Lorneo1067

If we started a rental agreement now with both of our names on?

Noorah101

NO. See my post above. She should NOT try for just a regular B-2 visa. I assume she qualifies to travel on the VWP. A regular B-2 visa is routinely denied for those who are VWP eligible. If she tries, and gets denied, she must apply for ESTA and declare the visa denial, which in many cases results in a denied ESTA for the following 6 to 12 months.

If you are unsure about the strength of the cohabitating partner route, then just stick to using the VWP for visits under 90 days each. No back-to-back visits. She should stay outside the USA longer than inside.

Or, as I'm sure others will agree....get married and get the J-2, that solves all these problems.

You keep saying "see how things go", "see how things work out". Are you not thinking long term in this relationship?

Rene

Noorah101

Yes? And have your parents write a statement saying they've been living with you without the formal agreement until now?

Rene

Lorneo1067

I don't understand why they would have a B2 Visa Denied? if VWP is eligible. If she mentioned nothing about me and just said she wanted a Visa to travel she would still get denied?

Sorry I don't understand that well.

Rete

If a person is eligible to use the VWP, it is unlikely that they will be given a B2 visa just for visiting the US. While the B2 can be used by a co-habiting partner, its purpose is different from the B2 when used as just a tourist visa.

If she goes for just a B2 tourist visa, she will, more likely than not, be denied. Why? What are her ties to the UK? Does she have employment? A place of residence? She has an iffy residence with your parents. Does she and can she show funds to support herself for 6 months while touring the US? These are all the things the officer at the US Embassy will take into consideration when she goes for a B2 tourist visa. Use the search function on BE and see for yourself just how often a B2 is denied. On top of that, the agent at the POE does NOT have to allow her to remain in the US for 6 months at a time. He/She might only give her 90 days just as the VWP does. There is no guarantee.

By applying for a B2, whether as a co-habiting partner or just a tourist, she forever ends her ability to apply for a simple ESTA under the VWP and will always have to apply for a formal visa to visit the US.

Marriage is not in the cards at the moment for the both of you and I don't have any argument with that. It is far better to withhold marrying until you are 100% that is what you both want. Marrying for the sake of a visa is almost certain death to a marriage IMHO.

You asked for what the members of this forum know to be fact. Those facts have been given to you. Now you and she need to make a decision on how you will approach her attempting to live with you in the US or for her to just visit under the VWP.

tom169

The staff at the London embassy on the whole tend to take a view that if you're eligible for the VWP then you should stick to that and not have a B visa.

This leads to the routine denial of visas for these applicants.

The larger problem is that this has to be declared on future VWP applications... which in turn causes them to be denied (at least in the short/medium term)!

The only real exceptions I've heard of are for retired couples who have children in the USA.

By all means your girlfriend is free and able to give it a shot. Just tell her not to be too upset if the normal does in fact happen and she's not able to travel to the USA for some time.

Noorah101

Hi Rete,

I don't think this is true. Applying for a B-2 doesn't mean she can never use the VWP again.

Rene

ian-mstm

You seem unable to think outside the box! Why are you assuming that you can't have a rental agreement with your parents? You've had an informal agreement for 2.5 years now... so just put it in writing. I'd go one step further though... I'd back date it to the original date you two moved in together. So long as it's the truth, it's not an issue.

Ian

Noorah101

Lorneo,

As I and others have said, it's rare that a VWP-eligible person gets awarded a B-2 visa just because they want to spend more than 90 days in the USA. The interviewing officers feel 90 days is more than enough time for sightseeing.

A cohabitating partner has an advantage and better chance at getting the B-2 visa because they have a reason for staying so long in the USA...so they can continue living with their partner.

Rene

Rete

Where does it say it only lasts for 6 to 12 months? The forum always tells people to bide their time and wait 6 to 12 months to reapply for ESTA in case of a denial. A denial of a visa will always have to be declared when applying for an ESTA and if that denied visa is the reason for the denial of ESTA why would it then be approved 12 months later. That does not make any sense at all unless it is written into law somewhere that I have not heard about.

Nutmegger

[Removes immigration hat and puts on agony aunt hat . . .] If you guys have been together all this time and still "don't know," permit me to suggest that it might be good for you to set off to the US alone -- absence will either make the heart grow fonder or the decision will be made for you. If she is willing to drop everything to follow you to a country where her visa status will necessarily curtail her options and leave her hanging around a great deal, surely marriage isn't such a big step? [Now back to your regularly scheduled immigration advice ...]

tom169

I would hazard a guess that time since visa denial, along with the category of visa that it was, will be in the algorithm used to determine the result of an ESTA application.

And it just happens that 6-12 months is a rule of thumb. I doubt it is written in a law.

Happy to be corrected, but this is my take on it.

Lorneo1067

After a long discussion with family and parents. And listening to all your comments which I'm very grateful for. Iv decided to go for her being on an ESTA for 3 months (To see if we enjoy the country) then for us to get married for her to get the J2 Visa. Would this work guys ?

Some may not understand not having marriage straight away but Im still quite young of age. Me being 23 and her 21.

Thanks

tom169

Just be careful because 3 months doesn't equal 90 days (which VWP allows for).

Be sure to leave some wiggle room, perhaps go for 80-85 days, in case of illness/natural disaster/delays etc.

Noorah101

The 6 to 12 months is just going by the experience of others on here...nothing in writing. Yes, the visa denial will always have to be declared on ESTA, but does not always result in ESTA denial, especially as more time passes since the date of visa denial.

Rene