B-2 visas are among the most commonly issued every year. They are for people coming to the US on temporary visits for pleasure or to get medical treatment. A B-2 usually comes for tourism, visits to family or friends, or medical advice or care. The B-2 shouldn't be primarily for a student, but a short course that is only a minor reason for being in the US may be allowed. B-2 visas are also used by family members of business visitors using a B-1 visa.
A fiancé(e) of a U.S. citizen may be eligible if he or she won't be staying in the United States. A fiancé(e) who will be staying after marriage would need a K visa.
It is important to remember that a B-2 visa is only for people who intend to stay for a short time and then return home. The maximum stay is a year, with a six-month extension possible. In almost every case, a B-2 will be admitted for six months.
You may have a nasty surprise if you try to use a B-2 visa to stay longer, or for an invalid purpose. The Customs and Border Protection inspections officer may not let you in, or there may be problems when you try to come to or stay in the United States in the future.
Spouses and Children
Your spouse and children will likely also be B-2 visitors if they're coming with you.
Visa Waiver Program
People from many countries who will be staying for no more than 90 days are eligible to come in through the "Visa Waiver Program".
Applying for an Original B-2 Visa
Apply for a B-2 visa at a US consular post. Forms are available at the office or on its Web site. Procedures can vary, based on your location, but the government is switching to online filing. You'll probably need to make an interview appointment before you get the visa. While you can apply for a visa at any consular post that issues them, consulates other than the one in your home location will likely discourage your application. If you've had immigration problems, apply at the location nearest your home.
To support your visa application you'll need several things. First, you'll need a passport that's valid for six months after your planned visit ends and a photograph meeting US State Department standards. You'll probably have to show that you have a foreign residence that you intend to keep, that your visit is for a proper B-2 purpose and that you can financially support yourself during your visit. You shouldn't be earning money while in the US.
Extensions
Extensions are available but are limited to six months. File Form I-539 at the US Citizenship and Immigration Services service center in the area where you're living. Include a letter with the form explaining why you need the extension, your arrangements for leaving, and the effect of an extended stay on your job and residence. Barring extraordinary circumstances, file for the extension before your visa expires.
Questions for Your Attorney
- If I can come in on the visa waiver program, should I? What are the advantages and disadvantages?
- Are there other visas that are more suitable for what I want to do?
- What's the worst thing that will happen if I'm using the wrong visa?
- How often can I come to the US on a B-2 visa, are there required time intervals between visits and can I get multiple B-2 visas without leaving the US as an alternative to extending my original visa?
- Can I apply for and receive a different type of visa while I'm in the US, or will I have to return to my home country first?