Is re-entry on a tourist visa after being in USA for ESTA for almost 3 months a problem? [duplicate]

Question

This question already has an answer here:

• How soon can I re-enter the USA having stayed for 90 days under the Visa Waiver Program? [duplicate] 4 answers

I am in the States on ESTA, but I like it here and would like to stay longer and explore more, so I decided to travel to Canada to apply for a B1/2 visa to re-enter for longer period.

MOST IMPORTANTLY : Will my ESTA (visa waiver) period of 90 days still keep counting while I am in Canada, even if I left the US (but not to my residential country, as I am European)? Or will it stop counting on the day I leave the USA?

Could that be a problem, or is it OK and I will probably be granted the tourist visa? Do you know how long it usually takes the Toronto consulate? Is it a problematic spot?

Can I enter straight after the visa is issued, even if it is just a week after I left the USA?

Thanks a lot!

Answer 1

No, it's not a problem. The "90 days" rule applies only if you're entering the US under the Visa Waiver Program (VWP). If you go to Canada, receive a B1/B2 tourist visa and return to the US using that visa, it's not a VWP re-entry, but an entirely new entry.

You still have a problem though: convincing the Toronto consulate to grant you that visa if you've just spent 3 months in the US as a tourist, since they're going to suspect you're working illegally. You'll need proof of funds to support yourself and some proof that you're going to leave the US.

(Also, ESTA and VWP are not the same thing, but that's a different answer.)