Happy_go_lucky

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.

Thank you so much! Yes, we have come to terms with it and are already looking into the process of him immigrating to Germany

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?

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

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!

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

Hello everyone! Thank you everyone for your input. My partner and I have decided to move to Germany after all. Attempting the CR1 visa for the US seems to have a low chance of approval. It could go well due to the fact he was 13 years old at the time of the offense, but there is a high chance that it could not and in that case, we are looking at possibly 3 years and thousands of dollars later until the denial. Just wanted to give this update

So, I have different opinions of different lawyers: Some say since he was 13 years old at the time of the offense it won't matter, others say it does and is definitely an AWA case since he also had to register. I really don't know who to believe/what to do.

Yes, I think so, too! We are going to look into this with an attorney again to be extra safe. It may be that our process will still take longer due to the fact that "criminal history" will show up and get investigated, but it should be okay in the end. I will keep you all updated also as a reference for future couples with similar issues!

I have some news: My partner found out that his incident date was prior to his 14th birthday, so technically, the Adam Walsh Act would not apply. However, we are still unsure about it since he got convicted when he was 14.

I see! What do you mean by "...and we'd go from there"? Your plan is now that the both of you start a life in Canada and then visit family/friends in the US occasionally?

I am the beneficiary (from Germany) without any criminal record, my partner is the petitioner (US citizen) with a criminal record which is an AWA related conviction at the age of 13/14 as a result of a plea deal. He had to register for 10 years after that. So, I believe it is a lost case in our situation.

Interesting information, thank you! Where did you get that information from that juvenile offenses don't show up if expunged correctly? And what does "correctly" mean?

Ah, I am in the exact same spot! We are also trying to find out when exactly the crime occurred since it was either shortly before he turned 14 or shortly after. The case is expunged and it was 30 years ago aka memory is blurry about the exact dates, so he is working on getting the records. I have checked for Germany and over here, his juvenile crime 30 years ago is not going to matter at all. So, maybe a European country could do the trick for the two of you?! Ah, we also thought about Canada since we have friends/social network there! So you are thinking about becoming a permanent resident in Canada and then she can follow you there? What do you mean by "have a strong visa to visit the US with me"?

Hello there! I am in a similar situation with my US partner who was involved in a crime that triggers AWA, also when he was 14 years old. I have done extensive research on this topic and can confirm what others have already said here: Sealed and expunged records will show up for USCIS. It won't matter whether you apply for a K1 or a CR1 visa. I have talked to many attorneys and all have confirmed the same thing: It is very difficult to get approved with such a history. You could also consider other ways of immigration (work visa?) or moving to your partner's country. Good luck!