RJ1809

Hi all...

I would be most grateful for some help/advice with regards to my current situation as I am reading a lot of conflicting information online and starting to worry!

I am a 27 year old UK citizen currently living in London (have been here 6 years working in Real Estate & currently hold a managerial position).
My partner lives in California (we met whilst I was on holiday there in 2014) and since have had a long distance relationship seeing each other every 2-3 months, I currently travel on an ESTA.

I will be leaving my job in April (time for me to leave London as 6 years here is long enough!) and have applied for a B2 Visa with my interview scheduled for mid March. My intention is to travel over to the US for Tourism and to spend 5/6 months with my partner before returning to my parent's home in Scotland. I receive an annual bonus with my job which will be awarded in March and this should be adequate to cover my living expenses for 5-6 months in the US (I will be residing with my partner).

I've read a few articles/posts online where I have got the impression that it would be difficult for me to obtain the B2 and if my application is denied, I will lose rights to travel under the VWP...?

All a bit stressful so would be very thankful for some advice.

Thanks in advance!

RJ

ian-mstm

Oh dear!


If you are otherwise eligible to use the VWP, it's unlikely that you'll get a B-2 visa. That you want to spend more time in the US is not usually considered a good reason to get a visa.

There are only two possible outcomes from a visa interview: approval or denial. Anything that is not an approval, is a denial... anything at all - including you being eligible to use the VWP. If your visa is denied, you must thereafter declare that denied visa on any subsequent US visa application (including ESTA) and you are obligated to update ESTA, and ESTA will likely also be denied anywhere from 6-12 months. Bottom line, if the visa is denied, you won't be travelling to the US any time soon.

Since there's nothing you can do now to affect any change (= you can't withdraw the application, because it will lead to an immediate denial (since it's clearly not an approval and there are only two possible outcomes)), your only option is to continue with the B-2 interview and hope that your situation falls on kind ears. End of story.

Ian

Nutmegger

No, no, no! In order to have any hope of a visa, please be very careful with the terminology you use at your interview. You are not residing in the US with your "partner," you are paying a visit to a friend on an extended vacation!

sir_eccles

If you haven't paid the fee you can just let it lapse and this does not count as a denial. Though I am guessing you have to pay the fee in order to book the appointment so it is probably too late.

scrubbedexpat099

Let us know how it goes.

Pulaski

Worse, whether you're traveling using an ESTA or a B-2, if you don't have a job and your own home (whether owned or rented), to return to in the UK, you immediately become an over-stay risk. This is especially true if you have a "partner" living in the US. So whether on an ESTA or a B-2, being turned away by the CBP immigration officer is a real risk.

RJ1809

Thank you for your responses although disheartening to say the least!
I had concerns prior to applying for the B2 as I qualify under the WVP but I'd read on a couple of websites that it was fine to do so (no mention of the high risk of denial/further implications!) Frustrating!

If I were to postpone my interview can I still travel to the US whilst my application is pending approval or denial?

I guess there's no real way around it and my only hope is to present as strong a case as possible at the interview. Would proof of guaranteed employment upon my return and a Tenancy Agreement suffice?

Pulaski

All you can do is keep your fingers crossed, as some people do get a B-2 for no obvious need or reason (such as previous over-stay, criminal record, etc.). All we know is that many do not, and the odds for you do not appear good.

The bottom line is that the US created the VWP so that people could travel to the US easily and visa free. Unfortunately people get greedy and aren't satisfied with upto 90 days of easy access to the US, but honestly, the US consulate doesn't want to be clogged up with people who should be using the VWP.

Noorah101

Get a letter from your employer, stating the date you are expected to be at work. Bring the rent or lease agreement. Bring an itinerary of what you plan to be doing in the USA for that long. ..the more detailed the better. If you are fortunate, you might be given a chance to present these items at the interview, but keep in mind that many are not given the opportunity.

Rene

Pulaski

The problem is that he is planning to quit his job and leave his home to return to live with his parents. If there is just ONE THING that the OP should take away from this thread, it is that lying and providing false information, such as a letter from an employer when he is planning to quit, is an extremely bad idea that could turn around and bite him in the near or long term. Just don't do it!

scrubbedexpat099

He was talking about future employment, guaranteed is an odd word.

Noorah101

Ah, since he said he had guaranteed proof of a job in the UK, I figured he could get that in hand from the employer. ..even if it's a future employer.

If course, never lie or create false info.

Rene

RJ1809

She

There genuinely is no ill intention, it was more of a hypothetical question, if it were the case that I had an offer of employment (from a current or prospective employer) and a Tenancy Agreement which could be arranged if I decided to return to London rather than Scotland would this suffice?
I'm well aware that to lie or try and create false information is absolutely not the way forward.

It states on the UK Department of State Visa Appointment Service website that MVP payments expire after a year and there are no limits to the number of times you can cancel or reschedule an appointment.
If I have this B2 application pending for an extended number of months, can I still travel to the US on a valid ESTA/apply for a new one if it expires? (I assume as I would not have had a 'denied' VISA at that stage, there would be nothing to declare?)

Noorah101

I would not think just an offer of employment would suffice, no. If you actually are employed and you get a letter from your employer stating the specific date you are to return to work, that would be better. But you don't have that, so moot point.

Rene

ian-mstm

Remember - anything that is not an approval, is a denial. Anything at all. Even if you wait it out... the visa will eventually be denied - because it clearly isn't approved.


Yes - because a pending application is not the same as a denied visa.


Correct.

Ian