Traveling with no intention to immigrate

[DrivewayCali 1]

Hi out there!!, I have some questions I'm hoping someone can help me answer.  I am a US citizen getting married to a German Citizen this September in Germany.  We want to travel back to the USA a few days after the wedding (as my 90 day Schengen visa  will be up).  I am wondering which visa my then wife will need to have.  She has been coming to the USA for the past few years to visit me for months at a time on the VWP.  She's never stayed for more the 90 days at a time.  She has no intention of immigrating to the US at this time, we are planning on moving to Germany, after we do some traveling.  I'm not sure which visa she needs to apply for.  The K3 visa doesn't seem to make sense because we will already be married.  Applying for an immigration visa also doesn’t make sense as she doesn’t have intention of immigrating.  Can she still enter on the VWP after we are married?  Any guidance would be much appreciated. 

[SalishSea 16,776]

6 minutes ago, DrivewayCali said:

Hi out there!!, I have some questions I'm hoping someone can help me answer.  I am a US citizen getting married to a German Citizen this September in Germany.  We want to travel back to the USA a few days after the wedding (as my 90 day Schengen visa  will be up).  I am wondering which visa my then wife will need to have.  She has been coming to the USA for the past few years to visit me for months at a time on the VWP.  She's never stayed for more the 90 days at a time.  She has no intention of immigrating to the US at this time, we are planning on moving to Germany, after we do some traveling.  I'm not sure which visa she needs to apply for.  The K3 visa doesn't seem to make sense because we will already be married.  Applying for an immigration visa also doesn’t make sense as she doesn’t have intention of immigrating.  Can she still enter on the VWP after we are married?  Any guidance would be much appreciated. 

Right, if she does not plan to immigrate to the US, there is no need for an immigrant visa.

 

She can still request admission at US POEs using her ESTA.  Admission is always discretionary.  She should be prepared to show ties to Germany.

[DrivewayCali 1]

Thanks for the response!  If we want to travel longer than 90 days within the US what options would we have?  or is 90 days still our limit?  

[SalishSea 16,776]

9 minutes ago, DrivewayCali said:

Thanks for the response!  If we want to travel longer than 90 days within the US what options would we have?  or is 90 days still our limit?  

90 days is the limit.  She can certainly try for a B visa, but expect scrutiny for immigrant intent.

[DrivewayCali 1]

we plan to be going back and forth for a while, as we get all of our jobs and housing situated. We also plan to do quite a bit of traveling.  How long would she be able to stay on a B visa?  thanks very much for the information.  I've been searching for hours reading articles.  

[Boiler 43,451]

Do not be greedy, use the VWP.  A B refusal would seriously complicate matters.

[SalishSea 16,776]

1 minute ago, DrivewayCali said:

we plan to be going back and forth for a while, as we get all of our jobs and housing situated. We also plan to do quite a bit of traveling.  How long would she be able to stay on a B visa?  thanks very much for the information.  I've been searching for hours reading articles.  

B visa visit length is given at POE.  My husband (then fiancé) usually got 6 months at a time, although he was only ever here for about two months at the longest.

 

Btw, we did not experience this, but many here will warn against a VWP-eligible traveller applying for a B visa. If denied, they will not be able to travel on the VWP subsequently.

[DrivewayCali 1]

I don't foresee any reason she would be denied the B visa.  The situation is that I have to tie up a lot of loose ends before I can move to Germany.  I have house, job etc...   

[Boiler 43,451]

6 minutes ago, Jorgedig said:

B visa visit length is given at POE.  My husband (then fiancé) usually got 6 months at a time, although he was only ever here for about two months at the longest.

 

Btw, we did not experience this, but many here will warn against a VWP-eligible traveller applying for a B visa. If denied, they will not be able to travel on the VWP subsequently.

A refused B leads to the need to update ESTA which may then result in a refusal, usually temporary.

2 minutes ago, DrivewayCali said:

I don't foresee any reason she would be denied the B visa.  The situation is that I have to tie up a lot of loose ends before I can move to Germany.  I have house, job etc...   

It is the other way around, why would she be approved.

[SalishSea 16,776]

Just now, Boiler said:

A refused B leads to the need to update ESTA which may then result in a refusal, usually temporary.

Makes sense.  If a B is refused due to suspected immigrant intent, that same intent should be applied to ESTA privilege.

[SalishSea 16,776]

4 minutes ago, DrivewayCali said:

I don't foresee any reason she would be denied the B visa.  The situation is that I have to tie up a lot of loose ends before I can move to Germany.  I have house, job etc...   

Reasons for denial would be related exclusively to her ties to home, not to your ties abroad. COs are by law required to evaluate B applicants for immigrant intent, as many people abuse B/VWP and adjust status, thereby circumventing the queue for an immigrant visa.

[DrivewayCali 1]

If it makes more sense to just apply for an immigration visa maybe that is what we should do?  Were not trying to get circumvent any laws.  We see ourselves splitting a lot of our time between the US and Germany and are trying to figure out how to best set ourselves up.  maybe its best for her to apply for immigration if that makes the most sense?  Would she need to do that in Germany?  Would she then be required to take residence in the US or would she be then free to travel as needed?  

 

For a married couple that foresees splitting a lot of their foreseeable future, what visa makes the most sense?  

[Boiler 43,451]

1 minute ago, DrivewayCali said:

For a married couple that foresees splitting a lot of their foreseeable future, what visa makes the most sense?  

None

[SalishSea 16,776]

1 minute ago, DrivewayCali said:

If it makes more sense to just apply for an immigration visa maybe that is what we should do?  Were not trying to get circumvent any laws.  We see ourselves splitting a lot of our time between the US and Germany and are trying to figure out how to best set ourselves up.  maybe its best for her to apply for immigration if that makes the most sense?  Would she need to do that in Germany?  Would she then be required to take residence in the US or would she be then free to travel as needed?  

 

For a married couple that foresees splitting a lot of their foreseeable future, what visa makes the most sense?  

Unless you intend to return to the US (become domiciled), and will have a US source of income, you will not be able to petition her for an immigrant visa.  Immigrant visas are for people who want to live in the US, not to travel back and forth.

 

I think sticking to the VWP is your best bet.  Keep in mind that overdoing it on either an ESTA or B visa can result in CBP refusing admission.  Those are both intended for visits only, and spending "too much" time in the US is frowned upon.

[SalishSea 16,776]

Seems like the travel freedom you seek for her would only result from her eventually becoming a USC.