# B2 Visa - Application Location



## RachaelK (Oct 14, 2008)

Quick question (I hope) about the B2 Visa application:

When applying for a B2 Visa (6 month visitor visa with no intention to work), does the application need to be placed from your country of residence? I've checked the State Department page (Visitor Visas Business and Pleasure) but it doesn't really say.

I believe someone being here on the VWP rules out being able to apply from the U.S.

Any info on it or experiences people may have had with it would be much appreciated.

Thanks,
Rachael


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## Fatbrit (May 8, 2008)

RachaelK said:


> Quick question (I hope) about the B2 Visa application:
> 
> When applying for a B2 Visa (6 month visitor visa with no intention to work), does the application need to be placed from your country of residence? I've checked the State Department page (Visitor Visas Business and Pleasure) but it doesn't really say.
> 
> ...


So I've read your question 3 times.....and I still don't understand it, I'm afraid.


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## RachaelK (Oct 14, 2008)

Fatbrit said:


> So I've read your question 3 times.....and I still don't understand it, I'm afraid.


In other words, if you're from New Zealand, could you apply in Canada? Or even in the U.S.? Or Australia? Or would you need to apply in New Zealand?


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## Fatbrit (May 8, 2008)

RachaelK said:


> In other words, if you're from New Zealand, could you apply in Canada? Or even in the U.S.? Or Australia? Or would you need to apply in New Zealand?


Usually the consulate will allow it -- but it's up to the individual consulate. But the real question should be why someone who holds a passport from a VWP country is applying for a B1/2. Such applications should not be taken lightly -- they can move you one step backward instead of forwards.

Here's a scenario where I could see success: NZ-er is currently resident in Ireland working for Microsoft. They have a conviction for shoplifting 20 years ago and are ineligible for the VWP. They want a 2-week vacation in Orlando.

And here's a scenario where I see nothing but failure: NZ-er, 20-year-old traveling round the world hooks up with American expat going in opposite direction in Ireland. It gets serious and they decide to cancel their travel plans and hang out in the States for a while to see if the relationship is going anywhere. They decide 90 days isn't going to be enough so they foolishly apply for a B1/2.

Where's your scenario?


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## Bevdeforges (Nov 16, 2007)

RachaelK said:


> In other words, if you're from New Zealand, could you apply in Canada? Or even in the U.S.? Or Australia? Or would you need to apply in New Zealand?


I think fatbrit has about summed it up. I'm not sure about the US, but I know many other countries require that you apply for almost any sort of visa from the consulate in the country in which you are resident. And if there are multiple consulates in a country, you have to apply at the consulate that covers the area in which you are resident.

While the consulate may have some discretion in the matter, they will question why someone is applying at any consulate other than the one covering their current residence. You normally want to give them a very good explanation.
Cheers,
Bev


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## RachaelK (Oct 14, 2008)

To 'foolishly' apply would be to do so without researching a bit about the visa.

The reason for wanting an extension past the 90 days is due to a series of family weddings/events occurring this summer/autumn that happen to run closer to a 130 day spread. Since flying numerous trips back and forth halfway around the planet and attempting mulptiple entries on the VWP wouldn't be wise, I thought it might be worth looking into other options to see if we could make it work.

I'm also checking with some friends who have been here on the B2 visa from the UK, purely for the purpose of extending their allowed time to 6 months, to find out how they went about the application and what they thought of the process.

It was more of a curiosity question than anything, as I'm not entirely familiar with the B2 visa.


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## Fatbrit (May 8, 2008)

RachaelK said:


> To 'foolishly' apply would be to do so without researching a bit about the visa.
> 
> The reason for wanting an extension past the 90 days is due to a series of family weddings/events occurring this summer/autumn that happen to run closer to a 130 day spread. Since flying numerous trips back and forth halfway around the planet and attempting mulptiple entries on the VWP wouldn't be wise, I thought it might be worth looking into other options to see if we could make it work.
> 
> ...


What evidence is there of ties to somewhere outside the US? What reason does this person have for leaving the US when their visit is up? With a B2 application (especially for someone who can use the VWP) you are assumed to have immigrant intent and you have to prove that you don't. Can you do that?

The weddings BTW equal family or friends there -- another red flag that you might be going to live there.


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## RachaelK (Oct 14, 2008)

I'm already living in the States. I'm really only looking into the B2 visa at the moment. The thought I had was to apply for the B2 only if I had confirmation of my Australian work visa (my occupation is still high on the list even with all of the changes) and if he had a solid work offer (shouldn't be a problem) to show intention to immigrate before the holidays (which truly is our intention).

I realize it would require a good bit of proof/paperwork/etc, which is why I thought it might be worth researching. As far as visas go, our situation would fit it's intended purpose. As far as experience and past research goes, I'm familiar with the 'guilty until proven innocent' view immigration likes to take.

It's not something we'd plan on applying for unless there was a solid foundation for the application, which is why I thought I'd ask about it on the forum - to get realistic views of what might be required.


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## Fatbrit (May 8, 2008)

RachaelK said:


> I'm already living in the States. I'm really only looking into the B2 visa at the moment. The thought I had was to apply for the B2 only if I had confirmation of my Australian work visa (my occupation is still high on the list even with all of the changes) and if he had a solid work offer (shouldn't be a problem) to show intention to immigrate before the holidays (which truly is our intention).
> 
> I realize it would require a good bit of proof/paperwork/etc, which is why I thought it might be worth researching. As far as visas go, our situation would fit it's intended purpose. As far as experience and past research goes, I'm familiar with the 'guilty until proven innocent' view immigration likes to take.
> 
> It's not something we'd plan on applying for unless there was a solid foundation for the application, which is why I thought I'd ask about it on the forum - to get realistic views of what might be required.


You can't apply for a visa in the US -- a visa allows you to knock on the door and nothing else. What status are you in at the moment?


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