lifehouse51

Just call the consulate/embassy ahead of time if you want to apply for the visa in Mexico/Canada. They may or may not accept applications from third country nationals. Also, in general, the wait time for an appointment at the U.S. consulates in Canada is long, for obvious reasons, because many third country nationals try to apply for visas there.

ian-mstm

I believe a US Consulate in Canada will be sufficient. There are eight Consulates... Vancouver, Calgary, Winnipeg, Toronto, Ottawa, Montreal, Quebec City, and Halifax... but only one Embassy, which is in Ottawa.

Ian

MsElui

what are you doing in the USA right now - I hope its not working on the VWP - that might put the mockers on the visa if they catch you out.

dwhittles

No I am not working, am on holiday/negotiating contracts. Am aware of the restrictions.

I have to attend an interview in Switzerland, since this is where my foreign employer is based. At least that is what I have been told.

When I get the L1 approved can I attend an interview anywhere?

lifehouse51

Why not just do the visa interview in Switzeland? I almost feel like you're making things more complicated than it has to be. You know that you kids need the visa, and instead of travelling to multiple places (US->Switzerland->Canada??), why not just do everything at one place? Although many have been successful in getting visas in Canada/Mexico, the appt wait time's longer and not all places accept applications from third country nationals.

dwhittles

Lifehouse, you haven't understood/read my initial question:

When my L1 is approved and I make an appointment for interview in Switzerland, can my kids remain in the US on the VWP whilst I do this?

lifehouse51

It's probably best for someone who has done something similar to give you a more informed response. I don't see a problem with what you proposed as long as your kids are not required to attend the interviews, you have someone take care of them while you're away, and they can exit and re-enter the U.S. with the visas once you've got them.

I also assume that when you said you would have an interview in Switzerland, you're referring to an interview with the corporation you'll be working for. You can technically submit your visa application and attend the VISA interview at any U.S. consulate/embassy that accept third country national applicants. It's generally riskier to do so outside of your place of permanent residence, but many have done it with success (eg. in Canada or Mexico).

meauxna

What part of 'their admission is for 90 days as tourists' is not clear though?

And why don't you want to ask your lawyer?

ian-mstm

Just so you know, your L-1 won't be approved until after your interview.

I've decided that no, your kids can't stay in the US on the VWP. They're minors, and their permission to stay in the US is based on you being in the US with them. If you leave, so must they.

Ian

dwhittles

Have just spoken to my lawyer and he has clarified the situation for me. The kids can stay since they will be looked after by their grandparents who are B2 visa holders.

Bob

B2? Looking after kids is still considered work though, which isn't allowed. Puts your folks in a bit of a position doesn't it.

dwhittles

Are you joking?

N1cky

No

Noorah101

It's no joke.

Plus, you STILL have to take the kids out of the USA before their 90-day VWP visit is over, and have them re-enter using their L-2 visas.

Rene

ian-mstm

Your lawyer is an idiot. You can tell him I said so.

Ian