# B2 Visa for married couple



## tiamaria16 (Oct 27, 2011)

My wife and I are arranging a visit from her for a week or two. Our conflict lies in that I live in the USA and she lives in the UK. She had previously overstayed her VWP by less than 180 days but this was back in 2011 when we were young and stupid. Eventually we want to settle here but at the moment she has ties to England that require her to only visit and return.

We are concerned that it will be denied due to the fact that I (her husband) live here and she doesnt. She has 2 jobs and credit card bills, a car, she is very close to her family (and cat), and can prove her ties that require her to return to the UK.

Should we say that she is going to visit me? Or should she just book a hotel in new york city for a shopping trip? We are thinking about saying that the trip is a gift from her mom for her bday, and have even thought of elaborate situations where she is just taking some alone time due to stress or whatever the case may be.

She left on her own accord in 2011, she was not forced to go. We have been told that the fact that she stayed under 180 days maybe factor into the situation. We are aware that she would have to get a b2 tourist visa if she did apply. Also, we would like to know if they did reject the visa would she be able to apply again at a later date or would she get a ban?

Thank you


----------



## twostep (Apr 3, 2008)

The more elaborate the story the easier the tangle. She needs to have her facts together when she applies. Is there a chance her application gets rejected? Yes! It looks like three yeas or a considerable change in circumstances.


----------



## tiamaria16 (Oct 27, 2011)

twostep said:


> Is there a chance her application gets rejected? Yes! It looks like three yeas or a considerable change in circumstances.


What do you mean by this? She will get a ban for 3 years? why is this?

Also, if we did apply for a greencard when she is ready would the 3 year ban still count?


----------



## Davis1 (Feb 20, 2009)

So you nknow she can never use the VW ever again and she has to apply for a B-2 
her chanced of getting it are slim reduced by the fact she has a US husband
they will think immigrant intent BUT things surprise me sometimes


----------



## cloudwalker (Oct 13, 2013)

If her total stay was less than 270 days (90 + 180), she won't be subject to the three year ban but she must apply for a visa or face the possibility of being turned away as she no longer fits the VWP criteria. And it does happen.

She should tell the truth about the reason for her visit. There is nothing "wrong" with visiting her legally resident partner as a reason, and more importantly, your marriage and presence in the US are material facts to the application and if she misrepresents that, it could end the process really badly. I think her B2 chances are reasonable, but she will need to be contrite about breaching the VWP and she should build the strongest case she can in terms of demonstrating the temporary and finite nature of the proposed visit and the enduring ties she will return to in the UK, both for the application and the actual entry. If they ask about her longer term intent, she could say something to the effect of not anticipating any change in the current arrangement for the foreseeable future, which sounds like the case from your post?

The other option is the K3 visa/green card process, but you only have a certain amount of time to enter once the visa is granted, so better not to start that until you have more certainty of a possible move.


----------

