jeffreyhy

She is. A person must always apply for their own visa, no entity can apply for them. (Recognize that a petition is not a visa application, it is a prerequisite for a visa application.)

Regards, JEff

jeffreyhy

There have been several interpretations of what you mean by the parenthetical remark, you are going to have to clear this up. I think you mean what you wrote, no typo, in which case an essential point to make is when do you intend to start living in the USA. This is a double-edge sword. While it does explain why you can take so much time off from work to be in the USA, it also means that you have less reason to leave the USA when you should. It also means that while you may not intend to work while you're in the USA you may well do so should the need arise. The only good reason(s) for you is your reason. No one can answer the question for you. I'm not going to touch this one, it sounds too much like misrepresenting your intentions so as to gain an immigration benefit. When a person spends too much time visiting they can be deemed to be residing. How much is too much is highly subjective and is at the discretion of the CBP officer. The superficial advice frequently given in these forums is to spend at least as much time out of the USA as in the USA, but it's not that simple. The CBP officer will look at a bigger picture of the overall situation that is presented. This is helpful, better than if he was a US citizen anyway. Regards, JEff

Steve_

What the law requires is non-immigrant intent, so regardless of what CBP says, that is what you must have. Given that comment I would make sure you have ample evidence with you next time you enter, bank statements proving funds, proof you reside abroad (lease agreement, property tax bill, house title) and have intention to return abroad (return ticket, which is required to use the VWP anyway). And anything else, letter from employer, pay stubs, tax assessment notice, that sort of thing.

If you get sent to secondary inspection just produce it.

But if you say you have a US boyfriend, obviously that is a major blow against non-immigrant intent.

If you look at the application for a visa, it does list a lot of these things, the consular officer will want to see them for the same reason, i.e. to establish non-immigrant intent.

jeffreyhy

It appears that you haven't read her posts very carefully, as you are regurgitating general information much of which does not apply to her as she has described her situation.

Regards, JEff

dinihudini

I didn't mean to upset anyone here. It was not my intention to get advice on anything illegal. I apologise if I have crossed a line.
I don't see any point in going into your comments.
You obviously don't understand my reasons for trying to reenter the US.

Thanks anyway.

christmasoompa

Maybe I've missed it, but why can't he visit you in the UK?

Noorah101

I'm sorry if we aren't quite understanding your situation. From what I could tell from your posts, the main reason you want to reenter the USA is to spend time with your boyfriend until you have your H1B visa in hand. And if you aren't able to reenter the USA, you seem to fear the relationship will break up.

That's my take on it, according to what you've posted.

Rene

ian-mstm

Sure we do... you don't want to risk losing your current boyfriend. I say go for it... let us know how it works out for you!

Ian

Apfelkuchen

What are we missing?

slummymummy

Ian - are you feeling well today?

ian-mstm

Most of the time, people are going to do what they want anyway... so, as a fan of object lessons, I say let 'em! Ultimately, all we can do is point out the potential problems in someone's scheme (admittedly with strong language!)... but in the end, they'll do what they want - whether it's a stupid idea or not!

Ian

slummymummy

Agreed!

Sportychico

get a b1/b2 visa.... I spend 6 months a year in Florida on this visa to get out if our terrible winters

Noorah101

Easier said than done. I don't know your circumstances, but typically someone who is eligible to use the VWP will find it very hard, if not impossible, to get a B1/B2 visa. And, if the B1/B2 visa gets denied, it typically prohibits VWP travel for about the next 6 to 12 months (because you have to re-do ESTA and declare the visa denial).

Rene

crg

Are you retired? When applying from a VWP country a B1/B2 visa issuance is a lot easier for a financially secure retiree than a 20/30-something worker.