US B-2 Visa for Australian currently in the US with ESTA

Upvote:1

The Answer to your question is no and yes NO IS when you have no ties to Australia to return too meaning your girl friend is in USA and on permanent residence status on 90 days ESTA you have to return to Australia instead Canada as it shows you do not want to return to Australia and want to stay in USA for job etc etc IF you have ties to return to Australia like your girl friend job etc etc then only you able to get b1/b2 visa even on Canada you need to prove you will go back before entering to Canada etc etc. Also once you been refused b1/b2 visa you will have problem entering USA on Valid ESTA

Upvote:6

Having an LPR girlfriend plus intending to stay for the max time under the VWP plus the max time under a B2 visa (15 months in total) is not going to be an advantage I'm afraid. Looking at it with an objective eye, you show a significant connection to the US which could motivate you to live there illegally under the pretense of simply staying legally for extraordinarily long.

What's more, if you're ever denied a visa, you will never set your foot in the US under the VWP again and will have a harder time getting a visa again.

I personally would not recommend doing this, and if you are hell bent on it, bring every single piece of documentation to the interview proving your ties to Australia, as well as proof of your financial status.

An important rule of thumb: from the moment the visa officer meets you, they assume you to be an intending illegal immigrant, and it is up to you to convince them otherwise - only then will the visa be granted.

Finally, even with the visa, at the port of entry you could easily be taken in for secondary, and the CBP officer may conclude that your visa should not have been issued in the first place, thus cancelling it and refusing you entry

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