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Hello! Ive been looking, calling and doing research to figure out my options. Now that i found a forum where people seem to have more knowledge than me, i wanted to write a post with a few questions!
I traveled on the VWP from june to september, i was meant only to stay for 2 weeks, but i fell in love, changed my tickets twice, and ended up staying 3 months, however the airline estimated the time and the allowed 90 days on the VWP wrong, and i trusted them, and didnt check it before it was 2 days too late, unfortunately. So i decided as soon as i landed in Denmark (Yesterday, home country) I would apply for a b2 visa, and my interview at the embassy is set to be Sep. 10th !
My question is, if i get approved, and get my visa, will i be able to travel in october? (Saying they dont need to do further investigations and approve me within the typical week it takes for that kind of visas) I had a 2 days overstay on the VWP, came back, going to spend a bit over a month in Denmark, and then trying to go back. I know its up to the immigration/border control to make the individual decissions wether to let me in or not, but how does my changes sounds? I dont know if they look at the VWP and count it all now that i have a new guilty b2 visa?
I will bring proffs of my residence, and payment of it, that im studying in Denmark, having exams in December, meaning i will have to go back! And i will show them my return ticket which i would like to be a month later, ie. November.
Lets say it all goes through, and i stay out of the country for 2 months, and wish to go back AGAIN for 1 month ... would that be possible? Trying to stay within the 180 days a year allowed that way.
Or is my chances better, if he applies for a k-1 Visa (Fiancee) while i wait in Denmark to go for the interview at the embassy here, and then get the 90 days visa to go get married with him so we can be together ?
however the airline estimated the time and the allowed 90 days on the VWP wrong,
Hogwash, YOU and only YOU made that mistake. Take responsibility for it. It is your responsibility to leave the US on time. Blaming others will not get you any points at the embassy or consulate.
Quote:
Originally Posted by Prusit
So i decided as soon as i landed in Denmark (Yesterday, home country) I would apply for a b2 visa, and my interview at the embassy is set to be Sep. 10th !
And what will be your story as to why you need a visa?
Quote:
Originally Posted by Prusit
I will bring proffs of my residence, and payment of it, that im studying in Denmark, having exams in December, meaning i will have to go back! And i will show them my return ticket which i would like to be a month later, ie. November.
Your ties are moderatley strong, but that based on the studies. Residence is only strong if it is a house that you own. Having bought a ticket already will not help you, since they always advise to not buy a ticket until the visa has been granted and delivered to you.
Quote:
Originally Posted by Prusit
Lets say it all goes through, and i stay out of the country for 2 months, and wish to go back AGAIN for 1 month ... would that be possible? Trying to stay within the 180 days a year allowed that way.
Or is my chances better, if he applies for a k-1 Visa (Fiancee) while i wait in Denmark to go for the interview at the embassy here, and then get the 90 days visa to go get married with him so we can be together ?
Have you even considered that you might get rejected for your visa application (b2)? Because you already overstayed once, have a reason to stay in the US, and do not have a lot of strong ties to Denmark.
Hogwash, YOU and only YOU made that mistake. Take responsibility for it. It is your responsibility to leave the US on time. Blaming others will not get you any points at the embassy or consulate.
Ofc. I changed my ticket, called in, got a date before the 90 days were up. A few days before i had to leave, they mailed me they had to change my ticket (They did not state a reason to why) And my mistake was to not count the day on the new date the airline gave me.
Quote:
And what will be your story as to why you need a visa?
I'm currently studying in Denmark, i study English, and being in the US will only help me improve my English skills. I was invited to celebrate Halloween and thanksgiving with the family i lived with the 3 months i was there, would like to experience those holidays. If im asked about the romance, i will be honest and note that im not about to throw my studies away by staying in the US, i would like to go back and see him as much as possible, and for that to be possible, i will have to stick to their rules, and be honest to why i wish to go back as often as i do.
Quote:
Your ties are moderatley strong, but that based on the studies. Residence is only strong if it is a house that you own. Having bought a ticket already will not help you, since they always advise to not buy a ticket until the visa has been granted and delivered to you.
I bought the ticket way before my first travel, not considering i would end up overstaying on my first trip and having to apply for a b2 visa. I don't have any family members sitting in the US, and im gonna provide them with phone numbers and adresses on my closest family in case they want it. I can easily support myself, i have documents proving that i will get money from my school every month up until December.
Quote:
Have you even considered that you might get rejected for your visa application (b2)? Because you already overstayed once, have a reason to stay in the US, and do not have a lot of strong ties to Denmark.
If i hadn't considered the possibility, what am i doing in here ?
You don't really know about my ties in Denmark, however i gave you some information about that in this message.
I'm currently studying in Denmark, i study English, and being in the US will only help me improve my English skills. I was invited to celebrate Halloween and thanksgiving with the family i lived with the 3 months i was there, would like to experience those holidays.
How much time do you have left on your studies? I.e. how many years before you graduate? That will play a factor. Being invited to Thanksgiving will not be a strong reason for giving you a B2 visa.
Quote:
Originally Posted by Prusit
If im asked about the romance, i will be honest and note that im not about to throw my studies away by staying in the US, i would like to go back and see him as much as possible, and for that to be possible, i will have to stick to their rules, and be honest to why i wish to go back as often as i do.
Advice here is not to volunteer information unless you are asked to. Own up to the mistake of the overstay and show them that you know the rules and the legal route to emigrate to the US.
They basically have two concerns when they interview you. 1) Will you stay in the US and thus not come back? 2) Will you work in the US?
2) can be addressed with sufficient financial funds, 1) can be addressed by showing strong ties to Denmark. Unfortunately, a boyfriend in the US is a strong tie to the US and also a reason to consider all ties to Denmark to be weak ties. Thus, assure them you want to follow to legal route if you someday want to live in the US permanently. The if is very important, make it clear that you just want to explore the relationship for now, and thus you nor your boyfriend have made up your mind about wanting to live together or where you two would want to do that.
Got my visa, and received my pasport already!
Now the only question i have left is, how do they count the 180 days calendar year you're allowed to be in the US on your visa? I know its up to the individuel officer to decide how long you're gonna stay, but a total of 180 days you're allowed on this visa. I just don't know how it reset? Its cause of tax purposes they have the 180 days rule, thats all i know.
Prusit: congratulations. That is good news. It is a bit surprising, because in Holland a lot of B2 visa applications have been denied. But for you that does not matter.
I do not know if and how they reset. But I do know that they count the days by day, so regardless of whether you arrive in the US at 09.00 or 21.00, it counts as one day. Same for departure. 09.00 or 21.00 counts as one day.
Example: arriving on september 10 09.00 and leaving on september 11 21.00 counts as two days, just as arriving september 10 21.00 and leaving on september 11 09.00 does, despite the fact that in the first example you are in the US for 36 hours and in the second example for 12 hours.
You overstayed VWP and regardless who is at fault, that will weigh against you applying for B1/B2. You are now at greater risk for overstaying on that as well violating your status.
Your best option is to have your intended obtain the K-1. That will overcome the VWP overstay.
Got my visa, and received my pasport already!
Now the only question i have left is, how do they count the 180 days calendar year you're allowed to be in the US on your visa? I know its up to the individuel officer to decide how long you're gonna stay, but a total of 180 days you're allowed on this visa. I just don't know how it reset? Its cause of tax purposes they have the 180 days rule, thats all i know.
My visa is valid for 10 whole years
You have to make meaningful departure at the end of your stay. Seeing a CBP officer who asks how long is your visit and you say 6 months will raise his/her eyebrows. You will have to prove to the officer your intent that you will depart at the end of your stay. Having a return ticket that is open ended will help. Fly in on a one-way ticket could get you denied admission. Proof of solvency will be required. Stating you will "couch surf" will definitely get you denied admission.
Also regardless the validity of your visa, you can only stay in the US 6 months out of a calendar year. Thus if you enter in November, you depart in April and remain out for 6 months. Start showing a pattern of in 6 months out 6 months will get you noticed.
You overstayed VWP and regardless who is at fault, that will weigh against you applying for B1/B2. You are now at greater risk for overstaying on that as well violating your status.
Your best option is to have your intended obtain the K-1. That will overcome the VWP overstay.
OP got her B2.
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