Seeking advice on B2 and K1 visa

[Enixxo 0]

Hello,

 

as most of you might know, it is really hard be to be in a long-distance relationship with your partner. So my girlfriend (29, US citizen) and I (30, German citizen) are trying to come up with a solution and seeking advice from you. Here is our situation:

 

I came to the US at the end of April in 2024 (first time in the US ever) to hike the Pacific Crest Trail (PCT). Since it takes between 4-6 months, I applied for a B2 visa. Which went pretty smoothly since work-wise I was able to go on a sabbatical for 6 months and would just return to Germany afterward. During the application interview the officer asked me about my previous attempts to score a Green Card through the Green-Card Lottery program. I answered honestly, and it did not seem to be a problem. So the interview took about 3-5 minutes (I think she knew about the PCT). Smooth sailing when entering the US in San Diego as well. The CBP Officer asked me about my plans (she did not seem to know the PCT), where I am going to stay, what my financial situation looks like and about my sabbatical. I explained everything, and again it took something like 3-5 minutes. No need to show any documents/proof.

 

Then 5 months of awesome hiking. But fast forward: During my last few weeks in the US, I met my girlfriend. We dated, spent a lot of time together, went on hikes, I met parts of her family and so on (this was in September). We talked about the situation and we're determined to make it work. So I went back to Germany and my work (mid October). I visited her again for a few days in November (no problems with CBP officer; I used my ESTA this time) and after that she visited me for 3 weeks (christmas with my family in Germany, NYE in London). It is February now and I'm about to visit her again for 17 days. Now to our idea:

 

1. We file for the K1 visa early March. 
2. Optional: We meet in Mexico for a short vacation in April.
3. I quit my job (since I cannot go on another sabbatical), keep my lease and visit her again in May – ideally for 4 months (on my B2 visa). Since I already have a new job lined up, starting in the beginning of September.
4. I go back to Germany to start my new job and we wait for K1 approval.
5. She visits me while we wait and if/when it gets approved (hopefully at the end of 2025), I quit my job again, move to the US, we marry and I file for Adjustment of Status.

 

Money is not a problem. Without going into specifics, I am able to live off my savings for at least 6 years without working. So I have no intention to work before I am legally allowed to. During the 4 months in the US and while I wait for my Employment Authorization Document, I would pursue hobbies (Ultra running, meeting friends from the PCT and go hiking in California, etc.) and maybe even do some courses that are career related (Sig Sixma, Project Management, etc.). I hope the money part helps to convince the CBP officers that I have no intent to work/immigrate illegally. But I could see why they might be suspicious, since I spent a long time in the US in 2024 when I was hiking. Do you think an ongoing lease, a signed job offer and enough savings is enough to show that I'll return to Germany?

 

We also thought about her moving to Germany, which is still a possibilty. But certain circumstances make it pretty hard (at least for now).

 

What are your thoughts? What´s the worst case scenario? I guess that CBP officers won´t let me in and I have to return to Germany until the K1 gets approved. Yeah, that would definitely suck. But on the other side, if it works out, my girlfriend and I would get to spend a lot of time together while we wait for approval. Looks like a high risk, high reward scenario to me.

 

Sorry for the long post. Any advice is appreciated!

 

[wildbug100420 167]

3 hours ago, Enixxo said:

Hello,

 

as most of you might know, it is really hard be to be in a long-distance relationship with your partner. So my girlfriend (29, US citizen) and I (30, German citizen) are trying to come up with a solution and seeking advice from you. Here is our situation:

 

I came to the US at the end of April in 2024 (first time in the US ever) to hike the Pacific Crest Trail (PCT). Since it takes between 4-6 months, I applied for a B2 visa. Which went pretty smoothly since work-wise I was able to go on a sabbatical for 6 months and would just return to Germany afterward. During the application interview the officer asked me about my previous attempts to score a Green Card through the Green-Card Lottery program. I answered honestly, and it did not seem to be a problem. So the interview took about 3-5 minutes (I think she knew about the PCT). Smooth sailing when entering the US in San Diego as well. The CBP Officer asked me about my plans (she did not seem to know the PCT), where I am going to stay, what my financial situation looks like and about my sabbatical. I explained everything, and again it took something like 3-5 minutes. No need to show any documents/proof.

 

Then 5 months of awesome hiking. But fast forward: During my last few weeks in the US, I met my girlfriend. We dated, spent a lot of time together, went on hikes, I met parts of her family and so on (this was in September). We talked about the situation and we're determined to make it work. So I went back to Germany and my work (mid October). I visited her again for a few days in November (no problems with CBP officer; I used my ESTA this time) and after that she visited me for 3 weeks (christmas with my family in Germany, NYE in London). It is February now and I'm about to visit her again for 17 days. Now to our idea:

 

1. We file for the K1 visa early March. 
2. Optional: We meet in Mexico for a short vacation in April.
3. I quit my job (since I cannot go on another sabbatical), keep my lease and visit her again in May – ideally for 4 months (on my B2 visa). Since I already have a new job lined up, starting in the beginning of September.
4. I go back to Germany to start my new job and we wait for K1 approval.
5. She visits me while we wait and if/when it gets approved (hopefully at the end of 2025), I quit my job again, move to the US, we marry and I file for Adjustment of Status.

 

Money is not a problem. Without going into specifics, I am able to live off my savings for at least 6 years without working. So I have no intention to work before I am legally allowed to. During the 4 months in the US and while I wait for my Employment Authorization Document, I would pursue hobbies (Ultra running, meeting friends from the PCT and go hiking in California, etc.) and maybe even do some courses that are career related (Sig Sixma, Project Management, etc.). I hope the money part helps to convince the CBP officers that I have no intent to work/immigrate illegally. But I could see why they might be suspicious, since I spent a long time in the US in 2024 when I was hiking. Do you think an ongoing lease, a signed job offer and enough savings is enough to show that I'll return to Germany?

 

We also thought about her moving to Germany, which is still a possibilty. But certain circumstances make it pretty hard (at least for now).

 

What are your thoughts? What´s the worst case scenario? I guess that CBP officers won´t let me in and I have to return to Germany until the K1 gets approved. Yeah, that would definitely suck. But on the other side, if it works out, my girlfriend and I would get to spend a lot of time together while we wait for approval. Looks like a high risk, high reward scenario to me.

 

Sorry for the long post. Any advice is appreciated!

 

I think you're getting too confident coming on a visit visa. Have your significant other visit you in Europe a few more times or meet in 3rd country before filing for k1 or cr1

[Boiler 46,131]

I assume B is 10 year multiple entry.

 

i would marry file I 130 and continue to visit, long trips may raise suspicion

[Rachel n Tyler 73]

Quitting your job is usually not recommended when you're filing for K1, they want to see that you still have ties back home etc. ESPECIALLY with a visitor visa. 

Edit: This all depends on when. If you file K1 while still at that job, then it might not matter if you do have another job at the interview.

Edited 8 hours ago by Rachel n Tyler

[FromTheHills 15]

Get engaged this next trip and for k-1 right away. And wait while doing smaller trips to visit each other. Reason I'm saying k-1 over the spousal visa is even the first part of the process is now 16 months and you will be able to be together sooner if you do this.

[Cathi 5,786]

38 minutes ago, FromTheHills said:

Get engaged this next trip and for k-1 right away. And wait while doing smaller trips to visit each other. Reason I'm saying k-1 over the spousal visa is even the first part of the process is now 16 months and you will be able to be together sooner if you do this.

Right now the K-1 and CR1 are following the same timeline-give or take a few weeks. By FAR the CR1 is the superior visa and costs less than half of what a K-1 costs. Not to mention the fact that with a Cr1 the person has a green card immediately upon entry to the US, they can work and travel immediately. With a K-1 , they must adjust status, wait for a long time for the ability to work and travel out of the country.

There isn't a person here who wouldn't agree that the CR1 is the superior visa at this time.

[SalishSea 18,148]

Quitting your job and coming for another extended visit isn’t a great idea….