K-1 or VWP (ESTA) for extended trip to stay and visit girlfriend

[JimmyNesbitt 0]

Dear all,

I have a question about choosing between the VWP or K-1 visa to visit girlfriend for an extended periods of time (8months) and if such a long period can be done by multiple shortly dispersed ESTA uses. A bit of background: We not yet engaged or married but this is highly likely in the near future, we are just worried about visa application times and whether marriage will help or make things harder in the future for applications.

I am a British citizen, 28, currently a scientific researcher (PhD for 3yrs) and based for the time being in Switzerland. I also lived in Germany between ages 22-27 and the UK before then for university. My partner is American, also a scientist at university, 25.

I had the opportunity, kindly provided by my current institute, to take a holiday/sabbatical to visit the US from the end of December this year till the end of summer next year (around 8 months total). I will still be under contract at my institute in Switzerland for the 8 months until I return to work. I would like to go to the US and stay with my girlfriend for the full 8 months; however, as we have come to realize over the last few months, there is no clear way of doing this...

It appears we currently have 3 options:

1. Use the VWP (ESTA) and I travel over in December for (just under)90 days and leave the US in March. Stay in the UK or Switzerland for a few weeks and then fly back to the US for another <90 days.

2. Apply for the B1/2 visa to increase the 90 days to 180. This seems highly risky though and as I see, could lead to loss of ESTA status.

3. We are looking at getting married in the next few years, but are unsure if applying for the K-1 visa right now is the best idea. We fit all the necessary criteria (known each other 1.5yrs, frequent visits, family met, holidays together etc) but are worried about visa application times affecting our potential visit, and what would happen if we decide we want to move to the UK or Switzerland to live after August next year? Also will I have to remain in the US if I am allowed entry with a K1 visa - for instance if I am required to return to Switzerland next year to close down my ties at work, or visiting the UK to see family?

Any advice much is appreciated. Thank you in advance.

[Tom169 54]

Dear all,

I have a question about choosing between the VWP or K-1 visa to visit girlfriend for an extended periods of time (8months) and if such a long period can be done by multiple shortly dispersed ESTA uses. A bit of background: We not yet engaged or married but this is highly likely in the near future, we are just worried about visa application times and whether marriage will help or make things harder in the future for applications.

I am a British citizen, 28, currently a scientific researcher (PhD for 3yrs) and based for the time being in Switzerland. I also lived in Germany between ages 22-27 and the UK before then for university. My partner is American, also a scientist at university, 25.

I had the opportunity, kindly provided by my current institute, to take a holiday/sabbatical to visit the US from the end of December this year till the end of summer next year (around 8 months total). I will still be under contract at my institute in Switzerland for the 8 months until I return to work. I would like to go to the US and stay with my girlfriend for the full 8 months; however, as we have come to realize over the last few months, there is no clear way of doing this...

It appears we currently have 3 options:

1. Use the VWP (ESTA) and I travel over in December for (just under)90 days and leave the US in March. Stay in the UK or Switzerland for a few weeks and then fly back to the US for another <90 days.

2. Apply for the B1/2 visa to increase the 90 days to 180. This seems highly risky though and as I see, could lead to loss of ESTA status.

3. We are looking at getting married in the next few years, but are unsure if applying for the K-1 visa right now is the best idea. We fit all the necessary criteria (known each other 1.5yrs, frequent visits, family met, holidays together etc) but are worried about visa application times affecting our potential visit, and what would happen if we decide we want to move to the UK or Switzerland to live after August next year? Also will I have to remain in the US if I am allowed entry with a K1 visa - for instance if I am required to return to Switzerland next year to close down my ties at work, or visiting the UK to see family?

Any advice much is appreciated. Thank you in advance.

You can't apply for K1 until you are engaged. After the visa is approved, you must marry within 90 days of landing, or leave the USA. After getting married you cannot leave the USA until you have Advance Parole (possibly up to 5 months). If you do leave, you will be classed as abandoned and you must then apply for a CR-1.

The rule of thumb with the WWP is to spend as much time out of the USA as you do in. Do not leave "just under" in-case of flight delays or even catastrophe. If the officer at the border even sniffs a whiff if suspicion about your motives, lack of ties or long stays, you will be asked to withdraw from entering the USA.

Do not apply for a B1/2 visa. You will be denied as you come from a VWP country.

Edited August 22, 2016 by Tom169

[Californiansunset 332]

Dear all,

I have a question about choosing between the VWP or K-1 visa to visit girlfriend for an extended periods of time (8months) and if such a long period can be done by multiple shortly dispersed ESTA uses. A bit of background: We not yet engaged or married but this is highly likely in the near future, we are just worried about visa application times and whether marriage will help or make things harder in the future for applications.

I am a British citizen, 28, currently a scientific researcher (PhD for 3yrs) and based for the time being in Switzerland. I also lived in Germany between ages 22-27 and the UK before then for university. My partner is American, also a scientist at university, 25.

I had the opportunity, kindly provided by my current institute, to take a holiday/sabbatical to visit the US from the end of December this year till the end of summer next year (around 8 months total). I will still be under contract at my institute in Switzerland for the 8 months until I return to work. I would like to go to the US and stay with my girlfriend for the full 8 months; however, as we have come to realize over the last few months, there is no clear way of doing this...

It appears we currently have 3 options:

1. Use the VWP (ESTA) and I travel over in December for (just under)90 days and leave the US in March. Stay in the UK or Switzerland for a few weeks and then fly back to the US for another <90 days.

2. Apply for the B1/2 visa to increase the 90 days to 180. This seems highly risky though and as I see, could lead to loss of ESTA status.

3. We are looking at getting married in the next few years, but are unsure if applying for the K-1 visa right now is the best idea. We fit all the necessary criteria (known each other 1.5yrs, frequent visits, family met, holidays together etc) but are worried about visa application times affecting our potential visit, and what would happen if we decide we want to move to the UK or Switzerland to live after August next year? Also will I have to remain in the US if I am allowed entry with a K1 visa - for instance if I am required to return to Switzerland next year to close down my ties at work, or visiting the UK to see family?

Any advice much is appreciated. Thank you in advance.

If you have strong ties to your home country you can apply for a B1/B2 visa. You can show a letter from a professor or someone else from your institute that they gave you a sabbatical and expect you to return by a certain date (ideally 6 months after you want to enter the states). If you then have even something like an apartment contract it's a big plus. My sister had a letter from a teacher from her university where it said that she needs to come back to Germany complete her Master's degree (which technically wasn't completely true as she could've had the defense of her Master's thesis through Skype too) and she was granted a B1/B2. Her reason that she gave for wanting to go the States for longer than 90 days was that she wanted to travel the west coast without being in a rush. She didn't have any problems getting that visa. If you are really devoted to your fiancé you can also do something like voluntary work for a non profit or something similar. There are plenty of options. I obtained a 10 year multiple entry B1 visa to be a volunteer for a non-profit (they usually give you B1/B2 if you say that you also want to travel and not just a B1 how they did with me). I was able to be with my boyfriend but at the same time I got to do something in the field I was studying anyways (Marketing for the nonprofit), plus I did something good for the community and I absolutely loved it. I met a lot of Germans and Dutch who got a B1/B2 visa for voluntary work. That gives the officer a more believable reason why you want to go to the States for such a long time. Edited August 22, 2016 by Californiansunset

[Pitaya 2,576]

~Moved from K1 Process to What Visa Do I Need Forum~

~Type of visa inquiry~

[JFH 12,189]

The VWP is for shorter, occasional visits. It's not for living in the USA in 90-day installments. I would urge you strongly to not abuse the VWP like this, it is a huge privilege for a chosen few in this world and we want to keep it that way. There is a strong chance it will backfire on you anyway and you are refused entry on your second attempt as it will be clear you are using it to try and live in the USA. A B2 visa is a good option for you in view of the fact that you have a sabbatical. However, a love interest in the USA always counts against you for any non-immigrant visa application. You can thank the numerous others that have used a tourist visa with the intention of emigrating for that. Any non-immigrant visa applicant must overcome the assumption by the officer that there is immigration intent. And that's even harder with a lover in the USA.

To be on the safe side, I would use your VWP status and visit once for about 85 days and enjoy it as much as you can. Presumably your girlfriend doesn't have 8 months off? If she does, she could come and visit you in that time too.

Once you spend more than 6 months of a year in the USA you become of interest to the IRS anyway.

The K-1 is not suitable as you must marry within 90 days of arrival.

Edited August 22, 2016 by JFH

[yuna628 9,533]

Dear all,

I have a question about choosing between the VWP or K-1 visa to visit girlfriend for an extended periods of time (8months) and if such a long period can be done by multiple shortly dispersed ESTA uses. A bit of background: We not yet engaged or married but this is highly likely in the near future, we are just worried about visa application times and whether marriage will help or make things harder in the future for applications.

I am a British citizen, 28, currently a scientific researcher (PhD for 3yrs) and based for the time being in Switzerland. I also lived in Germany between ages 22-27 and the UK before then for university. My partner is American, also a scientist at university, 25.

I had the opportunity, kindly provided by my current institute, to take a holiday/sabbatical to visit the US from the end of December this year till the end of summer next year (around 8 months total). I will still be under contract at my institute in Switzerland for the 8 months until I return to work. I would like to go to the US and stay with my girlfriend for the full 8 months; however, as we have come to realize over the last few months, there is no clear way of doing this...

It appears we currently have 3 options:

1. Use the VWP (ESTA) and I travel over in December for (just under)90 days and leave the US in March. Stay in the UK or Switzerland for a few weeks and then fly back to the US for another <90 days.

2. Apply for the B1/2 visa to increase the 90 days to 180. This seems highly risky though and as I see, could lead to loss of ESTA status.

3. We are looking at getting married in the next few years, but are unsure if applying for the K-1 visa right now is the best idea. We fit all the necessary criteria (known each other 1.5yrs, frequent visits, family met, holidays together etc) but are worried about visa application times affecting our potential visit, and what would happen if we decide we want to move to the UK or Switzerland to live after August next year? Also will I have to remain in the US if I am allowed entry with a K1 visa - for instance if I am required to return to Switzerland next year to close down my ties at work, or visiting the UK to see family?

Any advice much is appreciated. Thank you in advance.

1) Do not attempt to use the VWP and do what you're thinking of doing here (I think you know that). The best way I can describe this to you is, the VWP is an important privilege in which the government really gets understandably cranky when it looks like you're spending more time in the US than in your own country. You need to space out rather large gaps in-between larger stay trips. And yes, they know all the tricks and will specifically look for someone trying to do as you suggest. Once you lose those privileges, the way will be shut. If you visit, also try not to wander too close to the 90 day max point before you leave, because anything can happen (delays etc). If you go over, you're not getting back in.

2) There is no harm in trying for a B2, however I can't say if you will be successful. Because UK citizens are allowed privileges with the VWP to seek entry easily with certain restrictions, it makes obtaining a B2 difficult. Having a girlfriend here will possibly also not help things.

3) With a K1, this allows you to enter the US, and marry your fiance within 90 days. Once here, you are allowed to stay and adjust your status based on this marriage, to an LPR (green card holder). The process to obtain a K1 right now can take anywhere around 6-7 months. Adjusting of status takes a longer time and in some cases it may delay up to a year. Typically the waiting immigrant will be wanting to work and make a life for themselves in the US or may find themselves needing to travel in an emergency, so they are allowed to file for a temporary work and travel permit (EAD/AP) for free with the application. These documents usually arrive before the green card will, within about 90 additional days of filing for it. Without having this if the immigrant leaves the US, they cannot re-enter and remain in the US without obtaining a spousal visa (longer than the K1, taking up to a year). So yes, ideally the immigrant should remain in the US, once they have entered and married on a K1, until they have filed for adjustment and received at least the temporary documents or else it will be starting all over from scratch. These are rough estimate dates, because in the land of immigration.. anything can happen. If you still have VWP in good standing you may even visit her while a K1 is pending.

I'm not sure if you are aware of the rules regarding the entry of USC's into the UK to join/live with their spouses or partners, but that's a whole other side to rather stringent immigration logistics that have to be carefully considered. Does she have the ability to join you in a European country for a while, gain residency, and then enter the UK that way? As you are aware regarding the Brexit vote things will be up in the air about that in the future. As a non-EEA person, she doesn't have the right to free movement in the UK, and she will have to stay out of the UK while you file any paperwork for her.

For you, I can offer no real advice until you decide what it is you and your girlfriend would like to do, moving forward. Can you visit the US? Sure, absolutely. You could make one 80 day trip in the winter and then return perhaps for another trip next late summer or fall. My husband usually did two trips a year like that (and I usually followed him back to the UK for my own trips, so we managed to spend time together with a great deal of planning and saving). Others manage to make more frequent shorter stay trips. But unless you successfully manage to score a B2, anything long term or frequent won't be possible.

Then comes the marriage question, which really has to be decided as a couple. Whether you arrive on a K1 and then have to adjust, or arrive on a spousal and can work right away in the US - one thing is certain, green cards are for remaining in the US. So once you make that choice to settle here as an LPR, plan on remaining here until you gain your own US citizenship. Then you are free to enjoy both countries with dual citizenship. It's a big decision.