Best way to visit US with spouse for about 6 months?

[GrayRabbit 0]

I'm a US citizen married to a Japanese citizen and we live in Japan. We would like to spend about 6 months in the US, mostly visiting my family. Is a 6 month B-2 via a possible option in this case? I've read that it is very difficult to prove that you intend to leave the US. Is a proper spouse visa the only real way to do this plan? Or is it possible the change to a spouse visa at a later date from inside the US if we enter on the visa waiver program? We're not really planning on living there and we don't really want to have to wait for up to a year, so a spouse visa would be somewhat of a hassle. What would be the best way to do this? Thanks in advance.

Edited May 29, 2016 by GrayRabbit

[alicia98981 128]

I think you should not risk the chance of a denial and a losing the visa waiver. Perhaps visit for 3 months, go on a mini vacation out of the country, and return for another 3 months. It's not ideal given that your return could be denied, but it's a loop hole that allows you get the 6 months plus the maximum visit time of six month out of a year on the visa waiver that a Visa Waiver passport holder is a allotted per year.

[mallafri76 1,012]

Or is it possible the change to a spouse visa at a later date from inside the US if we enter on the visa waiver program?.

That right there is exactly why it's so difficult for spouses of USCs to get a tourist visa and why they sometimes get denied entry under the VWP, too many spouses enter under the VWP or a tourist visa and then adjust status, which is illegal (if intended) but still allowed. One of those weird things that make no sense.

Spouse visa is for moving to the US, VWP or tourist visa is for visiting, so are you planning to visit for six months or are you planning to visit to check things out and then move to the US? That determines what kind of visa you need.

[NikLR 13,227]

You cant just leave the USA to reset your VWP. You have to return home. B2 visas are hard to get to begin with but extremely hard for USC spouses even those from VWP countries. To be honest your best bet is to spend the 90 days at most, return home, and come back later after a few months for the other 90 days. Dont lose the VWP priviledge or else visiting the USA will be even harder than it is now.

[aaron2020 11,651]

You cant just leave the USA to reset your VWP. You have to return home. B2 visas are hard to get to begin with but extremely hard for USC spouses even those from VWP countries. To be honest your best bet is to spend the 90 days at most, return home, and come back later after a few months for the other 90 days. Dont lose the VWP priviledge or else visiting the USA will be even harder than it is now.

The VWP visitor does not "have to return home." You can just leave the USA to reset your VWP. The only exception is going to Canada, Mexico or a Caribbean country which would not reset the maximum 90 days.

Edited May 30, 2016 by aaron2020

[aaron2020 11,651]

I'm a US citizen married to a Japanese citizen and we live in Japan. We would like to spend about 6 months in the US, mostly visiting my family. Is a 6 month B-2 via a possible option in this case? I've read that it is very difficult to prove that you intend to leave the US. Is a proper spouse visa the only real way to do this plan? Or is it possible the change to a spouse visa at a later date from inside the US if we enter on the visa waiver program? We're not really planning on living there and we don't really want to have to wait for up to a year, so a spouse visa would be somewhat of a hassle. What would be the best way to do this? Thanks in advance.

Yes, it's possible. However, it's not easy. If the B2 visa is denied, your spouse would also lose his/her Visa Waiver Program privileges.

Your spouse can not switch to a spousal visa after entry on the VWP. Visas are only for entering the US and a person in the US can not be issued a visa. Your spouse could stay and adjust status which would give your spouse a green card.

The best way to do this is to use the VWP and limit your spouse's visit to 90 days. This avoids the hassle of getting a visitor visa and risk losing the VWP privileges.

[NikLR 13,227]

The VWP visitor does not "have to return home." You can just leave the USA to reset your VWP. The only exception is going to Canada, Mexico or a Caribbean country which would not reset the maximum 90 days.

Okay I understand the exception now. Basically you can't go anywhere in North America to reset your VWP. It may also not be a good idea to leave and reenter for another 90 days. You may be denied entry if a CBP officer decides you're abusing the VWP or don't plan on actually leaving again.

[aaron2020 11,651]

Back to back visits are never easy regardless of entering on the VWP or having a visitor visa.