flickerflix

Hi,

I am new to this site and glad I found it! Here is the situation -

I am a US citizen and my fiancee is a UK citizen. We are both internationally know researchers and we both have secure positions in our own countries (and she owns her house in the UK). She is also one year into a five year prestigious research fellowship in the UK. We also work together professionally, collaborating on projects (and have submitted a number of scientific papers together). Eventually, she wants us to get married in the UK, regardless as to which country we end up in. We know about the different fiancee visas for both countries but we are not at that stage yet. We are not making marriage plans until we both have jobs in the same country. In terms of work, we are doing everything legally. We don't work in the other person's country but apply for posts (mostly academic) if they are available. Plus, my company can always post me to the UK office if that is what we choose to do.

The above is not the question but the complexity! I have been in the UK twice on academic visitor visas (6 month stints) doing academic research and also hold a non-stipendiary visiting fellowship at a UK university. Her fellowship allows her to spend up to a year in a foreign country doing academic research, so it would be nice for her to make an extended stay in the US doing so. My company is currently working with her on a research project and we will offer her a non-stipendiary fellowship here (all it means is office space and an email address, salary paid by her post in the UK, not even expenses paid but she stays with me).

So far she has been visiting under the VWP and only staying for 1-3 weeks, I currently do the same visiting the UK. There have either been 3 or 4 visits so far this year and she will also visit at the end of the year for 3-4 weeks. There has almost always been at least as long between visits as she spends in the US. However, in 2010, she will want to essentially be on sabbatical in the US for 3-6 months (possibly up to the year in her fellowship). She will make frequent trips in and out of the country to scientific meetings.

So, what to do? There seems to be no equivalent to the UK Academic Visitor Visa in the US, and the exchange visa does not seem to be the appropriate route. She likely would qualify for an O1 but is not looking to work here at the moment just collaborate on research projects. Should she try for a B1/B2 visa?

Thank you for your advice!

ian-mstm

I believe the B1/2 visa is appropriate for what she wants to do. She can't stay longer than 90 days on the VWP and even a one day overstay will negate the possibility of her using the VWP again. She can stay up to 6 months on a B1/2 visa. I believe a B1/2 will also allow her to continue her research.

Ian

flickerflix

Thanks. Are people still being given B1/B2 visas at the London consulate now that the VWP is in place? I thought I was reading other forum posts that the B1/B2 visa had become difficult to get if you are VWP eligible?

Folinskyinla

Hi:

Interesting set of facts. This is the type of thing that a face to face consultation with an immigration lawyer just might be the thing to do.

BTW, without going into details, I am often in contact with people from CalTech. I have been told many times that "Immigration law is not like rocket science. Rocket science is easier to understand."

Good luck.

Bladerunner

B1 and B2 are frequently lumped together, but it would be a B1 she would be looking at.

Bob

They are difficult to get for most who can use the VWP, but not impossible if your circumstances warrant it.