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Running down visa waiver before applying for B-2

Running down visa waiver before applying for B-2

Old Sep 24th 2019, 2:13 pm
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Default Running down visa waiver before applying for B-2

Hello everyone - first post from me, but I've learned a hell of a lot from reading here over the years, so thank you!
I have a fairly mundane question, which I'm hoping someone has had experience with previously.

- I'm due to start a 1-2 year assignment in Dallas, in November, on an L-1 visa.
- My partner (not married) is going to come over with me, but she will not be working
- She will therefore be looking to gain a B-2 visa, however, she currently has 80 days left on her visa waiver, so my question is this; would she have any problems coming over and running down her waiver, before coming home and applying for a B2, or will the US not look at this favourably?

Why not just apply for the B2? Fair question - she's simply worried that there may be an initial rejection etc, which will then (I believe) make it impossible to visit the US on her existing visa waiver, forcing her to re-apply for the B2 until successful.

Hopefully this all makes sense, and doesn't come across as nonsensical.

Thanks,
Tom
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Old Sep 24th 2019, 2:17 pm
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Default Re: Running down visa waiver before applying for B-2

When you say she is looking to "come over with you", do you mean she plans to live in the US with you on a B-2 visa?

That's not something that's allowed on a non-immigrant visa.

If she successfully obtains one and plans to travel back and forth to reset the clock then she's likely to eventually end up with a denial of admission and a revoked visa.

Is there any prospect of you guys marrying and her obtaining L-2 status?
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Old Sep 24th 2019, 2:33 pm
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Default Re: Running down visa waiver before applying for B-2

Originally Posted by TexanScot
When you say she is looking to "come over with you", do you mean she plans to live in the US with you on a B-2 visa?

That's not something that's allowed on a non-immigrant visa.

If she successfully obtains one and plans to travel back and forth to reset the clock then she's likely to eventually end up with a denial of admission and a revoked visa.

Is there any prospect of you guys marrying and her obtaining L-2 status?
Thanks for the reply.

There's no marriage on the cards

Do you by any chance have any links to verbiage that implies a B-2 would not be appropriate?
I've had a look around and the prerequisites I can find, list;

- Coming to the US solely for pleasure or for medical treatment, and not for other reasons (such as to work or to stay permanently)
- Plan to stay for a limited, specific period of time โ€“ and definitely not permanently
- Have a residence (a place to call home) outside the US as well as other binding ties that will assure your return home after your visit
- Have the financial means to pay for your visit to and departure from the US

All of which would be true for my partner, no?
- She's coming for pleasure, and will be visiting various states with friends and family who are due to visit
- She'll be staying no longer than 2 years (my position will be reviewed after 1 year)
- We have a house in the UK, where she's on the electoral roll
- She's good for finances

Appreciate your help!

Thanks,
Tom
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Old Sep 24th 2019, 2:48 pm
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Default Re: Running down visa waiver before applying for B-2

Originally Posted by TexanScot
When you say she is looking to "come over with you", do you mean she plans to live in the US with you on a B-2 visa?

That's not something that's allowed on a non-immigrant visa.

If she successfully obtains one and plans to travel back and forth to reset the clock then she's likely to eventually end up with a denial of admission and a revoked visa.

Is there any prospect of you guys marrying and her obtaining L-2 status?
The co-habiting B-2 is looked upon differently than the "I want to spend longer than 90 days on holiday" B-2. OP, search the forum for the term co-habiting B-2. With proof of your prior co-habitation and of your approved visa, your GF should be successful in obtaining her visa. She should probably just go for it, rather than initially messing around with the VWP.
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Old Sep 24th 2019, 3:00 pm
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Default Re: Running down visa waiver before applying for B-2

Originally Posted by Nutmegger
The co-habiting B-2 is looked upon differently than the "I want to spend longer than 90 days on holiday" B-2.
Iโ€™d actually never heard of this, but apparently itโ€™s indeed a thing:

https://www.uscis.gov/sites/default/..._PM_081711.pdf

Happy to learn something new and to stand corrected ๐Ÿ™‚
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Old Sep 24th 2019, 3:35 pm
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Default Re: Running down visa waiver before applying for B-2

If she has 80 days left on the VWP then she must be in the US. But you then mention her coming over.
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Old Sep 24th 2019, 3:47 pm
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Default Re: Running down visa waiver before applying for B-2

Maybe he means she has 80 days left on the ESTA validity. ...

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Old Sep 24th 2019, 3:56 pm
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Default Re: Running down visa waiver before applying for B-2

ESTA only needs to be valid on the day it is used.
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Old Sep 24th 2019, 4:42 pm
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Default Re: Running down visa waiver before applying for B-2

Just go straight for a cohabitation B-2, don't bother mucking around with the VWP.
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Old Sep 24th 2019, 7:05 pm
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Default Re: Running down visa waiver before applying for B-2

Originally Posted by Boiler
If she has 80 days left on the VWP then she must be in the US. But you then mention her coming over.
Yes, sorry, I may have worded it badly - as it turns out, I misunderstood how the VWP worked!
I thought it gave you 90-days per 2 calendar years. So my comment about her having 80 days left on 'it', was based on her having spent 10 days in the US over the past year.
After further reading, it looks like this isn't the case, and it's actually 90 days per visit, with a 'reasonable' amount of time between visits.

I'm going to disregard the VWP all-together, and advise her to apply for a B-2, once my visa has arrived - that appears the best and 'proper' way of doing things.

Thank you all so much for your help!

Thanks,
Tom
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Old Sep 24th 2019, 7:46 pm
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Default Re: Running down visa waiver before applying for B-2

Smart idea. I assume you already co-habitate?

Rene
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Old Sep 24th 2019, 8:10 pm
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Default Re: Running down visa waiver before applying for B-2

Originally Posted by Noorah101
Smart idea. I assume you already co-habitate?

Rene
Correct - we've lived together for just over 4 years, so producing statements, electoral roll paperwork etc are not an issue for us.

Many Thanks,
Tom
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