Best way to return to the US?
 

Hi all,

I am a UK citizen currently in California, I was working as a freelance graphic designer while travelling in Eastern Europe when I met my girlfriend.

She had a pending US student visa that got accepted 2 months ago and we moved here together. However I am currently here on a ESTA and will need to leave in a few weeks.

We are trying to figure out the best way I can return to the US without spending too much time apart. Currently my financial situation is not good since I have not been able to work the last couple months and moving here was expensive.

My current thought is to apply for an education visa and continue my graphic design studies however I am concerned about the finances. Your advice is much appreciated, thanks!

Re: Best way to return to the US?
 

How will you pay for Uni? It sounds like you’ll need to return to the UK to earn some money while you’re working on a student visa. You’ll also need to keep in mind if you spend more than six months in the US for the calender year you’ll be considered a tax resident, and have to file tax returns. You should also know that you cannot “move” to the US on an ESTA. If USCIS finds out you’ve done that, your non-immigrant status could be considered void as you are showing intention to immigrate to the US, while also possibly violating the terms of your authorized purpose for being the the US.

Re: Best way to return to the US?
 

As said, you may be eligible for a student visa but will need to pay for your studies. Can you do this?

Where are you living currently if girlfriend is also on a student visa? Student accommodation? How is she financing herself?

There is, of course, the option of marrying and she sponsoring you - but from what you have said this does not sound feasible either.

You have not moved to the US you are only visiting.

Re: Best way to return to the US?
 

I need to go back to the UK and save money before I can pay for my studies.

We are currently living in an AirBnB apartment, she is financed by her parents and will get a CPT job soon.

Thanks

Re: Best way to return to the US?
 

I plan to go back to the UK to work and save money for my tuition. I am aware I used the incorrect terminology in my post and I did not "move" here on ESTA. Thanks

Re: Best way to return to the US?
 

Sounds like an plan, as you have no way of remaining in the US legally once your ESTA has lapsed.

Re: Best way to return to the US?
 

Got it. You just need to be careful with how you word things so your intentions are not misinterpreted by USCIS! I don’t see a way around returning to the UK to save up some money in the short term. Is your GF also a UK citizen? Your strategy is also going to depend somewhat on whether you and your GF plan to settle in the UK or elsewhere after she graduates, or if you desire to live in the US. If it’s the latter, one or both of you obtaining a US employer sponsorship (or getting married if only one of you does) is likely the best option.

Re: Best way to return to the US?
 

Even if married only limited visas have an EAD / work authorization for a spouse. The L does, but J, H and O don’t… the OP does not mention what is girlfriend is studying… some subjects can lead to OPT after graduation, which can lead to an H1b, but I don’t think that would help the OP.

When I was 21 I had a USC girlfriend for a couple of years, I would fly over to see her at weekends, and then for a week 2-3 times a year on vacation. This was easier because she was on the East coast.

The reality is that there may not be a fast path to do what the OP wants. Yea n decided to move here at 21 and it took me 10 years to do it myself through work….

Re: Best way to return to the US?
 

I hope you haven’t been working here also. You mentioned working freelance as you traveled around Europe but then you came here. How are you financing your stay here?

Others have provided answers to your question regarding student visas - if you are not making ends meet as it is then a student visa is unlikely to happen as you will need to demonstrate that you can support yourself here (tuition fees and living expenses).

You will have to accept, as many of us in international and long-distance relationships have to, that the situation is far from ideal and there will be prolonged periods of time apart. It’s just how it is. Most of us here went through that/are going through that.

Re: Best way to return to the US?
 

It doesn't sound as though s/he has been working - "Currently my financial situation is not good since I have not been able to work the last couple months".

Re: Best way to return to the US?
 

My GF is Iranian, we are still not sure where we should go after she graduates. We are thinking it is better for her to stay in the US for longer to get a green card since the Iranian passport is really weak and it would allow us to travel more in the future.

My GF is studying a Masters in Business Administration, she is planning to fast track the course and will complete it in one year

Re: Best way to return to the US?
 

I'm not working here, I'm financing my visit with my savings. I understand the situation is not ideal, that's why I'm asking for advice so I can make a plan.

Re: Best way to return to the US?
 

And how does she plan to apply for an immigrant visa (‘green card’)?

Even if she did somehow get one, note that you’d have to be married to get one too as her dependent, and that you’d need citizenship really if you want to travel, or you’d risk losing your LPR status after a short time.

Re: Best way to return to the US?
 

Then it sounds as if you need to have a long-distance relationship for that one year. While she completes her studies, you can get on with yours -- or get a job to put money in the bank. During that time you can both research how you plan to move forward -- and where.

Re: Best way to return to the US?
 

There was just another thread on a similar topic, a Green Card will only help her travel to about 7 countries visa free. All the rest will just see her as an Iranian Citizen and usual visa requirements would apply. To get a real benefit for travel she would need to remain resident here long enough to become a USC, although nothing you have said yet seems like a path to a Green Card for her:

https://britishexpats.com/forum/trai...r-visa-945152/

If you want to be together I would research countries you can live in together. If you are a UK citizen that seems like marriage and living in the UK would be the best option. If you want to be together maybe she needs to consider a UK MBA instead, they are also only 1 year long.