.