B2 visa following ESTA overstay
 

Hi,

I overstayed on the VWP by 4 days in the summer.

If I apply for a B2 visa for 90 days, providing evidence of a return flight, a short travel itinerary for while I am there, evidence of who I am visiting and my connection with them (my girlfriend) and evidence of how I am to support myself (online work), is it likely that I will be approved?

Would you advise any other evidence, if not?

Thanks for any help.

Re: B2 visa following ESTA overstay
 

A B2 visa does not allow you to work - even online.

Re: B2 visa following ESTA overstay
 

This is an online job I already do for a UK based company.

Re: B2 visa following ESTA overstay
 

Irrelevant.

Re: B2 visa following ESTA overstay
 

Negative factors:
Very recent VWP overstay
US-based gf
Intention to work in US

Positive factors:
None listed

The first negative is probably enough to knock you out unless you were attached to tubes in an IC bed and couldn't leave. The other two are just the icing on the cake.

Try applying in 5 years or so.

Re: B2 visa following ESTA overstay
 

Really? I thought you were supposed to provide evidence of how you're going to support yourself during your visit?

It's really illegal to do ANY work whatsoever while travelling on a B2 visa?

Re: B2 visa following ESTA overstay
 

Yes. Some limited working activity is allowed under B1 (see "B1 in lieu of H1B") but not B2.

Re: B2 visa following ESTA overstay
 

I went back in Sept after having overstayed and the officer at the border gave me a waiver for 90 days, allowed me entry into the US and said I should apply for the B2 for future visits.

My girlfriend is my reason for visiting, though. Surely this is common? It's a vacation to see her. We plan to travel across some states as she is auditioning for ballet companies, I can provide a list of these dates and their locations.

I've no intention to work in the US during my visit.

5 years? Surely there is some hope?

Re: B2 visa following ESTA overstay
 

Another quick question - is there any possibility of being able to travel under the VWP again?

Considering that it was just a 4 day overstay, can I appeal?

Re: B2 visa following ESTA overstay
 

So you can add
* already red-flagged at border
to the other 3 negatives.

IMO, five years is about right for the time to try your first B2 application without just totally throwing your money away.

Re: B2 visa following ESTA overstay
 

Sure, it is common. I visited my US girlfriend several times before we got married. However, most people in this situation don't overstay the VWP.

I suggest that you change your plans. Your B2 application is most unlikely to be approved under the circumstances you describe.

Re: B2 visa following ESTA overstay
 

He seemed a little more casual than that at the time... I've a sheet of paper verifying that I was ok to enter.

Re: B2 visa following ESTA overstay
 

Then I'm at a loss, and distraught.

ANY way I can get into the country to see her? She can visit me briefly but is doing her university finals and will need to be in the US the majority of the next 6 months.

Perhaps a fiance visa, and then apply for a B2 while it's pending?

Re: B2 visa following ESTA overstay
 

You would have the same problems. Among the other things fatbrit mentioned, how would you support yourself while in the US?

None of these issues would matter, however, if you decided to marry your fiancee and move to the US.

Re: B2 visa following ESTA overstay
 

F1 or M1 for an educational course. It's going to cost you, though.