Staying in the US for 6 months. B2? VWP?

[ShaLie 0]

Hello everyone,

I am a bit at loss so I'm hoping you will be able to help me.

My boyfriend and me are considering our options for me to stay with him in the US for a while without applying for a K1 Fiancee Visa. We want to make sure we work together full time before doing so.

Financially it isn't an issue for me to not be working for 6 months or a little longer.

I am from a european country and so we were wondering what the best option is? Travelling to the states under the Visa Waiver Programm, flying back home after the 90 days and returning? But I can't find out how long I would have to stay out of the US to re-enter under the VWP?

Or applying for a B2 Tourist Visa? And If I do this, how can I prove my ties? I won't have a job to go back to but I'll still be a student. I'll still have my flat as well. And my dog. Any advice?

My next question would be whether or not it is possible to apply for a K1 Fiancee Visa while in the states on a tourist Visa? In case we do decide to go ahead and get serious?

Thank you for your help!

[Boiler 45,966]

I was also concerned about the dog, mine has a wobbly if I am gone for a day.

[ShaLie 0]

@RhettVoe: I am very sorry if you can't imagine that some people have the resources and the time to spend 6 months abroad just for the fun of it.

As for the University: yes we can apply for breaks out of a variety of reasons.

Your answer isn't helpful one bit.

It does make me wonder though why a tourist Visa would be issued for 6 months or even longer if no one is capable of financing it anyway...

@Boiler: My dog has 3 people he is very close to. He will have no issues. But thank you for worrying about him.

[Hypnos 6,578]

As you stated, VWP trips are limited to 90 days per visit and cannot be extended under any circumstances. You would be unlikely to be granted another 90 days if you entered for 90 days, left for a couple of weeks, then returned. In that situation you may be outright denied entry, or they may give you a much shorter amount of time, perhaps 30 - 60 days, instead of the full 90.

In general terms you should aim to spend at least six months out of a year outside of the US.

You could apply for a B-2 and, if successful, try to get six months in a single stay, but that might be a tough sell (to obtain the B-2 in the first place), and if denied you would have to declare that denial on your ESTA application, which could lead to denial of that also, especially if all of these events took place in a relatively short space of time.

You can apply for a K-1 at any point you wish, inside the US or outside, provided you are eligible for it on the day you file. In short, you must both be free to marry, and have met at least once face-to-face within the previous two years, and be able to prove that.

Edited July 6, 2014 by Hypnos

[Boiler 45,966]

VWP is 90 days or nothing

[JohnR! 5,495]

Hi.. It seems some are more interested in their own opinions that in the merit of your question.

The situation you have at hand is that trying to do a VWP back-to-back may not work and you may end up losing the privilege. If you apply for a tourist visa IMHO you will be denied becuase although you are trying not to do the wrong thing, if may come across that way to the IO. It is kind of catch-22.

My suggesttion is that you try and come over on your VWP and staty the 90 days you're allowed and persuade your boyfriend to fly home with you and you can spend another 90 days or longer there. If you're trying to find out whether your relationship has a chance, IMHO that would help you see how he is in his day-to-day routine, and it would also give him a chance to see you you operate daily. I believe there is a lot to be gained by that experience.

If it turns out he can't leave the US for that long, my suggestion is that you find a six-month course of study in the US along the lines of study you're taking at home and apply for a student visa. Not only this would be a justifiable reason for you to be here for that long, but also it would be a productive way for you to spend your time. With a tourist visa you won't be able to work or study which means you're pretty much confined to staying a home all day. If you find a course to take while you're here you can put your time to good use. Also consider that if a couple of months into your stay you were to find out your relationship is not going anywhere you won't have wasted your time. You can continue your studies here and return home to continue your education. IMHO both suggestions would be win-win for everyone.

Good luck whatever your course of action.

Hello everyone,

I am a bit at loss so I'm hoping you will be able to help me.

My boyfriend and me are considering our options for me to stay with him in the US for a while without applying for a K1 Fiancee Visa. We want to make sure we work together full time before doing so.

Financially it isn't an issue for me to not be working for 6 months or a little longer.

I am from a european country and so we were wondering what the best option is? Travelling to the states under the Visa Waiver Programm, flying back home after the 90 days and returning? But I can't find out how long I would have to stay out of the US to re-enter under the VWP?

Or applying for a B2 Tourist Visa? And If I do this, how can I prove my ties? I won't have a job to go back to but I'll still be a student. I'll still have my flat as well. And my dog. Any advice?

My next question would be whether or not it is possible to apply for a K1 Fiancee Visa while in the states on a tourist Visa? In case we do decide to go ahead and get serious?

Thank you for your help!

[ShaLie 0]

@JohnR: Thank you for your answer. It is a very good point you are making. Definitely something I will look into.

Do you know if it has to be university courses? I am at a graduate level and I wonder if that wouldn't be too much for my budget.

@Hypnos: Do I understand right that we could apply for the K1 even if I as was in the US under the VWP? It says there is no change of status so I am aware that I would have to go home first but could we start the application process?

[Boiler 45,966]

You are not changing status, that is another story anyway.

Your BF can file anytime, does not matter where you are.

[JohnR! 5,495]

@JohnR: Thank you for your answer. It is a very good point you are making. Definitely something I will look into.

Do you know if it has to be university courses? I am at a graduate level and I wonder if that wouldn't be too much for my budget.

@Hypnos: Do I understand right that we could apply for the K1 even if I as was in the US under the VWP? It says there is no change of status so I am aware that I would have to go home first but could we start the application process?

For a student visa it doesn't have to be anything at U level. There are several schools that issue I-20s for foreign students. Just make sure that you check the school's credentials to make sure if you go that route the institution is legit.

Your bf can start the K-1 application even if you're in the US. The application takes time to be processed and the visa itself can only be granted overseas, so at some point you would have to go back home to do your medical exams, be interviewed at the US consulate and complete the paperwork before being able to return to the US to marry and establish residence.

[ShaLie 0]

Yes I was aware that I would have to go back as the Visa is only granted abroad.

I really like your advice on the educational route. We will have to look into that.

One last question: if we do decide to take the K1 Route, can I still go and visit under the VWP while we wait? I guess I should peep into the other forum to check that out.

Thanks for your help.

[JohnR! 5,495]

If you decide to get married and go the K-1 route you can visit while the process is underway. The K-1 however should not take longer than 6-9 moths, which means the wait is not all that long.

In regards to the student visa, you would need to find an accredited school in the US and find a course you could take. If you are interested, I would start by checking universities here for many do offer short term courses. Not necessarily free but not bank breaking either. Once you find a course you would need to enroll and obtain a I-20 from the school, with which you would start the application process at home. You will need to prove you posses the financial means to pay for the course and support yourself while in the US.

Yes I was aware that I would have to go back as the Visa is only granted abroad.

I really like your advice on the educational route. We will have to look into that.

One last question: if we do decide to take the K1 Route, can I still go and visit under the VWP while we wait? I guess I should peep into the other forum to check that out.

Thanks for your help.

[Kathryn41 3,205]

A number of posts violating the Terms of Service have been removed and administrative action taken.

-VJ Moderation

Edited July 6, 2014 by Kathryn41

[daviddelen 34]

and so, the real story unfolds.....the OP can indeed abandon her 'studies' and pet, and appears to be trying to find a way to circumvent the K1 process and wait times....

What a judgmental statement. If she wants to spend money in a America while making a decision to marry her boyfriend why not? It hurts nobody and boosts the economy. Also, how is what she is doing circumventing the K1 process and wait times?

Edited July 6, 2014 by daviddelen

[ShaLie 0]

@Daviddelen: I really think there is no point in answering any of Rhettvoes comments. I think it is always best to ignore pointless and ignorent comments on forums. Too much waste of energy.

@JohnR: Thank you again. I am already looking at classes.

[lucybelle 453]

I don't have any advice, but I do want to say my husband spent a little under six months in the USA with me on his B1/B2 visa for the exact same reasons (I then moved to his country where we have been living together for three years, just got approved). We wanted to make sure our relationship would work out, and I don't see anything wrong with that. Especially seeing all the divorce threads on this forum. Getting engaged/married is a big step and I think it's great that this couple is thinking before jumping.

Best wishes!