Doing research and visiting my US partner on ESTA

[Happy_go_lucky 2]

Hello everyone!
I am currently writing my Master's thesis at a Germany university and have miraculously found a great case study in the US, in the city my US partner lives in. Therefore, I am planning on traveling to the US late April - early July (10 weeks, 72 days total) to 1. conduct research (qualitative interviews) and work on my thesis, and 2. to see my US partner of while doing that. I am enrolled at uni, have a part time job in Germany that let's me take time off for the 72 days visit due to overtime hours and vacation time, and have my own apartment in Germany. 
My partner and I have two invitations to family celebrations in October that we would both like to attend in the US. That would be a 2 weeks trip. After reading a lot about denied entries on ESTA in the news lately, I am very worried that I may get denied entry if I would travel to the US again in October after such an extended trip. I am enrolled at uni, have a part time job in Germany that let's me take time off for the 72 days visit due to overtime hours and vacation time, and have my own apartment in Germany. 
We are not planning on living in the US together, the long term plan is that he will migrate to Germany. 
Do you all think that I should shorten this upcoming trip to 8 weeks or less if I would like to visit again in October for 2 weeks?
Thank you very much in advance!!

My past travel history to the US:
- Was an exchange student during my Bachelor's degree several years ago
- Visited multiple times for 2-4 weeks before COVID
- Visited last year in June for 3 weeks

[SalishSea 18,310]

19 minutes ago, Happy_go_lucky said:

Hello everyone!
I am currently writing my Master's thesis at a Germany university and have miraculously found a great case study in the US, in the city my US partner lives in. Therefore, I am planning on traveling to the US late April - early July (10 weeks, 72 days total) to 1. conduct research (qualitative interviews) and work on my thesis, and 2. to see my US partner of while doing that. I am enrolled at uni, have a part time job in Germany that let's me take time off for the 72 days visit due to overtime hours and vacation time, and have my own apartment in Germany. 
My partner and I have two invitations to family celebrations in October that we would both like to attend in the US. That would be a 2 weeks trip. After reading a lot about denied entries on ESTA in the news lately, I am very worried that I may get denied entry if I would travel to the US again in October after such an extended trip. I am enrolled at uni, have a part time job in Germany that let's me take time off for the 72 days visit due to overtime hours and vacation time, and have my own apartment in Germany. 
We are not planning on living in the US together, the long term plan is that he will migrate to Germany. 
Do you all think that I should shorten this upcoming trip to 8 weeks or less if I would like to visit again in October for 2 weeks?
Thank you very much in advance!!

My past travel history to the US:
- Was an exchange student during my Bachelor's degree several years ago
- Visited multiple times for 2-4 weeks before COVID
- Visited last year in June for 3 weeks

Do the terms of the ESTA allow for those activities?  
 

You will want to make sure 100% sure that academic research and interviews are permitted, especially in light of recent high-profile incidents of ESTA being revoked due to violation of terms.  

[Rocio0010 5,689]

20 minutes ago, Happy_go_lucky said:

in the city my US partner lives in

Yeah that's too much coincidence, isn't it.

 

20 minutes ago, Happy_go_lucky said:

1. conduct research (qualitative interviews) and work on my thesis,

You can't work while you're on ESTA.

 

23 minutes ago, Happy_go_lucky said:

late April - early July (10 weeks, 72 days tota

How do you know that they are going to allow you for such a long time?

[Happy_go_lucky 2]

Yes, as far as I can tell, independent research is allowed with ESTA. I am not enrolled at a US university and won't be attending classes/seminars there, I am not getting paid. I have thought about applying for a different visa - but the only other one would be the B1/B2 tourist visa which would be essentially the same like ESTA in this regard. However, if anyone has further inside into this matter, it is highly appreciated!

[Happy_go_lucky 2]

Hm, in my field of study, there are not many of these particular case studies out there, so yes, it was a coincidence and I would not have looked in the city my partner lived in if he would not live there. Of course I don't know that CBP WILL allow me into the country for such a long time. I am planning on bringing proof of my studies in Germany, my part time job with a letter from my job, my apartment lease etc. I am fully aware that I don't have any rights with ESTA. And no, I am not working on ESTA, that would be a paid job. I have done some research online and as far as I can tell, independent research is okay under ESTA. Also US universities recommend it for independent research of foreign students. However, if anyone here has done a similar thing and has further insight, I highly appreciate it  

[Dashinka 25,087]

13 minutes ago, Rocio0010 said:

How do you know that they are going to allow you for such a long time?

ESTA/VWP is automatic 90 days.

 

To the OP as others have stated, the big question would be related to if doing research as you said would be considered work.  I expect there are a lot of resources in the academic community that can answer that question.  The other issue would be returning soon after an almost maximum visit.  You may want to take a miss on that trip.

 

Good Luck!

[Happy_go_lucky 2]

3 minutes ago, Dashinka said:

ESTA/VWP is automatic 90 days.

 

To the OP as others have stated, the big question would be related to if doing research as you said would be considered work.  I expect there are a lot of resources in the academic community that can answer that question.  The other issue would be returning soon after an almost maximum visit.  You may want to take a miss on that trip.

 

Good Luck!

Yes, that was what I figured. I am 90% certain that conducting independent, unpaid research is allowed under ESTA, but I will do more research about that. Yes, my main concern is the length of my trip. I considered shortening it to 4-8 weeks in the hopes that I catch all the interviews I want to do during that time, and/or missing the trip in October. Does anyone here have experience regarding re-entering the US under ESTA after such a long trip? I read that the "rule of thumb" is 1-2 days out for every day in? 

[Dashinka 25,087]

7 minutes ago, Happy_go_lucky said:

Yes, that was what I figured. I am 90% certain that conducting independent, unpaid research is allowed under ESTA, but I will do more research about that. Yes, my main concern is the length of my trip. I considered shortening it to 4-8 weeks in the hopes that I catch all the interviews I want to do during that time, and/or missing the trip in October. Does anyone here have experience regarding re-entering the US under ESTA after such a long trip? I read that the "rule of thumb" is 1-2 days out for every day in? 

That is the general rule of thumb, but not official rule.

 

As to your research, I agree, this is most likely not considered work, just make certain.

 

Good Luck!

[Happy_go_lucky 2]

If anyone reads this thread that may be in a similar situation: I just got confirmation from the US embassy in Germany that a "research trip" that is not paid by an US institution is fine to do with ESTA. They recommended that I bring proof of my German university regarding the purpose of my trip, it should be fine.

[Scandi 4,230]

You have the exact same chances of being let into the US now as you did in March of last year. The reason you hear about denials in media now is because it wasn't news worthy until January 20, even if it happened at the exact same rate. Nothing has changed for you, it's all still the same. 

[Ontarkie 14,685]

Put it in different words. You're doing a school project/paper and wanted to ask questions to some ppl who fit the project topic. 

[Happy_go_lucky 2]

1 hour ago, Scandi said:

You have the exact same chances of being let into the US now as you did in March of last year. The reason you hear about denials in media now is because it wasn't news worthy until January 20, even if it happened at the exact same rate. Nothing has changed for you, it's all still the same. 

That's a good point and I agree with your observation. I think I am primarily nervous since this will be my first time I am going there for a school project for several weeks, aka not my usual 2-4 weeks holiday trip, plus the possible trip in October which I am still unsure of.

 

 

16 minutes ago, Ontarkie said:

Put it in different words. You're doing a school project/paper and wanted to ask questions to some ppl who fit the project topic. 

Yes, thank you! After doing further research, I found that "independent research" can be misleading.

[WeekendPizzaiolo 47]

As others have mentioned, Independent Research is listed as a valid purpose for an ESTA according to the Department of State [1], it must be "Independent research, no salary/income from a US based source, or benefit to US institution." I would interpret the last part broadly that you would not be able to collaborate nor have any US co-authors on papers that result from the research. If you wanted to engage in collaboration, you would need to consider a J-1 visa, but they are typically longer than 72 days, and you could not be outside the US for longer than 30 days during the J-1 program without invalidating the visa, and you would be subject to the two-year rule upon the J-1 program's conclusion [2]. Given that the US is not in your long term plans, the last part probably isn't an issue for you.

 

[1] https://travel.state.gov/content/dam/visas/BusinessVisa.pdf

[2] https://www.uscis.gov/policy-manual/volume-2-part-d-chapter-3