VWP vs B1/B2

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Old Oct 1st 2008, 9:14 am
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Default VWP vs B1/B2

I have seen posts that refer to B1/B2 visa hopeful's being told that if they qualify for a VWP that it is unlikely they will get a B1/B2.

Me and my wife are traveling to Florida in November returning in January after 66 days on a WVP however we would like to return a couple of months later on a B2, we own property in Florida and would like to spend 6 months there with the possibility of trying to extend the B2 over there.

My question is would we obtain the B2 in the first place and if so what are the chances of extending it. I am 47 and my wife will be 40 we have no intention of working there and can prove we are solvent by showing a >$300,000 balance in our personal account we are business owners working in Portugal where we live (we are both British) and this work provides us with a income.

We just want to try and spend as much time in the US as we can

What your thoughts
Many thanks Steve
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Old Oct 1st 2008, 9:47 am
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Default Re: VWP vs B1/B2

Originally Posted by scoobysteve
a) we own property in Florida and would like to spend 6 months there with the possibility of trying to extend the B2 over there.

My question is would we obtain the B2 in the first place

b) and if so what are the chances of extending it.

c) we are business owners working in Portugal where we live (we are both British) and this work provides us with a income.
a) Possible, but unlikely

b) As far as I understand, zero

c) How are you going to prove to the authorities that you won't be working in the US remotely to keep the business in Portugal running? You can't work on a B visa.

Overall, you aren't old enough to be "snowbirds", spending 6 months a year in the US. Your plan doesn't seem likely to get off the ground.

I'm sure Ray and one or two others will chip in when they get up.

I'm sure Ray
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Old Oct 1st 2008, 10:38 am
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Default Re: VWP vs B1/B2

OK in that case where is the closest destination that would be seen as being far enough away from the US to re enter on a VWP for another 90 days. In other word say we purchased a property in Barbados and stayed there for three months came to the US for three months and repeated this. That way we would spend 6 months of the year outside of each country. We are in effective retired neither me or my wife have any need to be involved with our business we have people for that, so we just want to live life to the full and preferably most of it in the US. I cant prove we are involved with the company but if that was the only thing then I would sell it or dissolve my ownership, but then I would be unemployed. Not a good thing I thought. ??. Its so frustrating we dont want to work nor do we want to invest in an EB5 project. Its like we are being punished that we are fortunate enough to be able not to work at our age.
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Old Oct 1st 2008, 1:43 pm
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Default Re: VWP vs B1/B2

Originally Posted by scoobysteve
OK in that case where is the closest destination that would be seen as being far enough away from the US to re enter on a VWP for another 90 days. In other word say we purchased a property in Barbados and stayed there for three months came to the US for three months and repeated this. That way we would spend 6 months of the year outside of each country. We are in effective retired neither me or my wife have any need to be involved with our business we have people for that, so we just want to live life to the full and preferably most of it in the US. I cant prove we are involved with the company but if that was the only thing then I would sell it or dissolve my ownership, but then I would be unemployed. Not a good thing I thought. ??. Its so frustrating we dont want to work nor do we want to invest in an EB5 project. Its like we are being punished that we are fortunate enough to be able not to work at our age.
You should arrive in the US on the VW with a return or forwarding ticket
so if you live in portugal a return ticket to their is ideal

if you spend 90 days in the US .. then ensure you spend 90 days out ...

Why not apply for a B-2 in Portugal ..probably easier attitude than London
then you can spend 180 days in and 180 days out
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Old Oct 1st 2008, 2:42 pm
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Default Re: VWP vs B1/B2

Originally Posted by scoobysteve
Its like we are being punished that we are fortunate enough to be able not to work at our age.
because some others break the rules they have to hold EVERYONE to them. Why should the US let you in if you dont want to invest in their country?
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Old Oct 1st 2008, 3:27 pm
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Default Re: VWP vs B1/B2

Originally Posted by scoobysteve
We are in effective retired neither me or my wife have any need to be involved with our business ....... I cant prove we are involved with the company but if that was the only thing then I would sell it or dissolve my ownership, but then I would be unemployed.
Well which is it? Are you employed by the company or not? You cannot work on the VWP just the same as you can't on a B visa. How would you explain this to an officer at the POE? If you have no job to return to, do you think that makes them more or less likely to let you in?

There's no way they will continually let you in for the full 90 days at a time on the VWP, it won't be long before you are grilled every time on entry, and then they start giving you short-duration I-94 cards, much less than 90 days, followed eventually by refusal, I would imagine.

If you really have that much cash you could start up a branch of the company in the US, employing US personnel etc, there is a visa for that.
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Old Oct 1st 2008, 3:32 pm
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Default Re: VWP vs B1/B2

Originally Posted by scoobysteve
Its like we are being punished that we are fortunate enough to be able not to work at our age.
So... you believe that because you have money, you should entitled to some sort of favoritism on the part of US immigration? You should know that US immigration laws are designed to keep non-USCs out of the US. Why do the wealthy always think that the laws shouldn't apply to them?

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Old Oct 1st 2008, 3:36 pm
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Default Re: VWP vs B1/B2

Originally Posted by ian-mstm
So... you believe that because you have money, you should entitled to some sort of favoritism on the part of US immigration? You should know that US immigration laws are designed to keep non-USCs out of the US. Why do the wealthy always think that the laws shouldn't apply to them?

Ian
Hi:

Be nice. The OP has been pretty clear that he doesn't qualify for either a B-2 or use of the VWP. Nonetheless, he is seeking ways to circumvent that. There is a reason I'm not answering his questions other than it does not interest me. [A gentle reminder -- no one is entitled to my participation herein].
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Old Oct 1st 2008, 4:19 pm
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Default Re: VWP vs B1/B2

MsElui, I have already invested in the US and are very happy to purchase homes in various States as well as put over a 1,00,000 dollars into a high interest bank account I just don't want to work anymore is that such a bad thing.
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Old Oct 1st 2008, 4:26 pm
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Default Re: VWP vs B1/B2

Originally Posted by scoobysteve
MsElui, I have already invested in the US and are very happy to purchase homes in various States as well as put over a 1,00,000 dollars into a high interest bank account I just don't want to work anymore is that such a bad thing.
Thats what the EB-5 regional center visa is for..
Its pretty much buying a green card ...
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Old Oct 1st 2008, 4:34 pm
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Default Re: VWP vs B1/B2

Look to all that think I should get special privileges just because I have a bit of money. My thoughts to that exactly this.

If I was born in Portugal I could buy a lottery ticket and maybe be lucky.

If I wanted to invest 500,000 into a EB-5 project I would get my Green card.

If I started up a business and invested a Mill and employed 10 people I might get my Card.

No I am not looking for favours here just because I have a few bob.

I just would like to spend my money in a different way, say buy a few homes in various States that would come to more than both of the amounts above becuse I am in real estate and I believe in that investment more especially thanks to the dollar exchange rate and the current economic situation in the US

I have no intention of working like I said all along. Yes I do have a business in Portugal and I maintain a salary from this BUT I pay my taxes locally so whats the problem there.

I am frustrated not because I think I am owed any favours just because it seems that if I was born in another country I would have a fair chance with just a lottery ticket. But no I am lucky enough to be British and therefore stuck with whatever the best way is to try and enjoy the US for as long as possible.

I was hoping that rather than slag me down someone here would try and help.

It is very easy to come to an opinion about someone remotely from a comment made rather than know me and tell me to my face.

If you cant help then I would rather not know what you think if your upset by my financial situation.

If you ask a question then surely knowing the facts without writing a life story will help obtain an accurate answer, I thought that my financial situation would be important to the possible answers.

Boy was I wrong.
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Old Oct 1st 2008, 4:37 pm
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Default Re: VWP vs B1/B2

I think I quite clearly told you the system ...
We cannot change it ..thats it ..accept it or not
It aint gonna change
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Old Oct 1st 2008, 4:47 pm
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Default Re: VWP vs B1/B2

Ray you say you have answered my questions but have you . Invest in EB-5 or get B2 and come every 6 months. Or come for 90 days leave for 90 days

But I would like to know where the closest country would have to be. In other words could we live in Barbados/Caymans and do exactly what you suggest come for 90 stay away for 90 but nearby on a island or does it have to be another continent.
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Old Oct 1st 2008, 4:51 pm
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Default Re: VWP vs B1/B2

Originally Posted by scoobysteve
Ray you say you have answered my questions but have you . Invest in EB-5 or get B2 and come every 6 months. Or come for 90 days leave for 90 days

But I would like to know where the closest country would have to be. In other words could we live in Barbados/Caymans and do exactly what you suggest come for 90 stay away for 90 but nearby on a island or does it have to be another continent.
Barbados is not a Visa waiver country

http://travel.state.gov/visa/temp/wi...0.html#qualify
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Old Oct 1st 2008, 4:55 pm
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Default Re: VWP vs B1/B2

Q: Can a VWP applicant for Admission Be Readmitted To the United States Follwing a Short Trip To an Adjacent Island, Canada, or Mexico?
A: Generally, VWP applicants admitted under the VWP may be readmitted to the United States after a departure to Canada or Mexico or adjacent islands for the balance of their original admission period. This is provided they are otherwise admissible and meet all the conditions of the VWP, with the exception of arrival on a signatory carrier, in which case the inspecting officers have the discretion to grant the applicants entirely new periods of admission.
The VWP applicant is admissible and may be readmitted to the United States under the VWP after a departure to Canada or Mexico or adjacent islands provided the person:

Can identify an authorized period of admission that has not expired,
Plans to depart the United States prior to the expiration date of their period of admission,
Presents valid, unexpired passports which reflect admission to the United States under the VWP, and
Continues to meet all criteria set forth in 8 CFR 217 and section 217 of the Immigration and Nationality Act (Act), with the exception of arrival on a signatory carrier.

Q: What Islands Are Included Within the Meaning of Adjacent Islands?
A: The term "adjacent islands" is defined in section 101(b)(5) of the Act and for the purposes of the VWP includes

Anguilla
Antigua
Aruba
Bahamas
Barbados
Barbuda
Bermuda
Bonaire
British Virgin Islands
Cayman Islands
Cuba
Curacao
Dominica
Dominican Republic
Grenada
Guadeloupe
Haiti
Jamaica
Marie-Galante
Martinique
Miquelon
Montserrat
Saba
Saint-Barthelemy
Saint Christopher
Saint Eustatius
Saint Kitts-Nevis
Saint Lucia
Saint Maarten
Saint Martin
Saint Pierre
Saint Vincent
Grenadines
Trinidad
Tobago
Turks and Caicos Islands
Other British, French and Netherlands territory or possessions bordering on the Caribbean Sea.

http://www.cbp.gov/xp/cgov/travel/id...re/vwp/vwp.xml
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