B2 Visa or wait till engaged for K1 visa?

[SarahM77 0]

Hello  

shortly to our situation. I’m from Germany and my boyfriend from the US. 

We’re together since August 2017 and I was twice in the US (1x 2 months, 1x 3 months). The second time I entered the US I had a few problems. TSA put me on the yellow line and I had to go to and office to answer some questions, because I spended recently more time in the US then in my own country, which isn’t allowed under Esta. 

 

So now my question is, which would be the best step to avoid problems. 

I’m flying home at the 7. of March and if I understood everything right I have to spend a least 6 months in Germany to come back to the USA with Esta. That’s a really long period.... so we thought i would be good to apply for a B2 Visa (i already filled everything out, just have to send it) to come earlier in the US again and to stay longer. 

Now I read a little bit more about the K1 Visa and I’m insure now. At the moment we aren’t engaged and we don’t wanna rush things. We planned this in around 1-1,5 years. 

But my concerns are, that when I apply in a shorter period of time for two visa, that they will have a problem with that. 

 

I appreciate all your help  

[little immigrant 801]

You can always try for B2 but I believe you can't do esta anymore after this. I might be wrong. How come you spent longer time in the States when it was only 2 months before the second visit before you had issues entering the second time? You can stay 90 days. I'm confused by your timeline. Also your boyfriend can visit you in Germany. If you're not ready to marry, K1 isn't for you. Leave the spot open for those who want to get married. 

[geowrian 22,338]

There's 2 major issues with the B-2 approach...

1. Refusal of a B-2 will very likely prevent you from getting an ESTA again (and your current one needs to be updated and would likely be denied as well).
2. Getting a B-2 visa doesn't change the reason you had trouble with CBP last time. If they thought you were spending too much time in the US, that won't change by getting a B-2 visa...the same requirement exists. So the only real benefit is possibly getting a longer duration of stay (which isn't guaranteed either, especially given your past visits).

All in all, it seems like a very small benefit and a considerable risk IMHO. But it's your call to make.

 

16 minutes ago, SarahM77 said:

I’m flying home at the 7. of March and if I understood everything right I have to spend a least 6 months in Germany to come back to the USA with Esta.

There is no fixed amount of time you need to be abroad, but a  rule of thumb is you should spend more time outside the US than in it...preferably twice as long IMO.

 

If you aren't engaged or planned to be right now, then don't go for a K-1 yet. Take it at your own pace.

 

Best wishes!

[SarahM77 0]

Hi  

no they don’t say I get problems to enter with Esta, I just have to wait a little bit. 

I know I can stay 90 days  I went 64 days for the first time and 86 days now  between does travels where 1,5 months. And that was the issue. 

He will vistit me in Germany, to the fact that he is in the military, it’s a little bit more complicated 😂

 

Yes that’s right about the K1😊 

[SarahM77 0]

7 minutes ago, geowrian said:

There's 2 major issues with the B-2 approach...

1. Refusal of a B-2 will very likely prevent you from getting an ESTA again (and your current one needs to be updated and would likely be denied as well).
2. Getting a B-2 visa doesn't change the reason you had trouble with CBP last time. If they thought you were spending too much time in the US, that won't change by getting a B-2 visa...the same requirement exists. So the only real benefit is possibly getting a longer duration of stay (which isn't guaranteed either, especially given your past visits).

 

They didn’t say my Esta is not available anymore, they just want to make sure my intentions are good and I’m coming in for the right reasons. 

My Esta status is still good! 

[geowrian 22,338]

5 minutes ago, SarahM77 said:

They didn’t say my Esta is not available anymore, they just want to make sure my intentions are good and I’m coming in for the right reasons. 

My Esta status is still good! 

I didn't imply otherwise. I'm saying if you were to apply for a B-2 visa and it gets refused, then your ESTA days would very likely be over....at least for the immediate future.

Edited March 4, 2018 by geowrian

[JFH 12,191]

You'll just have to deal with an extended time apart unless he can visit you. Already you have been very fortunate to be able to spend as much time together as you have - many of us have jobs that don't allow anyway near as much time off. 

 

We have all had to cope with long periods apart - it wont kill you. My husband and I spent the first two years of marriage living in separate countries and there are many who had to do the same. I can assure you I don't love my husband any less than you do your boyfriend and we survived. 

 

We see this here very often - couples who have only been together a short time and thinking they can't face being apart. That's how the first excitement and rush of a new love affects you. It'll pass and you'll realise you can cope. 

 

A B-2 is not the right answer for you. It's extremely difficult for VWP-eligible people to get and you clearly don't have strong ties to home if you can spend the best part of 5 months out of 8 outside your homeland. 

[SusieQQQ 11,587]

1 hour ago, SarahM77 said:

They didn’t say my Esta is not available anymore, they just want to make sure my intentions are good and I’m coming in for the right reasons. 

My Esta status is still good! 

So think about it like this:

US says to you, you need the be careful because you are spending too much time in the US (more than your own country)

you respond with... please give me a B2 visa so I can double the amount of time I am allowed to spend in the US ..?!

 

under the circumstances (if CBP spoke to you at the border there is a note against your passport that the embassy can access) I think it’s highly likely you’d be refused, also just the fact that you want to stay so long means ties to your own country are weak, they don’t check this for ESTA but it is critical to being granted a B visa and even without your past history might be enough by itself to suggest a denial

and then you have the problems that poses for being able to use ESTA again, as others have said

 

bottom line is long distance relationships aren’t easy and you need to face that your circumstances do mean you’ll have to spend periods of time apart before you can be together.

 

 

Edited March 4, 2018 by SusieQQQ

[az2014 381]

You won't be getting a B2 visa and rightly so.

 

Curious what job allows you to take a month off, then another 3 months off after a month and half?

[JFH 12,191]

46 minutes ago, az2014 said:

You won't be getting a B2 visa and rightly so.

 

Curious what job allows you to take a month off, then another 3 months off after a month and half?

That’s always my thought when I see such posts. I need that job! It’s obviously a well-paid one, aside from the extremely generous time-off allowance, if it can fund so much traveling as well as keeping the bills paid back home. 

[little immigrant 801]

4 hours ago, az2014 said:

Curious what job allows you to take a month off, then another 3 months off after a month and half?

The German government gives people money. You don't have to have a job 

Edited March 4, 2018 by little immigrant