B1/B2 Visa experiences.

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Old Jul 30th 2005, 9:08 pm
  #1  
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Default B1/B2 Visa experiences.

HI, My wife and I had hoped to move over to NC to become permanent residents to be near family who already have their green cards. Being over 65, the problems/cost of getting Health Insurance plus the time it takes to process the immigration paperwork have frightened us off that option. So we intend to make regular visits from the UK where we will maintain a small flat, purchase a small house in NC and stay the maximum we can under the B2 Visa conditions, and then return to the UK for a couple of months before making another visit to the USA. Anybody out there any experience of using the B1/B2 Visa like this and does it work OK, or are there hidden problems like coming up against a grumpy Immigration Officer at POE who might just refuse entry. Any experiences good or bad would be useful information.
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Old Jul 30th 2005, 9:28 pm
  #2  
Bishop John MightBe
 
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Default Re: B1/B2 Visa experiences.

Originally Posted by Bazzer40
HI, My wife and I had hoped to move over to NC to become permanent residents to be near family who already have their green cards. Being over 65, the problems/cost of getting Health Insurance plus the time it takes to process the immigration paperwork have frightened us off that option. So we intend to make regular visits from the UK where we will maintain a small flat, purchase a small house in NC and stay the maximum we can under the B2 Visa conditions, and then return to the UK for a couple of months before making another visit to the USA. Anybody out there any experience of using the B1/B2 Visa like this and does it work OK, or are there hidden problems like coming up against a grumpy Immigration Officer at POE who might just refuse entry. Any experiences good or bad would be useful information.
Your method is going to go bad .. Acceptable to the POE in most cases
is 6 months in 6 months out...
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Old Jul 31st 2005, 5:56 am
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Default Re: B1/B2 Visa experiences.

Originally Posted by Bazzer40
HI, My wife and I had hoped to move over to NC to become permanent residents to be near family who already have their green cards. Being over 65, the problems/cost of getting Health Insurance plus the time it takes to process the immigration paperwork have frightened us off that option. So we intend to make regular visits from the UK where we will maintain a small flat, purchase a small house in NC and stay the maximum we can under the B2 Visa conditions, and then return to the UK for a couple of months before making another visit to the USA. Anybody out there any experience of using the B1/B2 Visa like this and does it work OK, or are there hidden problems like coming up against a grumpy Immigration Officer at POE who might just refuse entry. Any experiences good or bad would be useful information.
How were you going to get PR status? There is no Retirement US Visa?

As has been said, 6 months in and 6 months out. You might want to look at the tax consequences as well, see IRS site.
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Old Jul 31st 2005, 9:02 am
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Default Re: B1/B2 Visa experiences.

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As others already pointed out, best plan on staying six months in the
UK, six months in the USA.

That said, assuming that you are UK citizens, how would you justify a
B-1/B-2 visa anyway? It can be difficult when you are from a visa waiver
country; you may be able to do only 90 days at a stretch.

That said, I hear that they might be a bit more generous with retirees,
especially well-to-do ones. Just be careful not to mention the relatives.

As for health insurance, be sure to check with your UK health insurance
if they will cover you. You may still have to buy US health insurance in
the end.

Bazzer40 wrote:
    > HI, My wife and I had hoped to move over to NC to become permanent
    > residents to be near family who already have their green cards. Being
    > over 65, the problems/cost of getting Health Insurance plus the time it
    > takes to process the immigration paperwork have frightened us off that
    > option. So we intend to make regular visits from the UK where we will
    > maintain a small flat, purchase a small house in NC and stay the maximum
    > we can under the B2 Visa conditions, and then return to the UK for a
    > couple of months before making another visit to the USA. Anybody out
    > there any experience of using the B1/B2 Visa like this and does it work
    > OK, or are there hidden problems like coming up against a grumpy
    > Immigration Officer at POE who might just refuse entry. Any experiences
    > good or bad would be useful information.
    >


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Old Jul 31st 2005, 11:33 am
  #5  
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Default Re: B1/B2 Visa experiences.

Hi,
thanks for your reply, with regard to the B1/B2 Visa we have had ours for several years and they were renewed 2001 to 2011 we were advsed to renew by a POE immigration official as he said to had more rights/protection with a visa rather than using the VWP, we have been making frequent trips now for several years without difficulty, but usually for about 3 to 4 weeks each visit, and on average three times a year, it`s the longer stay factor that I am really interested in as the Sec.214.2(b) Immigration Law states B-2 Visitors for pleasure may be admitted for not more than one year and may be granted extensions on temporary stay of not more than six months each. So the situation gets even more confusing on each enquiry, so onward and upward, or is it backwards and downward in the world of visa`s.

Originally Posted by Ingo Pakleppa
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As others already pointed out, best plan on staying six months in the
UK, six months in the USA.

That said, assuming that you are UK citizens, how would you justify a
B-1/B-2 visa anyway? It can be difficult when you are from a visa waiver
country; you may be able to do only 90 days at a stretch.

That said, I hear that they might be a bit more generous with retirees,
especially well-to-do ones. Just be careful not to mention the relatives.

As for health insurance, be sure to check with your UK health insurance
if they will cover you. You may still have to buy US health insurance in
the end.

Bazzer40 wrote:
    > HI, My wife and I had hoped to move over to NC to become permanent
    > residents to be near family who already have their green cards. Being
    > over 65, the problems/cost of getting Health Insurance plus the time it
    > takes to process the immigration paperwork have frightened us off that
    > option. So we intend to make regular visits from the UK where we will
    > maintain a small flat, purchase a small house in NC and stay the maximum
    > we can under the B2 Visa conditions, and then return to the UK for a
    > couple of months before making another visit to the USA. Anybody out
    > there any experience of using the B1/B2 Visa like this and does it work
    > OK, or are there hidden problems like coming up against a grumpy
    > Immigration Officer at POE who might just refuse entry. Any experiences
    > good or bad would be useful information.
    >


- --
Remember, I am strictly a layperson without any legal training. I encourage
everybody to seek competent legal counsel rather than relying on usenet
newsgroups.

Please visit my new FAQ at http://www.kkeane.com (always under construction)

My email address in usenet posts is now invalid for spam protection. See
my Web site for information on how to contact me.

Please feel free to enjoy some of my photographs at my Web site
http://www.ingopakleppa.com ! Comments are welcome.
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Old Jul 31st 2005, 1:01 pm
  #6  
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Default Re: B1/B2 Visa experiences.

New IRS Regulations for B-1/B-2 Visitors effective 4/12/02

Limiting the Period of Admission for B Nonimmigrant Aliens: The Immigration and Naturalization Service (Service) is proposing to amend its regulations by eliminating the minimum admission period of B-2 visitors for pleasure, reducing the maximum admission period of B-1 and B-2 visitors from 1 year to 6 months, and establishing greater control over a B visitor's ability to extend status or to change status to that of a nonimmigrant student. These changes will enhance the Service's ability to support the national security needs of the United States. These regulatory modifications are within the Service's authority under sections 214(a) and 248 of the Immigration and Nationality Act (Act) and will help lessen the probability that alien visitors will establish permanent ties in the United States and thus remain in the country illegally.

Presumably this was enacted ...

Last edited by Ray; Jul 31st 2005 at 1:07 pm.
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Old Jul 31st 2005, 8:42 pm
  #7  
Ingo Pakleppa
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Default Re: B1/B2 Visa experiences.

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Bazzer40 wrote:

    > Hi,
    > thanks for your reply, with regard to the B1/B2 Visa we have had ours
    > for several years and they were renewed 2001 to 2011 we were advsed to
    > renew by a POE immigration official as he said to had more
    > rights/protection with a visa rather than using the VWP,

You have to be very, very careful with advice from POE officers. It
seems you got lucky and had your visa approved. His suggestion was
technically right on the money, but he didn't look at the whole picture
of the drawbacks. That's quite common.

Just to explain the mindset: for your original question, he would have
advised you to get an immigrant visa. But he wouldn't have told you that
it may be impossible to get, or that even trying may cause problems in
the future.

    > we have been
    > making frequent trips now for several years without difficulty, but
    > usually for about 3 to 4 weeks each visit, and on average three times a
    > year,

That's normal, because such short and infrequent trips are fairly
obviously vacation trips.

    > it`s the longer stay factor that I am really interested in as the
    > Sec.214.2(b) Immigration Law states B-2 Visitors for pleasure may be
    > admitted for not more than one year and may be granted extensions on
    > temporary stay of not more than six months each. So the situation gets
    > even more confusing on each enquiry, so onward and upward, or is it
    > backwards and downward in the world of visa`s.

OK, here's the deal:

- - The main requirement of a B-1/B-2 is that you are a *temporary*
visitor intending to return to your home abroad.

- - B-1/B-2 visitors are normally admitted for six months (although there
had been some talk about shortening that to *one* month. I think this
has been rescinded). A departure from that time frame, both up or down,
has to have some special justification. It will almost certainly mean a
trip to secondary inspection, and you will have to have a *very* good
reason. Generally, my recommendation is to not even ask for the one year
because all that will do is draw attention to your case, and given the
circumstances, it will look like you plan on living in the USA, and
therefore get you denied admission immediately (and if you don't
immediately agree to get on the next plane back, it will mean expedited
deportation, and a five-year ban).

- - B-1/B-2 visitors can indeed apply for extensions in increments of six
months. Typically, the first extension is approved without too much
fuss. The second extension is usually denied, unless you have a very
good reason. Also, after you had your stay extended, you will need to
stay outside the USA for quite a while, even more than usual, to
convince US authorities that you really aren't trying to live in the USA.

Bottom line: both at the POE, and in 214.2(b), you found out about the
letter of the law. But you need to look deeper and understand all the
ramifications.

- --
Remember, I am strictly a layperson without any legal training. I encourage
everybody to seek competent legal counsel rather than relying on usenet
newsgroups.

Please visit my new FAQ at http://www.kkeane.com (always under construction)

My email address in usenet posts is now invalid for spam protection. See
my Web site for information on how to contact me.

Please feel free to enjoy some of my photographs at my Web site
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Old Jul 31st 2005, 8:44 pm
  #8  
Ingo Pakleppa
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Default Re: B1/B2 Visa experiences.

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It was rescinded. The hospitality industry, hospitals treating foreign
patients, as well as quite a few other groups, screamed about this rule.

Some POEs had gone ahead and implemented this rule before it was final,
but I haven't heard of anybody still using it.

Ray wrote:

    > New IRS Regulations for B-1/B-2 Visitors effective 4/12/02
    >
    > Limiting the Period of Admission for B Nonimmigrant Aliens: The
    > Immigration and Naturalization Service (Service) is proposing to amend
    > its regulations by eliminating the minimum admission period of B-2
    > visitors for pleasure, reducing the maximum admission period of B-1 and
    > B-2 visitors from 1 year to 6 months, and establishing greater control
    > over a B visitor's ability to extend status or to change status to that
    > of a nonimmigrant student. These changes will enhance the Service's
    > ability to support the national security needs of the United States.
    > These regulatory modifications are within the Service's authority under
    > sections 214(a) and 248 of the Immigration and Nationality Act (Act) and
    > will help lessen the probability that alien visitors will establish
    > permanent ties in the United States and thus remain in the country
    > illegally.
    >
    > Presumably this was enacted ...
    >


- --
Remember, I am strictly a layperson without any legal training. I encourage
everybody to seek competent legal counsel rather than relying on usenet
newsgroups.

Please visit my new FAQ at http://www.kkeane.com (always under construction)

My email address in usenet posts is now invalid for spam protection. See
my Web site for information on how to contact me.

Please feel free to enjoy some of my photographs at my Web site
http://www.ingopakleppa.com ! Comments are welcome.
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Old Jul 31st 2005, 11:57 pm
  #9  
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Default Re: B1/B2 Visa experiences.

Originally Posted by Ingo Pakleppa
That said, assuming that you are UK citizens, how would you justify a
B-1/B-2 visa anyway? It can be difficult when you are from a visa waiver
country; you may be able to do only 90 days at a stretch.

That said, I hear that they might be a bit more generous with retirees,
especially well-to-do ones. Just be careful not to mention the relatives.
They are, Florida is full of them.

By definition you need a few bob to do this.
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