Tourist Visa before marriage

[Boiler 46,103]

Bora da,

I would go for the Cohabitating B2, should not be a problem, you mention no reason why it should be.

That will give you 6 months usually and then you can extend for another 6 without having to leave an re enter.

[JFH 12,191]

Would the (potential) overstay on the VWP harm that application in any way? It's not clear if the OP has been in the US since August continuously or been back to the UK in between. So there is a possible overstay there.

[j-h-1989 0]

Bora da,

I would go for the Cohabitating B2, should not be a problem, you mention no reason why it should be.

That will give you 6 months usually and then you can extend for another 6 without having to leave an re enter.

Is this a separate thing to the B2 or is the application process the same? Maybe this is what the lawyer I had advice off meant. He is not the only person to tell me that it is a feasible option, as long as I do not work.

I have not been home since August as I reapplied for a new ESTA which restarted my 2 years and it has been 100% authorised, but 90 days from the start date I will need to leave.

[Transborderwife 4,666]

I'm not an expert but this doesn't sound right

[Mollie09 1,543]

Is this a separate thing to the B2 or is the application process the same? Maybe this is what the lawyer I had advice off meant. He is not the only person to tell me that it is a feasible option, as long as I do not work.

I have not been home since August as I reapplied for a new ESTA which restarted my 2 years and it has been 100% authorised, but 90 days from the start date I will need to leave.

That's not how it works, it's 90 days from the day you entered the US, so now you've overstayed.

[JFH 12,191]

Sounds like the lawyer was referring to the Cohabiting visa but didn't explain it very well to you?

But I'm afraid you have misunderstood your ESTA rules. When you entered in August your passport would have been stamped for 90 days. You have to leave after 90 days. You cannot just apply again and stay where you are. You should have gone home, reapplied and bought a new plane ticket to go back and asked to be let in again. You are now in the over-stay situation. Your ESTA was approved because it is no guarantee of entry into the United States. All it does is confirm that you are eligible to ask to stay for up to 90 days a time with no visa subject to you satisfying the conditions of not working, etc. The person who ultimately decides whether you are coming into the country or not is the CBP officer at the airport who stamps your passport. He has the right to refuse entry if he doesn't believe you are a genuine visitor - even if you have an ESTA.

I really don't know what to advise regarding an overstay. Perhaps it's best to go home asap? I dint know - I've never done it so I really don't know. I understand that you misunderstood and didn't intentionally overstay. But rules are rules.

[2far 185]

Is this a separate thing to the B2 or is the application process the same? Maybe this is what the lawyer I had advice off meant. He is not the only person to tell me that it is a feasible option, as long as I do not work.

I have not been home since August as I reapplied for a new ESTA which restarted my 2 years and it has been 100% authorised, but 90 days from the start date I will need to leave.

You came here asking for help. You've been asked a few times which visa your fiance is currently on because it makes a difference in your situation, but you haven't answered about that.

You cannot live in the USA on a VWP or B2 visa until you get married, regardless of how much money you have. If your fiance is on a work visa, he cannot apply for a fiance visa for you. Fiance visas are for US Citizens only. A Legal Permanent Resident can apply for a spouse, but the wait is longer for an LPR than for a US Citizen. you didn't answer the person that asked you if your fiance was a LPR.

I believe you are currently in violation of the VWP. The way I understand it, just because you received a new ESTA does not give you an extended 90 day stay in the USA. The VWP is for a 90 day visit to the USA and cannot be extended. Others will correct me if I'm wrong.

EDITED to remove comments about cohabitation visa. I had never heard of that one.

Edited December 11, 2015 by 2far

[Boiler 46,103]

Would the (potential) overstay on the VWP harm that application in any way? It's not clear if the OP has been in the US since August continuously or been back to the UK in between. So there is a possible overstay there.

I will have been here for 6 months by January, having renewed the ESTA once

ESTA not = VWP

Is this a separate thing to the B2 or is the application process the same? Maybe this is what the lawyer I had advice off meant. He is not the only person to tell me that it is a feasible option, as long as I do not work.

I have not been home since August as I reapplied for a new ESTA which restarted my 2 years and it has been 100% authorised, but 90 days from the start date I will need to leave.

90 days from when you entered you need to leave.

You now have no choice, no more VWP having overstayed.

Edited December 11, 2015 by Boiler

[JFH 12,191]

I actually think the cohabiting arrangement is very generous, given that it allows an unmarried partner of a non-citizen to stay for potentially a year. I hadn't heard of it before but it doesn't apply to me.

[MacUK 983]

Bora da,

English only in the upper forums, no heathen druidic tongue

OP, if you have been in the US since August then you have already overstayed your 90 day VWP allowance. It's time for you to go home.

As you've only overstayed by a month or so then you won't have any ban imposed. But time is of the essence, if you overstay more than 180 days then you will be banned for 3 years. If you overstay more than a year then the ban is for 10 years. So it would be in your best interests to go home as soon as you can. Your overstay began 90 days after you first entered the US.

As you have already overstayed then you can never use the VWP (or ESTA as you call it) again.

If you ever wish to visit the US again then you will have to apply for a B-2 visa from the embassy in London, and from personal experience let me say that they don't look too kindly on VWP violators.

[sia82 10]

it seems like she misunderstood the ESTA rules. the fiance isn't a citizen/green card holder, no way the situation is going to be fixed. i'd go home asap

[az2014 381]

http://www.visajourney.com/forums/topic/568010-changing-from-an-esta-to-a-more-permanent-visa/?p=7833878

In a previous topic OP was already advised to not overstay.

OP you made a big mistake, good luck getting it rectified, you will need it.

Edited December 11, 2015 by az2014

[Miki28 91]

http://www.visajourney.com/forums/topic/568010-changing-from-an-esta-to-a-more-permanent-visa/?p=7833878

In a previous topic OP was already advised to not overstay.

OP you made a big mistake, good luck getting it rectified, you will need it.

After reading this post and The other one, I personally don't know what to think. Because of people like this who violate the rules that are set by USCIS other people suffer. Oh well..

[JFH 12,191]

At first I had some sympathy because I thought the OP genuinely didn't realise they had overstayed. But now I'm not so sure in view of the other thread. And also I'm thinking the rules are quite clearly explained when you apply for the ESTA online and you have to tick that you have read and understood them so there really is no excuse. Millions of others are aware that your limit is 90 days and then you must leave. I don't know where the OP got the idea from that you can just tack on another 90 without leaving?

Edited December 12, 2015 by JFH

[Boiler 46,103]

I forgot I replied to the previous post.

Obviously the OP is educated and to think is confused is a step too far, find it hard to believe the Consulate will take a different view.

What they will do I have no idea, currently no ban but...