Lammy74

Good Morning all!

I am new here; just moving to Cypress TX on an E2 Visa. My company has set up a US Entity and office in Houston which I will be running.

I am engaged to my partner, and will be getting married later this year.

I understand there is no such thing as a "Fiance Visa" when entering the USA. I have scoured the internet and information is a little conflicting and confusing so my questions are as follows; if anyone has had similar experiences I would be grateful for your input:

1: I understand she can accompany me initially on her ESTA as long as she leaves the country every 90 days for 7 days and follows the rules of the ESTA. (This should only be once with the time frame we are looking at anyway and I know she is eyeing up a holiday in the Caribbean! )

2: Once we are married, can the E2 Spouse visa be completed from within the USA or will it be necessary to apply from the UK?

3: Are there any better / easier options for her?

Many thanks in advance for any input!

tom169

Good morning and welcome.

There is, it's just only available to US citizens.

ESTA is travel authorization only. She'd be trying to enter on the Visa Waiver Program (VWP). Not sure where you have heard this 7 day thing from. We recommend spend as much time out of the country as you do in. Also, not advisable to spend the full 90 days here in case there are issues.

No, a visa is by definition a travel documents only. Your spouse will return to the UK for processing and an interview.

If you don't already have the visa then get married first.

Lammy74

Thank you for the prompt reply and excellent concise information.

We are both British citizens. I already have my E2 Visa.
Unfortunately the delay in getting married is due to a long drawn out and messy divorce from my previous partner. I can apply for my decree absolut next month and then we can make plans.

Previously I have travelled in the US on an ESTA for up to 90 days at a time, flying back for 7-10 days at a time with no issues; and have been for the last 3 years or so; this was actually on advice from the UK Consulate in Houston.

Thanks again for your help!

scrubbedexpat099

Get married now.

Lammy74

Thank you. Unfortunately I can't as I cannot apply for my Decree Absolut until next month.

The delay has been due to a long drawn out and messy divorce from my previous partner. But we will be getting married this Summer.

Twinkle0927

You understand slightly incorrectly. The VWP is for visits to the USA whilst maintaining a residency elsewhere. It’s not for living in the USA in 90-day installments. Also, trips to Canada, Mexico and the Caribbean do not re-set the 90-day clock. At POE (port of entry) she will need to satisfy the CBP officer that she has no intention to live in the USA, that she is just visiting and that she maintains her residence elsewhere. Doesn’t sound like she will have a job or place to live elsewhere if she’s planning to “do the VWP shuffle”. Also note that anyone who spends more than 180 days a year here becomes of interest to the IRS. But you probably won’t even get that far. In all likelihood, returning for another 90 days just 7 days after leaving the country after a 90-day stay will probably result in her being asked to withdraw her application for admission and sent back to the UK on the next plane due to suspected immigration intent.

What’s stopping you from getting married right away? It would solve the problem of putting her in a very dangerous position with the CBP.

Or if you are adamant that you are not getting married yet then apply for a B-2 cohabiting partner visa (assuming you are currently living together), which is a better option than abusing the privileges of the VWP.

Lammy74

Hi there, yes we live together. Unfortunately we can't get married right away as I cannot apply for my Decree Absolut until next month; as my divorce from my previous partner has been a very messy drawn out affair.

That B-2 visa sounds interesting? I will look into it.

This is just the kind of advice I need: sometimes you get blinkered looking into all this stuff.

Thank you very much!

Noorah101

If there's only going to be time for one lengthy stay in the USA before getting married, then don't bother with the B-2.

Have her visit on the VWP for 88 days (allowing a few days wiggle room just in case). She returns to the UK for at least 88 days before attempting another VWP trip (of corse she can try earlier, with the understanding that she could be turned away at the POE). When you are legally able to, get married, then she applies for her E-2 in London to join you permanently.

The embassy was mistaken about the "7 days out" thing. There is no such rule. I'm glad it worked for you, but I think you got lucky.

Rene

Rete

So she visits you under the ESTA/VWP ... btw the ESTA is what allows you to participate in the VWP scheme.

No one dies of a broken heart or frequent cold showers if a couple have to be apart for a few months.

A B2 will not be the best avenue for her to pursue because if denied she can't use the VWP for 6 months or so until she is able to get the ESTA approval.

BTW the term partner is not used in the US in connection with a spouse. A partner is someone you live with not someone you are married to or dating.

Lammy74

Ahh ok, sorry for any confusion.

Lammy74

Many thanks for the info!

crg

This may be a cohabiting B2 situation in the short term. It should be noted that the UK Consulate in Houston is not the authority on anything to do with US immigration law. US consulates can barely give out good information and the UK isn't in the ballpark on this one.

Twinkle0927

I'm curious as to why you think there would be a chance the B-2 would be denied? This is not the standard B-2 visitor visa (which likely would be denied) but the cohabiting partner visa which allows the holder to apply for admission for up to 12 months at POE and is annotated that the holder is the "cohabiting partner of a ... (insert visa category here - in this case E2) visa holder". It is applied for on the back of the approved visa for the boyfriend.

Many people have been successful with this. Obviously they cannot work on this status but maybe they don't need to. This option has been recommended in similar circumstances on this forum before, even by people who are advising against in on this thread! Curious as to what's changed?

scrubbedexpat099

Get married next month.

Twinkle0927

What are you doing that required you to spend so much time visiting the USA? Where were you working?
Or were you working illegally? This could have a negative impact on your E2, if you were.