So here's my very high level plan

[Boiler 45,672]

Just now, fip & jim said:

Who is 44 and who is 33? 

 

Baby due in August, yeah you are entitled to freak out. That's what? Potentially 6 weeks away. How many days on the ESTA do you have left? 

ESTA is 90 days.

[fip & jim 452]

No judgement here, by the way. Stuff happens.

[fip & jim 452]

1 minute ago, Boiler said:

ESTA is 90 days.

Yes, I know that. Thank you.

[fip & jim 452]

5 minutes ago, Boiler said:

ESTA is 90 days.

You do realise that I don't need to be educated about the intricacies of the ESTA & K1 v& K2 visa process?

If you are directing that at the OP then be specific. I'm not in the mood for being talked down to. 

[mushroomspore 3,044]

17 minutes ago, StuBro74 said:

44 and 33. I'm playing it down at the moment to keep the stress at bay. Baby due in August so pretty easy to freak out. She has a lot of support and will enjoy het mat leave. Not too mych I can do about the situation. Thanks for your thoughtfulness 

Totally understandable to be stressed out. Have you considered the spousal (CR1) visa process at all? Once approved in about a year (maybe a tad bit more), you can immediately work upon your arrival in the US. You're given a green card once you arrive. You're also allowed to visit during the process but I think you'd run into the same issues. I don't know much about ESTA/VWP but I don't think they will allow you to use those once you have any immigrant visa in process. Same thing with the tourist visa; it'll be hard to get because you're proving immigrant intent with both K1 and CR1.

 

Really, the "best case scenario" I can think of is visiting the US for your child's birth and then filing your immigrant visa afterwards. 

[StuBro74 6]

19 minutes ago, fip & jim said:

Who is 44 and who is 33? 

 

Baby due in August, yeah you are entitled to freak out. That's what? Potentially 6 weeks away. How many days on the ESTA do you have left? 

I'm 44. I think I may already be over. I'm piecing together all of the flights and days but essentially a week every month since June 2017. I read that entry over the 90 days is dependent on the agent at border control. I do get questioned a lot but my history of in and out might be positive rather than long stays

[geowrian 22,337]

Just now, StuBro74 said:

I'm 44. I think I may already be over. I'm piecing together all of the flights and days but essentially a week every month since June 2017. I read that entry over the 90 days is dependent on the agent at border control. I do get questioned a lot but my history of in and out might be positive rather than long stays

VWP (ESTA-based) is 90 days. This is in a single stay, although visiting too often is a reason for refusal on its own. A general rule of thumb is to spend at least as much time outside the US as in it, with twice as much being better.

[fip & jim 452]

4 minutes ago, StuBro74 said:

I'm 44. I think I may already be over. I'm piecing together all of the flights and days but essentially a week every month since June 2017. I read that entry over the 90 days is dependent on the agent at border control. I do get questioned a lot but my history of in and out might be positive rather than long stays

You're no spring chicken. You got your American girlfriend knocked up and now you're freaking out. You did the deed and those are the consequences. You don't get a free pass. Join the queue. That's how it is. 

[Roel 7,192]

You cannot stay over 90 days on esta. Even 1 day overstay will result in ESTA privilege being taken away pernamently. 

 

 

[Jojo92122 1,924]

1 hour ago, fip & jim said:

Who is 44 and who is 33? 

 

Baby due in August, yeah you are entitled to freak out. That's what? Potentially 6 weeks away. How many days on the ESTA do you have left? 

I'm gonna go with StuBro74 being the one that's 44.  1974 + 44 = 2018

[fip & jim 452]

3 minutes ago, Jojo92122 said:

I'm gonna go with StuBro74 being the one that's 44.  1974 + 44 = 2018

I don't like to presume

[Jojo92122 1,924]

1 hour ago, StuBro74 said:

I'm 44. I think I may already be over. I'm piecing together all of the flights and days but essentially a week every month since June 2017. I read that entry over the 90 days is dependent on the agent at border control. I do get questioned a lot but my history of in and out might be positive rather than long stays

Keeping your trips short is why you haven't been denied entry for visiting too much.

 

At this point, minimizing the time that you can not work is key.  Now that you understand the restrictions on K1 visa holders, you need to focus on what actions are possible that are not described in the instructions.  

 

What do you do for a living and what kind of work do you want to do in the US?  Start looking for jobs before you enter on the K1.  (DO NOT LOOK FOR JOBS WHILE YOU ARE ENTERING ON ESTA/VWP.  YOU DON'T WANT THEM TO SEARCH YOUR PHONE AND FIND OUT YOU ARE LOOKING FOR WORK AND ENTERING ON THE VWP.  BE CAREFUL.)  You can request an expedite of the EAD after you file for AOS if you have a written job offer.  Focus on this.  

Edited June 25, 2018 by Jojo92122

[Jojo92122 1,924]

1 hour ago, StuBro74 said:

I'm 44. I think I may already be over. I'm piecing together all of the flights and days but essentially a week every month since June 2017. I read that entry over the 90 days is dependent on the agent at border control. I do get questioned a lot but my history of in and out might be positive rather than long stays

You are misunderstanding the VWP rules.

 

Each visit is limited to 90 days on the VWP.   It seems you think that it's 90 days total over a period of time.

 

CBP has no authority to allow a VWP participant an entry over 90 days.  Border agents do not have the discretion to allow an entry over 90 days.

 

As another poster has told you, a single second into the new day over the 90 days allowed under the VWP will cause you to lose your VWP privileges.  

Edited June 25, 2018 by Jojo92122

[StuBro74 6]

10 minutes ago, Jojo92122 said:

You are misunderstanding the VWP rules.

 

Each visit is limited to 90 days on the VWP.   It seems you think that it's 90 days total over a period of time.

 

CBP has no authority to allow a VWP participant an entry over 90 days.  Border agents do not have the discretion to allow an entry over 90 days.

 

As another poster has told you, a single second into the new day over the 90 days allowed under the VWP will cause you to lose your VWP privileges.  

It's 90 days total over 2 years

[Jojo92122 1,924]

4 minutes ago, StuBro74 said:

It's 90 days total over 2 years

No, it's not.  There's no such rule.