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Guillermo Senmartin
Guillermo Senmartin, Attorney At Law
Category: US Law
Satisfied Customers: 109347
Experience:  Over 12+ years of experience in various areas of U.S. Law and 15+ years of experience in U.S. Immigration Law..
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My bf is moving to NY to do an MBA. I am a British Citizen

Resolved Question:

My bf is moving to NY to do an MBA. I am a British Citizen living in the UK, I can prove finances in the Bank showing I don't need to work to the Embassy if required and would like to stay in NY for the duration of my bf course then move back home to the UK after. His course is 20 months. Can I go over on an ESTA for three months, then come home and apply for the B2 visa, I have heard they normally grant 6 months, then I could apply for an extension for a further 6 months.
The question I wanted to ask is, would that work?
If I originally go out on the ESTA before applying for the B2 , would that go against me?
Would I have to stay in the US for the duration of the Visa or could I come back and forth from the UK to see friends and family?
Submitted: 1 year ago.
Category: US Law
Expert:  Guillermo Senmartin replied 1 year ago.
Hello! My name is***** and I am a licensed attorney with more than 13 years of experience. I am here to assist you with your questions. Please understand that if I ask you for additional information, you are NOT charged again and our communications are NOT timed. So please see this as a relaxed conversation between friends. I am here to help. Please give me a few minutes to review your question and I will be right with you with an answer. Sorry for any delay as I may also be assisting other customers at the same time and I read and type fast, but not that fast! Thank you for your patience.
Expert:  Guillermo Senmartin replied 1 year ago.
Sorry for the delay. What will be your boyfriend's status in the U.S.?
Customer: replied 1 year ago.
My boyfriend will be a student for 20 months under the F1 visa
Customer: replied 1 year ago.
He is British also
Expert:  Guillermo Senmartin replied 1 year ago.
Well, the answer is yes, you could enter on an ESTA, then leave the U.S. and then apply for a B-2 an come back, but the problem is that you risk them saying that you are spending too much time in the U.S. The idea is that you are just coming to visit and not that you be staying/living in the U.S. and just leaving to "reset" your time in the U.S. So when you come back, you should be prepared to answer the following: 1) How much time do you need?2) Why do you need you so much time?3) Why you couldn't do what you needed to do during the last trip?4) How will you be supporting yourself for this additional time since you are not allowed to work?5) What STRONG ties do you have to your home country to ensure that you will go back?6) What preparations have you made to go back? So as long as you can answer those questions to their satisfaction, you should be able to come back. If then later you want to extend that 6 month stay without leaving or leave and immediately come back, it will be much harder. Again, the idea is that you stay out longer than you stay in. So if you stay in 9 months, you should probably stay out a year or so. So if you are hoping to be able to stay by his side for the 20 months, don't count on it. Better to come for 2 months, leave for 4 months, come back for 2 or 3 months, etc. My goal is to provide you with excellent service – if you feel you have received anything less, please reply back as I am happy to address follow-up questions and there is no additional charge. Also, should you need to chat on the phone, private email or need help reviewing documentation, I am happy to do so for a small additional cost. Let me know if you are interested in these – I am happy to give you more details! When we are done, if you would be so kind as to leave a positive rating for my service, I would sincerely ***** ***** You can do that by clicking on the 3rd, 4th or 5th stars if you see them, or the smiley faces if you see them. If you do not see any stars or smiley faces, please at least leave a THANK YOU for me so I can let the administrators know. Your question thread does NOT close, so you can ask additional questions without additional charge even after leaving a positive rating. Thank you for your understanding.
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Expert:  Guillermo Senmartin replied 1 year ago.
Thank you for the positive rating. If you would like to request me in the future, please remember to put FOR GUILLERMO in the subject line and message box. Good luck to you!