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kclloyd

Visa Waiver Program or Visitor Visa

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Filed: Timeline

My boyfriend currently lives in the UK (he's a British citizen). I live in the US. He is considering coming to the US for a few months to see if he likes it, and to ultimately help us figure out the geography of our relationship (will we live abroad or in the States?).

He'd like to come here for 3-6 months, from October to April. During that time, he'd like to fly back to his home in the UK over the Christmas holidays, then return to the US in January.

We are trying to determine if he should enter the US BOTH times (in October and again in January) on the Visa Waiver Program, OR if a Visitor Visa is the better path to take. We're not sure if a Visitor Visa would allow him to travel to the US in October, then travel to the UK for Christmas, then return to the States in January for the remainder of his stay.

He does NOT intend to work. In fact, he intends to do unpaid volunteer work while in the States. He can prove he can financially sustain himself for the duration of his stay in the US via bank statements. I can also write a letter stating my ability and willignness to sponsor him in the event that his funds might run out.

So, ultimately, what we need to know is should he use the Visa Waiver Program or apply for a Visitor Visa? (We want to follow the law in case we decide to live in the States when we eventually get married.)

Thanks for your help!

-KC

PS When you reply, if you could also include HOW you know the answer to my question and where I might find it on an official government site, that would be really helpful.

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Filed: Other Country: United Kingdom
Timeline
My boyfriend currently lives in the UK (he's a British citizen). I live in the US. He is considering coming to the US for a few months to see if he likes it, and to ultimately help us figure out the geography of our relationship (will we live abroad or in the States?).

He'd like to come here for 3-6 months, from October to April. During that time, he'd like to fly back to his home in the UK over the Christmas holidays, then return to the US in January.

We are trying to determine if he should enter the US BOTH times (in October and again in January) on the Visa Waiver Program, OR if a Visitor Visa is the better path to take. We're not sure if a Visitor Visa would allow him to travel to the US in October, then travel to the UK for Christmas, then return to the States in January for the remainder of his stay.

He does NOT intend to work. In fact, he intends to do unpaid volunteer work while in the States. He can prove he can financially sustain himself for the duration of his stay in the US via bank statements. I can also write a letter stating my ability and willignness to sponsor him in the event that his funds might run out.

So, ultimately, what we need to know is should he use the Visa Waiver Program or apply for a Visitor Visa? (We want to follow the law in case we decide to live in the States when we eventually get married.)

Thanks for your help!

-KC

PS When you reply, if you could also include HOW you know the answer to my question and where I might find it on an official government site, that would be really helpful.

First off visitors/tourists can not do any kind of work, paid or unpaid. so he can not do voluntery work while here. It is very unlikely he would be given a B1/B2 visa because unless he has very stonge evidence that he will need to return to the UK it would be denied, so things like a job, a house, Mortgage and other commitments that compel him to go home.

If he was approved for a B1/B2 visa he would still find it very difficult to do what he is trying to do. The general rule is that you need to spend as much time out of the US as you did in the US before a return trip. So if he came in Oct and left in Dec you would be looking at march before he should attempt to return, even then there is a chance he will be denied entry.

If he used the VWP to come for 90 days he would not be able to go back for 2 weeks and then return. Most POE officers will see him as a big risk for overstaying his visa and will refuse entry. This happens to many people.

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