B2 visa - american boyfriend

[Deleted User]

I'm curious about people's experiences in a situation like this:

I'm from the Netherlands and I'm in a relationship with an American men for a year and nine months and he is the love of my life! And I was in the US for the past three months and when I boarded in Minneapolis two officers told me that I had been in the US one day too long on my esta. I was on my way back home!! Like all the other times I traveled to the us. We really checked and calculated the 90 days 30 times, and also with an online calculator. I booked a ticket for December 18 to March 17, and clearly that was 91 days. I have traveled to the US three times before and have always returned home. I just want to visit my boyfriend and travel with him in the US and we are serious and we really want to get married, but we want to take it slow. But the thought of losing him breaks both our hearts. We're both having a really hard time right now.  If we don’t find a solution for this we can’t see each, he works a lot. We are lucky that he can come to the netherlands two times this year. That was already planned before this situation. He visits me twice in the Netherlands last year and he comes back in June and december. 

My life in the Netherlands is so good, I have NO intention to stay in the us. I'm 43 and my dad is 78 and he has health problems, he had two small heart attack, one this year and one last year. So that's the reason my boyfriend is coming to the Netherlands this year. But I really want to visit him one time this year and next year of course. I get money from the state because I got sick a while ago, and i'm much better now, but i'm not there yet. That means that I have an extremely good and cheap health insurance and my rent is really cheap. I don't want to move to the state for sure. I can't stay longer dan three months a year because I have to be in the Netherlands and I always have to fill out an online form for that company where I get my money from when I leave and when I return and I can't be in another country too much because if I do I lose everything. Then they say: you don't live in the Netherlands anymore so you don't get your money anymore. 

I don't know what to do......

Thank you very much in advance!

Kind regards Anna

Emmia

You know this is a UK site?

But I don't know what your question is having read your post twice.

As you overstayed ESTA it looks like you now need to apply for a full visa to travel to the US - no exemptions by the looks of it.

https://nl.usembassy.gov/visas/visa-waiver-program/

[Deleted User]

Oh no I didn't know that......... My question is is it posible to get a b2 visa in my situation?

Brie

If you overstayed on the ESTA last time will you be allowed back in?  The US take these things very seriously, well most countries do frankly.  So before planning anything I'd get confirmation that you will actually be allowed back without a hassle.  Get it in writing and carry a copy with you.  

Thinking also that you need to concentrate on getting yourself well too.  That of course might bring the problem of no longer getting government support and needing to get a job - which then will shorten the times you can visit.

No real answers for you unfortunately.

Emmia

[Deleted User] said:

Oh no I didn't know that......... My question is is it posible to get a b2 visa in my situation?

You'd need to ask the US authorities.

[Deleted User]

I'll delete my post

Emmia

[Deleted User] said:

I'll delete my post

It's bad form to do so as others may have a similar question 

Emmia

[Deleted User] said:

I'm curious about people's experiences in a situation like this:

I'm from the Netherlands and I'm in a relationship with an American men for a year and nine months and he is the love of my life! And I was in the US for the past three months and when I boarded in Minneapolis two officers told me that I had been in the US one day too long on my esta. I was on my way back home!! Like all the other times I traveled to the us. We really checked and calculated the 90 days 30 times, and also with an online calculator. I booked a ticket for December 18 to March 17, and clearly that was 91 days. I have traveled to the US three times before and have always returned home. I just want to visit my boyfriend and travel with him in the US and we are serious and we really want to get married, but we want to take it slow. But the thought of losing him breaks both our hearts. We're both having a really hard time right now.  If we don’t find a solution for this we can’t see each, he works a lot. We are lucky that he can come to the netherlands two times this year. That was already planned before this situation. He visits me twice in the Netherlands last year and he comes back in June and december. 

My life in the Netherlands is so good, I have NO intention to stay in the us. I'm 43 and my dad is 78 and he has health problems, he had two small heart attack, one this year and one last year. So that's the reason my boyfriend is coming to the Netherlands this year. But I really want to visit him one time this year and next year of course. I get money from the state because I got sick a while ago, and i'm much better now, but i'm not there yet. That means that I have an extremely good and cheap health insurance and my rent is really cheap. I don't want to move to the state for sure. I can't stay longer dan three months a year because I have to be in the Netherlands and I always have to fill out an online form for that company where I get my money from when I leave and when I return and I can't be in another country too much because if I do I lose everything. Then they say: you don't live in the Netherlands anymore so you don't get your money anymore. 

I don't know what to do......

Thank you very much in advance!

Kind regards Anna

Quoting for posterity

DullGreyGuy

Anything is possible but there is at least a reasonable chance a visa will be denied and so you may want to get legal advise from a lawyer with US immigration experience. The US take overstaying very seriously and so its never prudent to plan to be there the full 90 days in case a flight is cancelled etc and your stay forceably extended a few days. 

Voyager2002

[Deleted User] said:

I'll delete my post

Don't do that... other people may benefit from the discussion.

Voyager2002

Anna, why not bring your partner to Europe?

Looking at the situation logically:
1. You two are sure you want to be together. So that means both of you living in USA; in NL; or somewhere else.
2. You have been visiting frequently but that is obviously stressful, and now you face difficulties with US immigration. That was bound to happen sooner of later. And you are very sure that you do not want to live in the USA, for good reasons.
3. In many ways the easiest solution would be for both of you to live in Belgium or another EU country close to your home town. If your partner were to get a visa to settle in NL he would first need to learn to speak Dutch, and there are financial requirements that you might not be able to satisfy. However, under the EU law on Freedom of Movement you have the absolute right to live and work in any EU country, together with your family, and that includes your husband. So you could register as a resident of a town on the border with Belgium and still be very close to your father.

Question: if you lived in the EU but not in NL, what would happen to your income? Under EU law most benefits have to be paid no matter where you live in the EU, but you need to check that carefully.