Doing research and visiting my US partner on ESTA

[Happy_go_lucky 9]

6 hours ago, WeekendPizzaiolo said:

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

 

 

 

Thank you for the resources! Exactly, there are a lot of PhD candidates out there who are getting paid for their research by either their or an US institution AND collaborate with the US institution - in that case you would need a J1 visa

[carmel34 3,678]

2 hours ago, Happy_go_lucky said:

Doing interviews for a school project that is unpaid is not considered work in this case. I have confirmed it with the US embassy.

CBP will make the decision, not Dept. of State, when you attempt to enter the US with the ESTA.  CBP have tightened up lately, depending on the point of entry and the person, so be prepared for questions such as: 1) why can't you do the case study interviews remotely via video call from Germany, and 2) do you intend to overstay, marry your US partner, and apply for a green card via adjustment of status?   

[Happy_go_lucky 9]

14 minutes ago, carmel34 said:

CBP will make the decision, not Dept. of State, when you attempt to enter the US with the ESTA.  CBP have tightened up lately, depending on the point of entry and the person, so be prepared for questions such as: 1) why can't you do the case study interviews remotely via video call from Germany, and 2) do you intend to overstay, marry your US partner, and apply for a green card via adjustment of status?   

Thank you for your reply! Yes, I am aware that CBP will make the decision at the POE. 

Actually, I am getting so discouraged by this thread overall. I have been very excited to meet the people of the case study in person - and not via Zoom only - as this is one of the prominent projects in my research field and it would have been a fantastic opportunity to interview them in person, be there in person. Yes, it was a miraculous coincidence that my boyfriend lives in the same city and I thought, "wow, so cool, maybe I can stay with him/spend time with him during that time, too". But, after reading all your messages and replies, that was naive thinking and maybe I should not attempt to go to the US overall. 

And NO I have zero interest in staying in the US. We have thought about him petitioning me for an immigrant visa but that won't be possible due to his past criminal history (or very, very hard), so we have decided to move to Germany and are actively working on that. I just got another email response from the city hall in Germany regarding the wedding in Germany and for him to stay here. He has been learning German, he has ben having contact with the German embassy in the US, he already made sure his degrees are transferrable. I can also provide proof of all of that. I also have to return to defend my thesis, I have a job in Germany, an apartment - no way I could just leave all of that. 

However, I think a shorter visit for 2-4 weeks should be okay, or not?! I definitely don't want to risk my ESTA as there will be future family/friends visits to the US.

Edited March 19 by Happy_go_lucky

[Boiler 46,531]

Are you sure his criminal history would not make him inadmissible to Germany?

[Happy_go_lucky 9]

5 minutes ago, Boiler said:

Are you sure his criminal history would not make him inadmissible to Germany?

Yes. 

[WeekendPizzaiolo 53]

15 hours ago, Happy_go_lucky said:

Thank you for the resources! Exactly, there are a lot of PhD candidates out there who are getting paid for their research by either their or an US institution AND collaborate with the US institution - in that case you would need a J1 visa

 

You don't necessarily need sponsorship from a university. Even small organizations and companies can sponsor a J-1 visa through a Department of State-approved organization, such as the American Immigration Council (AIC). I have used AIC in the past to sponsor interns. AIC provides the required health insurance for a fee. The visa process through them was straightforward.

 

1. https://www.americanimmigrationcouncil.org/exchange-visitor.

2. https://exchange.americanimmigrationcouncil.org/exchange-visitor/research-scholar

 

 

Edited March 20 by WeekendPizzaiolo

[WeekendPizzaiolo 53]

13 hours ago, Happy_go_lucky said:

Actually, I am getting so discouraged by this thread overall. I have been very excited to meet the people of the case study in person - and not via Zoom only - as this is one of the prominent projects in my research field and it would have been a fantastic opportunity to interview them in person, be there in person. Yes, it was a miraculous coincidence that my boyfriend lives in the same city and I thought, "wow, so cool, maybe I can stay with him/spend time with him during that time, too". But, after reading all your messages and replies, that was naive thinking and maybe I should not attempt to go to the US overall. 

 

I think it goes both ways. As a recovering academic myself, I have given talks at German universities. One time, while having lunch after a talk, I was told that upgrading to a formal scholar position would require a German D-visa.

 

13 hours ago, Happy_go_lucky said:

And NO I have zero interest in staying in the US.

 

Point well-taken. The CBP officer looks at the totality of facts and evidence to make the determination of a person's intent. I used to hold a UK research scholar visa but then I moved back to the US. Twice while visiting the UK for short personal trips, I told the officer that I had no interest in staying in the UK, and yet I was questioned in secondary. The officers wanted evidence of ties to the US. After leaving the UK on the day promised on multiple trips, I no longer experience extensive questioning at the UK border.

 

 

 

 

 

 

 

 

Edited March 20 by WeekendPizzaiolo

[WeekendPizzaiolo 53]

13 hours ago, Happy_go_lucky said:

However, I think a shorter visit for 2-4 weeks should be okay, or not?! I definitely don't want to risk my ESTA as there will be future family/friends visits to the US.

Short visits (2-4 weeks) should be easier, and they should be even easier if you plan to engage in tourism exclusively.

[Happy_go_lucky 9]

9 hours ago, WeekendPizzaiolo said:

Short visits (2-4 weeks) should be easier, and they should be even easier if you plan to engage in tourism exclusively.

Thank you for alll your information and suggestions! So, but if I travel to the US to conduct my research, I can't lie and say I am there for tourism? I honestly don't know what to do at this point. This thesis has been a long time coming and it took much, much effort to find a case study project who is willing to talk to me. I was very excited to have found this one in the US since some leading researchers in my field are involved here. I could just abandon this plan to conduct qualitative interviews in the US altogether and can try to find a different project again which will delay my thesis work significantly again. I really don't know what to do and how to proceed.

[Happy_go_lucky 9]

9 hours ago, WeekendPizzaiolo said:

 

I think it goes both ways. As a recovering academic myself, I have given talks at German universities. One time, while having lunch after a talk, I was told that upgrading to a formal scholar position would require a German D-visa.

 

 

Point well-taken. The CBP officer looks at the totality of facts and evidence to make the determination of a person's intent. I used to hold a UK research scholar visa but then I moved back to the US. Twice while visiting the UK for short personal trips, I told the officer that I had no interest in staying in the UK, and yet I was questioned in secondary. The officers wanted evidence of ties to the US. After leaving the UK on the day promised on multiple trips, I no longer experience extensive questioning at the UK border.

 

 

 

 

 

 

 

 

Thank you for your story! So, for me, I really don't want to do anything wrong. If I require a different visa, I will apply for that. The consulate here said it should be fine to do these interviews - but yeah. 
I can show many ties to my home country and will leave on time, the date of my return ticket. If I would not return to Germany after that trip, I also could not finish my degree since the thesis defense has to be in person.

[Happy_go_lucky 9]

10 hours ago, WeekendPizzaiolo said:

 

You don't necessarily need sponsorship from a university. Even small organizations and companies can sponsor a J-1 visa through a Department of State-approved organization, such as the American Immigration Council (AIC). I have used AIC in the past to sponsor interns. AIC provides the required health insurance for a fee. The visa process through them was straightforward.

 

1. https://www.americanimmigrationcouncil.org/exchange-visitor.

2. https://exchange.americanimmigrationcouncil.org/exchange-visitor/research-scholar

 

 

I don't have a host organization or university or company. I am doing everything "on my own" so to speak, as a student, not an intern of a company or organization.

Edited March 20 by Happy_go_lucky

[Rocio0010 5,697]

1 hour ago, Happy_go_lucky said:

I can't lie and say I am there for tourism?

Forget about it! Lying to CBP is a terrible idea. It WILL be discovered, and you might likely face a permanent bar to the US.

 

I am curious to know who in the Embassy told you that you can use your ESTA. Was it just a secretary over the phone? Or was it someone with knowledge on ESTA? And most importantly, did you get this in written?

 

If CBP asked you why you can't interview people in Europe, or even in another city in the US, what would you tell them?

 

 

 

[Rocio0010 5,697]

On 3/19/2025 at 7:43 AM, Happy_go_lucky said:

it was a miraculous coincidence that my boyfriend lives in the same city and I thought, "wow, so cool, maybe I can stay with him/spend time with him during that time, too".

But yet when I asked you, you said that you would not have looked in that city if your partner had not lived there, so which is which?

[Happy_go_lucky 9]

4 minutes ago, Rocio0010 said:

Forget about it! Lying to CBP is a terrible idea. It WILL be discovered, and you might likely face a permanent bar to the US.

 

I am curious to know who in the Embassy told you that you can use your ESTA. Was it just a secretary over the phone? Or was it someone with knowledge on ESTA? And most importantly, did you get this in written?

 

If CBP asked you why you can't interview people in Europe, or even in another city in the US, what would you tell them?

 

 

 

Guys, I am NOT planning to lie to CBP, which is why I have inquired here about the appropriate path in my case. I am planning to tell them that the primary purpose of my trip is research. The question is: Is that okay to do like that? 

I don't want to do anything wrong, I am not planning on lying, not planning staying in the US. If a research trip is not possible, then it is like that.

I asked the US consulate in Frankfurt via email. Also asked the CBP information office. Both said it should be fine. Also asked in a forum for academics and there were people responding that they have done similar research trips and were okay.

Yes, I could definitely search a different case to interview about. But my field of research is fairly new, hence there are not too many cases and not many that are willing to get interviewed. The preparation to get to this point with this case in the US has been several months. Again, I just thought it was a nice idea to combine my studies with seeing my boyfriend.

[Happy_go_lucky 9]

2 minutes ago, Rocio0010 said:

But yet when I asked you, you said that you would not have looked in that city if your partner had not lived there, so which is which?

I am sorry, I find your comments very hurtful. There seem to be a lot of assumptions. I could take the time to explain my whole research area and what it is all about, but that has nothing to do with regard to my questions. When I looked for cases last year, the one in the city of my boyfriend was just starting to happen and therefore he heard about it and told me about it - and I looked into it further. That was how that happened.