Hi guys,

First time user so please be gentle . Im pulling my hair out (whats left of it anyway) trying to get everything sorted going to the states. Myself, missus (an american) and pooch are heading to Cincinnati this summer. We are currently in Spain and due to certain reasons we have to go to the UK so we have to move TWICE in the space of a month. So you can imagine how stressed I am. We really want to get to the States ASAP as our accommodation for the summer in the UK fell through and now we are pretty stuck, baring a few days here and there, without a place to stay. And paying for hostels and dog kennels is just bleeding money.


Annnnnnnyyyyyywwwwaaayyyyy, I have a few questions and if anyone can help me it would be greatly appreciated. First off we are getting the K1 visa as we are engaged. Im getting the b2 visa while that is being processed, so my question is can anyone give a rough estimate to how long it may take to get the K1 as I dont really want to be stuck in the UK for a few months after my B2 has expired. Do you think it would be quicker to apply for the K1 in the states? Or even is it possible to get married with my B2 and then get another visa? Or is that illegal?

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Any help would be forever greatly appreciated. Thanks in advance

First off a couple of quick points: you can't apply for a K1 while in the US, and if you are VWP eligible you probably won't be approved for a B-2, so unless you have a reason making you VWP ineligible (criminal record, drug habit, etc.) you probably need to forget that. I hope you haven't yet applied for a B-2 because if that is rejected you will have to declare the rejection on your ESTA, which will likely be denied for 6-12 months. ...... If you have already paid for your B-2 application then it's too late to withdraw it, and "any outcome that isn't an approval is automatically a rejection."

The reported rate for shipping a dog is currently around the $2,000 mark, +/-. I have seen quotes over $3,000.

It's quite likely you will need to find new accommodation in the UK.

Thats interesting about the B2 being denied, but the VWP is only 3 months long while the B2 is 6, which is the only reason why I applied for the B2. Can anyone else confirm that?

A quick search of the forum will reveal that B2's are VERY rarely granted to people eligible to use the VWP unless of retirement age. Have a search through the threads in the immi section of the forum for more info and people's experiences.

HTH, good luck.

Ian, Noorah, and Boiler, will all likely be along in due course and I will eat my hat, and my scarf and gloves, if they tell you anything different re the likelihood of the issuance of a B-2 to someone who is VWP eligible.

Given that the reason you have applied for a B-2 is as an interim way of living in the US (when "living in the US is specifically prohibited on a "normal" B-2, and the "cohabiting domestic partner" variant B-2 is not available to unmarried partners of USC's), I would say that the chances of a B-2 being issued to you is below average for people who are otherwise VWP eligible.

True..... but the B2 is rarely given for someone who is eligible for the Visa Waiver Program. The VWP is for visitors/tourists and so you need very specific requirements to be given a B1/B2.

If the authorities think you are applying for the B2 merely to "live" in the US for longer then your chances of getting one are even less.

It takes between 8 to 10 months to get the K1 visa and it must be applied for outside the US.

You may be "heading to Cincinnati this summer" but you won't be living there. At best, you'll be a visitor.


This is the correct course of action. It will take 8-10 months for you to get a K-1 visa.


You likely will not be getting a B-2 visa.


No. It will take 8-10 months for you to get the visa regardless of where you are when the I-129F petition is submitted.


You can marry wherever you like, and your (then) wife will submit an I-130 petition to start the process for a CR-1 visa. It will take 8-10 months for you to get the visa.

It seems you have some unrealistic expectations coupled with a general lack of knowledge about the process. You can't circumvent the system without risk... and I, for one, won't help you to incur risk.


There is a handy search feature near the top right of each page. Do a forum search - several posters have recently flown their dogs over, and they're probably in a better position to answer your questions in that regard.

Ian

I'm not one of the mentioned, but I agree with with the above. No hat eating required.

Ok a quick google search confirmed what you said, thanks guys - Im sorry I doubted you :-(. Im just confused as its a shorter duration but I suppose it makes sense after thinking about. It says there is no wait time for the VWP or limit to how much you can use it, does anyone know if thats true? As in theory one could just "jump back and forth across the pond". Just dont want to be away from my fiancee for that long - 10 months is quite a bit of time (she cant move to the UK for family reasons) Not to mention the cost of the wedding, it will be ridiculous paying for accommodation in the UK as well as America. Thanks for the replies by the way

Rule of thumb is spend up to 90 days in the US, then leave for another 90 days before trying to re-enter.

You don't want the immigration guys thinking you are trying to 'live' in the country while your visa is being processed do you?

It is true. If ESTA is approved today, you can flight immediately afterwards. Further, there is no restriction on how often you use it. However...


... if the CBP officer believes you are abusing the privilege of 90 days in the US without a visa, or trying to live in the US without the appropriate visa, you'll be bounced back to the UK so fast it'll make your head spin.


No one wants that... but, very often, that is exactly what happens. US immigration is not designed for your convenience.

Ian

Suck it up - we all went through it. Trying to circumvent the law will get you in trouble.

Back to back VWP entries are likely to see you bounced from the US.

To be clear, the risk is that you could be banned from the US for a period of 3-10 years, regardless of your spouse being a USC.

Further, for those who think they can flount the system, the optimum strategy is to retain an experienced immigration attorney, so budget another $3,000-$4,000 on top of the cost of the visa and be delighted if the eventual invoice from the attorney is half that. ...... And just for good measure while you and your attorney are battling the system, which could take many months, and a period of a couple of years is not unheard of (i) you won't be able to work, and (ii) if you do leave the US while the process is still grinding along you will automatically trigger the ban I referred to above!

There is, IMO, a good chance that he could do a couple of 90 day stays with a short return to the UK in between, but more than two is chancing it.