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I am an Australian citizen, currently a tourist in the United States, with ESTA approval for a 90-day stay. My girlfriend is also an Australian citizen; however, she has permanent residency and now lives in the US. I now want to apply for the B-2 Tourist Visa to further my stay for 12 months as a tourist. I am financially independent and will not be working in the US.

I intend to leave the US within the 90 day approved ESTA. My question is 'Can I apply for my B-2 Visa in Canada?' To save the distance of travel back to Australia, I wanted to travel to Canada where I would nominate to have my Embassy interview for a B-2 Tourist Visa and if approved, I would return back to the United States.

Is this a feasible option? Can I do this within my current ESTA approved dates? My research indicates that I can apply at any US Consulate for the B-2 Visa. Any assistance would be appreciated

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    Your research indicates correctly that you can apply at any US consulate for a B-2 visa. There's no guarantee that the application will be approved, however, and your plan to stay for one year may subject your application to greater scrutiny. The consulate in Canada may find itself unqualified to judge your circumstances and therefore refuse your application; this wouldn't happen in Australia. You will also attract additional scrutiny from the border officer when requesting admission for twelve months. Some may talk about Canada not resetting the VWP clock; this is irrelevant in your case. – phoog Oct 26 '16 at 19:31
  • Someone entering on B-2 is basically always admitted for 6 months or less. Only in certain edge cases is admission for 1 year possible. – user102008 Oct 26 '16 at 20:35
  • short answer "forget it". – Fattie Oct 26 '16 at 21:35
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    The only long stay B-2 visas I've ever heard of are those issued when no appropriate nonimmigrant dependent status exists, like the unmarried dependent partner of an H-1B who doesn't qualify for an H-4 for that reason, or the old TC visa which had no corresponding dependent status for a spouse. I'm not sure a person whose sole purpose is "visit" can be admitted for more than 6 months initially, additional time might have to come from extension applications. – Dennis Oct 26 '16 at 23:15
  • thanks for the feedback. So if I apply for the 6 month B-2 visa, is it just as easy to go to Canada to do it or should I return to Australia to apply? Yes I can apply for an extension should I wish to stay longer. – CJ Trav Oct 27 '16 at 2:51
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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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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

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