Using B-2 visa after travelling on visa waiver

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kinab001

New Member
I'm going to try and explain this without being confusing. In the interest of giving all the information needed this may be a bit long winded :p. Apologies in advance.

I have been living in the UK as a student for the past 3 years as a student. For the past two years I have been living with my British boyfriend. He has never been to America before.

I am returning to America on June 20, and my boyfriend is coming with me. He will be entering for three months using the Visa Waiver Program. Our ultimate goal is to get married and settle in America.

Our current plan is for him to enter the US on the VWP. We will file the K-1 fiance petition once he arrives so it can begin being processed. He will return to the UK at the end of the three months to wait out the rest of the processing (and do the interview etc).

-As a side note I really hope that our current plan is okay. I've spoken to a lawyer and posted on a forum dedicated to K-1 visas. My boyfriend plans to say the purpose of his visit is to visit friends and tourism. We know that he cannot intend to settle, and as he plans to return to the UK in three months he doesn't. He will have a return ticket for about a week shy of the three months.-


My newest idea is to find a way to bring my boyfriend to the US for 6 months so that he would be able to wait with me until his visa interview. The three months on the VWP isn't enough time.

1. Would it be possible for him to apply for a B-2 visa immediately after travelling on the VWP?

2. Would he be able to start the application for a B-2 visa while he is in the US on the VWP?

I know I've botched this. I really wish we had applied for a proper tourist visa to begin with, but we've already bought plane tickets now and it's too expensive to change them.

Any advice would be appreciated.
 
You have tried to be detailed; however, the info is still unclear:
Our current plan is for him to enter the US on the VWP. We will file the K-1 fiancé petition once he arrives so it can begin being processed. He will return to the UK at the end of the three months to wait out the rest of the processing (and do the interview etc).
You cannot apply for K-1 visa after your married, nor should he attempt to come back on a K-1 visa after you are married. K-1 is what it says a "fiancé visa"
You may want to explore the K-3 or CR-1. I strongly suggest talking to a US immigration lawyer (one that specializes in immigration). The last thing you want is to be questioned about providing fraudulent information.
Good luck...
 
We do not plan to marry until after we get the fiance visa. Our ULTIMATE plan is to marry, but we will not do so until we have gone through the proper procedures. The reason for all this mucking about is we are trying to be together during the process as much as possible.
 
I am sorry if I misunderstood. As you probably know the processing times depend on the service center (Vermont being the fastest, and I hope that you're in that service area). In general 3 months is plenty of time for the K1 to get approved for UK citizens. So, I guess if you start as soon as you get here you should be fine. Make sure to check all the requirements and the paperwork needed so you can bring it with, therefore minimizing the time spent gathering paperwork. Also, keep in mind that he will be required to complete a medical before the interview, so if his paperwork gets processed fast, he may have to go back before 3 months is up.
Good luck!!!!
 
faith777 said:
I am sorry if I misunderstood. As you probably know the processing times depend on the service center (Vermont being the fastest, and I hope that you're in that service area). In general 3 months is plenty of time for the K1 to get approved for UK citizens. So, I guess if you start as soon as you get here you should be fine. Make sure to check all the requirements and the paperwork needed so you can bring it with, therefore minimizing the time spent gathering paperwork. Also, keep in mind that he will be required to complete a medical before the interview, so if his paperwork gets processed fast, he may have to go back before 3 months is up.
Good luck!!!!
Click to expand...

No worries. Thanks for your comments. They've soothed my nerves a bit.

Do you happen to know anything about my other questions though? If three months isn't enough is there any chance he would be able to travel to the US on a 6 month tourist visa directly after travelling on the VWP?

If so, would he be able to apply for the tourist visa while in the UK on the VWP or would he have to wait until he's back in the UK (I know he HAS to be in the UK for the interview)?
 
A K1 usually takes a lot longer than 3 months.

Firstly you need to consider whether he will be admitted to the US, what ties does he have to the UK?.

The chances of him obtaining a B2 are next to nil.
 
Theone said:
A K1 usually takes a lot longer than 3 months.

Firstly you need to consider whether he will be admitted to the US, what ties does he have to the UK?.

The chances of him obtaining a B2 are next to nil.
Click to expand...

Why are they next to nil?

We wouldn't try for a B-2 after we've filed the paperwork for a K-1. What I want to do is have him come on the VWP for 3 months, then come on the B-2 for 6 months. Once he is in the country for 6 months we would apply for the K-1.

Is it impossible to get a B-2 very recently after having travelled on the VWP?
 
I don't know much about how VWP and B-2 will be related. I personally don't think that the fact that he travelled on VWP wouldn't disqualify him for a B-2 visa or should it be held against him. But that is just my opinion. Now, if you have already applied for the K-1 visa and it is being processed, that could affect his chances of getting an B-2 visa or the attitude of immigration authorities when he is entering the country.

Now, from whatever I have heard, the time it takes for a K-1 visa is approximately 3 months. So there is a good chance you will get it within that time. When he travels on a B-2 visa, he may need to show his reasons for travelling to the UK.
 
kinab001 said:
Why are they next to nil?

We wouldn't try for a B-2 after we've filed the paperwork for a K-1. What I want to do is have him come on the VWP for 3 months, then come on the B-2 for 6 months. Once he is in the country for 6 months we would apply for the K-1.

Is it impossible to get a B-2 very recently after having travelled on the VWP?
Click to expand...

Aint going to happen.

Both are for visitors, this is the land of the 2 week holiday, how are you going to justify ties to the UK when you want to spend effectively 9 months straight in the US.

Effectively when you apply for a B you are saying that you want to come for more than 90 days and less than 6 months. If the applicant is retired and lives for 6 months of the year in Florida - possible. For anybody else a very big ask.

I have never seen someone get a K1 processed in 3 months, I guess there might be one, but unlikely to be you. See www.visajourney.com for current timelines.
 
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Theone, I see your point. I know someone who got a K3 spouse visa for her husband in a little over 4 months in May. But they got married in a foreign country and were quick to file the application and follow up.
 
kinab001,

I spent 84 days out of the 90 allowed under the VWP. I flew back to Europe the 20th and the 26th had the interview at the US embassy. The 28th I had a B1/B2 visa valid for 10 years, multiple entries. A month after I came to the US and entered for 6 months, no problem at all at the airport, only the usual questions. I think it is doable for a Western European, as long as it is a transitional solution.

Good luck!
 
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