My spouse is American, but we *don't* want to move to the US
#16
Joined: Jan 2008
Posts: 7,605
Re: My spouse is American, but we *don't* want to move to the US
Only comment I ever got was from one who asked if I was vacationing and I said yes come to visit the mother-in-law which got the reply "The trips not for pleasure then"
#17
Just Joined
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Joined: Jan 2009
Posts: 6
Re: My spouse is American, but we *don't* want to move to the US
Thanks for your replies, everyone.
I've looked into the B-2, but it does seem that I wouldn't be eligible one because of the VWP. As the official stuff keeps reminding me, I'm aware it's not proof that I'm allowed in so I will make sure I travel with relevant documents.
I understand that the guy was doing his job and being careful, but he didn't half leave me a bit confused
I've looked into the B-2, but it does seem that I wouldn't be eligible one because of the VWP. As the official stuff keeps reminding me, I'm aware it's not proof that I'm allowed in so I will make sure I travel with relevant documents.
I understand that the guy was doing his job and being careful, but he didn't half leave me a bit confused
#18
Account Closed
Joined: Sep 2002
Posts: 16,266
Re: My spouse is American, but we *don't* want to move to the US
This sentence has me very confused -- the syntax doesn't make sense. If I didn't know better, your sentence could be read as stating that eligibility for VWP admissions destroys eligibility for a B-2 visa. Clarification might be in order.
Everything is a crap shoot in immigration -- when you have a visa, the DS-156 form is available to the inspecting officer. Also, the visa itself can be endorsed with something like "spouse of AmCit" or some such.
Another thing to be considered is that refusal of admission on the VWP has much more benign legal consequences than refusal on a visa.
#19
American Expat
Joined: Jan 2004
Posts: 7,598
Re: My spouse is American, but we *don't* want to move to the US
I think this may be why spouses of US citizens get closely scrutinized:
http://www.registerguard.com/csp/cms...2-55/story.csp
http://www.registerguard.com/csp/cms...2-55/story.csp
#20
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Joined: Jan 2009
Posts: 6
Re: My spouse is American, but we *don't* want to move to the US
Is it worth my time firing off a quick letter to the American Embassy to get clarification, or is that like expecting a reply to a 'Dear Santa' letter?
#21
American Expat
Joined: Jan 2004
Posts: 7,598
Re: My spouse is American, but we *don't* want to move to the US
People are not inelgible for a B-2 if merely because they can use the VWP. We're 100% sure about that.
The embassy does look at such applications closely because it allows the person to stay in the US for a longer time period and they'll want to make sure you can support yourself while in the US and will return to your home.
The embassy does look at such applications closely because it allows the person to stay in the US for a longer time period and they'll want to make sure you can support yourself while in the US and will return to your home.
#22
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Joined: Jan 2009
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Re: My spouse is American, but we *don't* want to move to the US
People are not inelgible for a B-2 if merely because they can use the VWP. We're 100% sure about that.
The embassy does look at such applications closely because it allows the person to stay in the US for a longer time period and they'll want to make sure you can support yourself while in the US and will return to your home.
The embassy does look at such applications closely because it allows the person to stay in the US for a longer time period and they'll want to make sure you can support yourself while in the US and will return to your home.
We don't have plans to visit the States for long periods of time, just 2-3 weeks for holidays, and probably not even every year.
#23
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Joined: Sep 2002
Posts: 16,266
Re: My spouse is American, but we *don't* want to move to the US
I'm under the impression from sites that provide visa information and resources that because I am eligible for the VWP, I would therefore not be eligible for the B-2 visa. I could be reading the information wrong, though.
Is it worth my time firing off a quick letter to the American Embassy to get clarification, or is that like expecting a reply to a 'Dear Santa' letter?
Is it worth my time firing off a quick letter to the American Embassy to get clarification, or is that like expecting a reply to a 'Dear Santa' letter?
As a lawyer, I have this thing of following the law and not internet postings. The VWP [broken into VWB and VWT] is procedural, not a substantive waiver of the requirement of a B-1/2 visa. That is pretty basic.
However, you eloquently stated your concerns in your opening post.
You qualify for either VWT or B-2 -- but there are concerns when you hit CPB inspector from the Dark Forces at the port of entry. This is a judgment call -- one you will have to make.
#24
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Joined: Jan 2009
Posts: 6
Re: My spouse is American, but we *don't* want to move to the US
Hi:
As a lawyer, I have this thing of following the law and not internet postings. The VWP [broken into VWB and VWT] is procedural, not a substantive waiver of the requirement of a B-1/2 visa. That is pretty basic.
However, you eloquently stated your concerns in your opening post.
You qualify for either VWT or B-2 -- but there are concerns when you hit CPB inspector from the Dark Forces at the port of entry. This is a judgment call -- one you will have to make.
As a lawyer, I have this thing of following the law and not internet postings. The VWP [broken into VWB and VWT] is procedural, not a substantive waiver of the requirement of a B-1/2 visa. That is pretty basic.
However, you eloquently stated your concerns in your opening post.
You qualify for either VWT or B-2 -- but there are concerns when you hit CPB inspector from the Dark Forces at the port of entry. This is a judgment call -- one you will have to make.
I appreciate everyone's help, thanks for all your input. I think I'll go with the visa waiver and will arm myself to the gills with as much paperwork as I possibly can just in case customs are having a bit of a day.