Hi
Many apologies for the long post.
I'm a UK citizen and have previously travelled to the USA on an ESTA visa waiver. I've had multiple entries and have never overstayed. This time I entered the USA on a B2 visa in September 2022. I was granted a 6 month stay so my i94 shows I can stay until March 2023. I'm visiting my girlfriend here in the USA, who is a US citizen and permanently resident. I was completely transparent about this in the visa interview and, thankfully, was able to overcome the presumption of immigrant intent.
We were hoping that we would be able to extend the tourist visa until May/June 2023, at which point we would both travel back to the UK together where she could holiday. Our initial research seems to have suggested that this would be an easier process than it actually may be.
I've taken care not to breach any of the terms of my visa as I want to keep my nose clean for future visa or immigration applications. I haven't worked here. I have sufficient funds available to support my stay for the additional time and am actually on a 12 month sabbatical from my employer in the UK. My employer is not expecting me back until July 2023 and has provided me with a letter to evidence this. The additional time would therefore not have any impact on my employment or UK ties. I have a return flight already booked but I can change the date on this, etc.
That was the initial plan and, without wanting to go into too much additional detail, my girlfriend and I are now looking into her moving to the UK, this summer, for a few years minimum. This is a significant undertaking if it can happen, and it's now even more important for me to remain in the US to support her in this endeavour. I don't know, however, if this will rise to the level of 'compelling' for the USCIS. My girlfiend and I are really hoping to get the best advice on how to achieve this. I've been looking at YouTube videos surrounding extensions and the advice they give is not the best and generic by design.
I've started the I-539 application on the USCIS website to extend the visa. One recent video by an immigration attorney seems to suggest that submitting it is not worth the time or money as this route is now nigh on impossible with the wait times and endless requests for additional evidence. They also say that they now don't even submit the applications for clients as it never goes well.
The USCIS website states to submit the application at least 45 days before the expiry date to allow for processing, but it looks like the estimated times would take me well past the i94 expiry date and even the date I would be staying until. I could file the application tomorrow, but one YouTube video suggested this could invite rejection if it's deemed 'too early.' My understanding is that if I've successfully submitted the application online and don't have my decision by the i94 expiry date, then I can stay in the US but it's a grey area and becomes a gamble. If the application is approved then I'm okay for the additional time. If it's denied then this additional time becomes unauthorised, resulting in a cancelled tourist visa, possible re-entry ban and guaranteed headaches for any future visa applications. This idea has the benefit of my definitely being here when needed and is fantastic if it works, but has serious drawbacks if it goes wrong.
We're also considering the possibility of not submitting the I-539, with me leaving on the original flight ticket and returning on the ESTA visa waiver after an 'acceptable' period of time. This way I don't have any overstay but this could also look suspicious and re-entry is dependant on the airport customs agent.
I guess my questions are - Are there any options which I'm not aware of? Is it possible to leave on the B2 visa and return on the ESTA and how quickly could I reasonably do this? Is the B2 extension likely at all and are the processing dates actually as horrendous as they seem? If I stay past the i94 expiry date, is my understanding correct in that it's 'allowed' but could potentially backfire? Do you have any insight or advice you can give. Thank you.