Tourism Visa Question

[DittoDen 0]

Hello everyone,

I have been unable to find a clear answer to my question, even after searching the forums. I hate duplicate question posting as much as the next person, so i really did try searching. Anyhow, i hope someone can give me some first person experience feed back on this issue.

Ok, I am at that stage im sure everyone has been at where my lovely lady friend and I are feeling pretty sure marriage is in our future. Ive been there to visit her in England and now her visiting me is our next step. But despite how sure everything feels, we want to be positive before making such a big life change. Vacation/Holiday time is tight, so we can't make monthly visits to each other. So one option we're trying to investigate is the idea of her coming here on the 6 month Tourist Visa and living here with me to get a true feel of life together. Of course during this visit we would become "officially" engaged and would like to file and start the process (if everything feels right). Once the time for her interview is given, we'd both fly back to England for her Interview and hopefully be able to stay long enough to receive her K-1 visa and return together.

Now, i guess im just trying to make sure this is Ok to do and wouldn't throw up any red flags. Has anyone done this method before? We would not be getting married while she's here on the tourist visa. She would be getting a round trip ticket for the stay. What is the best way to describe this when going through customs/immigration? Or should she just say "im here as a tourist"? Of course she'd be living with me. But we just feel those months could be vital in making sure we're not rushing into anything. But we want to do it right.

Thoughts, opinions, advice? Big thanks in advance.

- Den

[coraliesolms 47]

Hello everyone,

I have been unable to find a clear answer to my question, even after searching the forums. I hate duplicate question posting as much as the next person, so i really did try searching. Anyhow, i hope someone can give me some first person experience feed back on this issue.

Ok, I am at that stage im sure everyone has been at where my lovely lady friend and I are feeling pretty sure marriage is in our future. Ive been there to visit her in England and now her visiting me is our next step. But despite how sure everything feels, we want to be positive before making such a big life change. Vacation/Holiday time is tight, so we can't make monthly visits to each other. So one option we're trying to investigate is the idea of her coming here on the 6 month Tourist Visa and living here with me to get a true feel of life together. Of course during this visit we would become "officially" engaged and would like to file and start the process (if everything feels right). Once the time for her interview is given, we'd both fly back to England for her Interview and hopefully be able to stay long enough to receive her K-1 visa and return together.

Now, i guess im just trying to make sure this is Ok to do and wouldn't throw up any red flags. Has anyone done this method before? We would not be getting married while she's here on the tourist visa. She would be getting a round trip ticket for the stay. What is the best way to describe this when going through customs/immigration? Or should she just say "im here as a tourist"? Of course she'd be living with me. But we just feel those months could be vital in making sure we're not rushing into anything. But we want to do it right.

Thoughts, opinions, advice? Big thanks in advance.

- Den

Seems legit to me, as long as she doesnt overstay whatever time they give her on her I-94, ofcourse, this is assuming they let her in at the border (sometimes they get snarky). The big thing is that she shows sufficient ties to her country (lease,house, job, bank account etc). Once she is in the states, you may get engaged and send off the K-1 app, but if the expiration on her visa happens before the interview, she will have to go back to her country. While she is in the US with you, take lots of pictures with her and your family, give eachother lots of shmushy "i love you" cards.. all this adds up to evidence of a bonafide relationship

If anyone else has input, Im sure it would be appreciated. From what I can see, you should be ok though. The biggest deal is getting into the States. If a border patrol agent feels like she cant establish sufficient ties to her home country, then no B1/B2.

[DittoDen 0]

Thanks for the prompt reply. Yes, thats my real biggest concern, just getting in! I mean even if our motives are to play by the rules, I worry about them turning her back. Im hoping someone else here has experienced someone coming to stay for the 6 months and had success with it. I like to hope that by telling customs up front what we're trying to do and showing proof of her life at home, they'll let her through. Thank you again. Anyone else have input?

[familyguy 2]

As she is a citizen of a VWP country her chances of getting a B1 visa are slim to none.

[familyguy 2]

For some reason I can not edit my post it should read as follows

As she appears to be a citizen of a VWP country her chances of getting a B2 Tourist visa are slim to none. B1 is a business visa which does not appear to appropriate in the circumstances as advised in your original post

[DittoDen 0]

As she appears to be a citizen of a VWP country her chances of getting a B2 Tourist visa are slim to none. B1 is a business visa which does not appear to appropriate in the circumstances as advised in your original post

Im sorry you'll have to clarify what a VWP country is. I wasn't referring to a business visa. Nor did i mention that. I am talking about her coming here strictly as a normal tourist to see how she likes America and if the move is really the right thing to do.

[familyguy 2]

Im sorry you'll have to clarify what a VWP country is. I wasn't referring to a business visa. Nor did i mention that. I am talking about her coming here strictly as a normal tourist to see how she likes America and if the move is really the right thing to do.

VWP = Visa Waiver Programme. You indicate she is living in the UK ( and presumably a UK Citizen?) If she is NOT in fact a UK citizen then you need to say what citizenship she holds as the answer may be different.

As a UK citizen (or indeed a citizen of any other VWP participating country) she is entitled to use the VWP and it is therefore highly unlikely that she would be granted a B visa (Tourist). Her stay on the VWP is limited to 90 days; always assuming of course that she can convince the officer at the POE to let her in. If not then there is no right of appeal and it is back on the next plane home.

6 months is not realistic in the circumstances as described. There are one or two exceptions ie snowbirds that do get a B visa granted but they are very few indeed. Of course she may be taking a private jet instead of a commercial flight in which case she would have a good chance of having the visa granted as that is one of them.

[DittoDen 0]

VWP = Visa Waiver Programme. You indicate she is living in the UK ( and presumably a UK Citizen?) If she is NOT in fact a UK citizen then you need to say what citizenship she holds as the answer may be different.

As a UK citizen (or indeed a citizen of any other VWP participating country) she is entitled to use the VWP and it is therefore highly unlikely that she would be granted a B visa (Tourist). Her stay on the VWP is limited to 90 days; always assuming of course that she can convince the officer at the POE to let her in. If not then there is no right of appeal and it is back on the next plane home.

6 months is not realistic in the circumstances as described. There are one or two exceptions ie snowbirds that do get a B visa granted but they are very few indeed. Of course she may be taking a private jet instead of a commercial flight in which case she would have a good chance of having the visa granted as that is one of them.

Ah I see. You threw me off talking about a business visa. Ok, so yes i am not a visa expert. I thought i had heard people could stay up to 6 months as a Tourist. Not allowed to work. Just visiting. She is a UK citizen, so you're saying the max stay is 90 day? See... this is why im asking these questions. Thank you for the info!

[MrTee12 64]

Here's info on Visa Waiver Program

http://travel.state.gov/visa/temp/without/without_1990.html

[Boiler 43,438]

Her holiday time is tight but she can take 6 months?

There was a thread recently about someone who applied despite advice to the contrary and is now suffering the consequences.

[coraliesolms 47]

If she tells them she is considering moving to the US, its almost a guarenteed that she will not get a visa. A few questions though, does she have a car? property? good paying job? If she has all of these things, they might consider it. And just as a side note, my first B visa was 180 days, but I showed VERY strong ties to canada (lease agreement, manager at my job, family, return ticket, vehicle..etc)

HOWEVER, that being said, if she tells them she is just going to visit, and you guys get married and try AOS... you will find urself in big doo doo.

And by the way, she will have to apply for B visa at the US consulate closest to her.. and getting the visa doesnt mean automatic entry into the US, they can still stop her at the POE if they feel like shes acting nervous or trying to hide something.

Edited March 29, 2010 by coraliesolms

[R&V 8]

I did something similar.

I was planning to quit my job in another EU country anyway, and I did last year. I then traveled to the US under the VWP and stayed for three months twice.

I had some trouble getting in the first time, and was sitting in the "special questioning" area for a while and getting grilled by the officer. Not pleasant. Understandable though, as I didn't have a job back home and was staying with my fiance for three months. The second time, no problems whatsoever.

I'm glad we did this "testing phase" for our relationship, I wouldn't have felt comfortable getting married without at least having lived together under somewhat normal circumstances. All I can recommend is being as up-front as necessary. Also, don't do anything stupid (like working illegally, etc. I just used some of my savings for now---Oh well.).

Good luck!

[Minya's wife 24]

Hello everyone,

I have been unable to find a clear answer to my question, even after searching the forums. I hate duplicate question posting as much as the next person, so i really did try searching. Anyhow, i hope someone can give me some first person experience feed back on this issue.

Ok, I am at that stage im sure everyone has been at where my lovely lady friend and I are feeling pretty sure marriage is in our future. Ive been there to visit her in England and now her visiting me is our next step. But despite how sure everything feels, we want to be positive before making such a big life change. Vacation/Holiday time is tight, so we can't make monthly visits to each other. So one option we're trying to investigate is the idea of her coming here on the 6 month Tourist Visa and living here with me to get a true feel of life together. Of course during this visit we would become "officially" engaged and would like to file and start the process (if everything feels right). Once the time for her interview is given, we'd both fly back to England for her Interview and hopefully be able to stay long enough to receive her K-1 visa and return together.

Now, i guess im just trying to make sure this is Ok to do and wouldn't throw up any red flags. Has anyone done this method before? We would not be getting married while she's here on the tourist visa. She would be getting a round trip ticket for the stay. What is the best way to describe this when going through customs/immigration? Or should she just say "im here as a tourist"? Of course she'd be living with me. But we just feel those months could be vital in making sure we're not rushing into anything. But we want to do it right.

Thoughts, opinions, advice? Big thanks in advance.

- Den

You're making a big assumption here, that the I-129F (the fiancee visa petition) will be approved and processed at the consulate level in those six months for you to fly back together for the interview....not to mention that there are some things that your lady will have to do back in the UK before she even gets to the interview point (medical, police clearance(s), etc.)....so you can't just fly back together, have an interview, get visa and come back.

Please take a look at the K-1 visa guides here and browse though some timelines to get a better idea of the procedure and length of time it takes.

There is nothing wrong with coming over, using the VWP privileges and staying as long as allotted on the I-94 (stamped in the passport upon entry). In order to gain entry, she will have to prove to the satisfaction of the CPB official at the airport that she has sufficient ties to her home country so as to not be 'intending to emigrate'. This is where sufficient funds to support herself while here, documentation of a job back home that expects her back at a specified time(vacation time), home ownership and/or lease agreement, and other such documents proving her ties to home, will be examined before she is granted entry.

[DittoDen 0]

Alright, this has given me some great info. Thanks everyone. I think few answers got a bit off topic and assumed a little extra... but its all good.

To be clear again, im not looking at a way to "get around" the system. Simply a way to spend as much time together as possible so both sides can be sure about doing all this.

@Boiler - My holiday time is tighter than hers. Her's is quite a bit more flexible.

@R&V - Thank you for this first hand account. That is pretty much what we'd like to do. So it seems spending at least 3 months at a time together is possible. When you were in the "special questioning" area, were you totally upfront about the purpose of your trip?

@coraliesolms - As stated in my original post, there will be no getting married while she's here visiting me. She does not have a car. But she has a pretty good job, a bank account and rents a flat with a friend.

@Familyguy - Thank you for that information.

@MrTee12 - Thank you for that link!

@Minyas Wife - Thank you for the very thorough response. That is all excellent info to know. We're just starting this process and the amount of stuff to know is overwhelming. Which is why im asking lots of questions now... rather than just gambling and going for it. lol

[R&V 8]

Hmm, not really, I think. I tried to answer only what he asked. Hmm.

I did tell them that I had a job lined up, which wasn't really a lie. (It would be easy for me to start ASAP here at home...)

He seemed very interested in my fiance's job etc. I think they just want to make sure you won't overstay/try to work/become a burden to the state. I had also visited a lot before (4 to 5 trips or so) from the other EU country, so I think that made them suspicious. Dunno.

Is your fiancee only taking a leave of absence? If so, maybe she could bring a letter from her employer stating when she's expected back?