zeb500

Hello all,

I'm new to this forum and I've done some searching but would really like some advice based on my personal situation.

My boyfriend and I have been dating for 2 years since meeting in England when he was working in the UK. He is a US citizen, I am a UK citizen.

I have visited the USA on 3 occassions;
March 2013 - 3 weeks
Oct-Jan 2013-14 - 90 days
I am now 2 weeks into my second 90 day stay.

All 3 visits have been under the Visa Waiver Programme.

I am 23 years old and graduated from university for in July. Hence my ability to travel and stay for so long.

Obviously my second 90 day visit caused huge red flags at immigration when I arrived 2 weeks ago and I was sent to the secondary area and questioned by the CBP officer. Apparently it's 'my life'...who knew!? And he allowed me in this time. I understood I was taking a risk only staying out of the country for 11 weeks after my last 90 visit. I was told my next visit or stay would need to be with a visa because of how I've abused the VWP system, so I am looking at options.

My boyfriend and I dearly love each other but we want to save money and make our marriage day special. I'm sure someone is thinking that we need to wake up and smell the coffee, but if there are other options we can consider before a fiance and spouse visa, we'd like to be aware of them.

Can I apply for a visitor's visa or will this be considered visa fraud now I have the fact that I've visited so often and been stopped by CBP and have a boyfriend here on my travel history and if we decide to get married during my stay on a visitor's visa?

I studied a BAhons in Music at University of York and I'm training as an opera singer - can I apply for any kind of working visa? I understand the HB1 cap has been reached?

Can I look at au pairing on a J1 so I am at least in the same state as my boyfriend or will this be also considered visa fraud?

I can't tell you how much we appreciate any advice in this minefield and hope you don't mind my rambling post.

Noorah101

Even though he said this, unless he specifically wrote something to that effect in your passport, it's not true. You CAN still use the VWP, just leave a longer space between visits. General rule of thumb is to stay outside the USA longer than inside. Since you've spent a lot of time in the USA recently, I suggest staying outside the USA for perhaps 6 months, and then try another VWP visit.

Do a search in the BE Wiki Guide for an article called "Pulaski's Ways..." That will list all the available visas to the USA. See if you qualify for any of them.

It wouldn't be fraud if you apply for a B-2 visitor's visa, but it would be a mistake to do so. Chances are, since you are VWP eligible, the B-2 will be denied, and once the B-2 is denied, you need to re-apply for ESTA and declare the visa denial, which will also in turn cause an ESTA denial for some time (seems to be around 6 - 12 months). My advice is not to apply for a B-2 visa.

If you can find an employer to sponsor you somehow, yes. The difficult part will be finding an employer to sponsor you for a work visa. You have to bring something extra special to the table to make a US employer choose to pay thousands of dollars to bring you to the USA, rather than hiring someone already in the USA.

Yes, unless the job is for a non-profit or educational institution. There's no cap on those jobs.

It's not visa fraud to try and obtain a visa. Yes, you can look into getting any kind of visa you think you're qualified for.

My guess is that, at the end of the day, you and your boyfriend will step up the marriage plans.

Rene

Hotscot

Or get married in a simple, on the quiet, ceremony then the big bash later.

If you're going to be together anyway it would take care of so much existing hassle...

zeb500

Hello, thank you for the advice thus far.

Rene, so theoretically, when I go to my embassy to possibly obtain a J1 Au-pair visa, there won't be anything written about my being stopped in the secondary area and questioned on my last visit? And that I have a boyfriend in CO?

Noorah101

There won't be anything written unless it's written right now in your passport. Even if there is, it would pertain to the VWP visits, not obtaining any kind of visa.

There won't be anything written about your USC boyfriend, that I'm aware of.

If you are asked about any of this by the ConOff, though, you must be honest in your answers.

Rene

zeb500

One final question, Rene - I hope you don't mind
If there is no cap on non-profit and educational institutions applying for the HB1 - are they still subject to the thousands of dollars fee to the government when hiring someone on this visa?

ian-mstm

With respect, the officer lied to you. He is allowed to lie to you! You are completely fine to continue using the VWP.

Ian

ian-mstm

Oh my, yes!

Ian

Noorah101

Yes, the employer (not matter who it is) still has to pay the cost to bring you over on a work visa.

Rene

ian-mstm

With respect, we've seen this behavior many times before! Someone uses the VWP, gets told they need a visa by an officer who is deliberately lying to them, and then they go through endless permutations of trying to get a visa when, in fact, they don't actually need one - and they have done nothing wrong in the first place... except get intimidated by an overzealous officer!

You haven't done anything wrong. You are allowed to continue to use the VWP.

Ian

zerlesen

There are fees to be borne by the employer, yes. In the absence of other issues, the hardest part of getting an H-1B is generally finding a suitable employer who has a suitable position available. The Department of Labor gets a say in what "suitable" means.

I don't know the first thing about the market for opera singers but my initial reaction is that looking for an H-1B (or, god forbid, a J-1 to be an au pair) is likely going to be a way, way, way more complicated and expensive means of being temporarily close to your boyfriend, when a comparatively simple and less expensive means of being permanently close to him is at your disposal.

Or just keep using the VWP for the time being. If you ever are refused entry on the VWP then it certainly won't be a pleasant experience, but it also shouldn't prevent you from getting to the US via marriage in the future. (Having an application for a visa rejected is *not* "visa fraud", by the way - and thank goodness for that, because "visa fraud" is something that really could screw up your life plans.)

zeb500

Many thanks for the advice from everybody who has posted!

RICH

I bolded the part that I believe attracted the secondary scrutiny. It may look to CBP that you are trying to live in the US with your bf. Their job is to prevent that. Your job is to make it easy for them to let you in.

Getting married is the obvious long term solution, but you can continue to use the VWP within the rules, until they decide you can't. All other advice is going to be about mitigation.

zeb500

If I got questioned and sent back to England on my next visit, what sort of position am I in then? Would we still be allowed to apply for a spouse visa even though I had been rejected by CBP?

Noorah101

There is no way to know until it happens. You'll have to see if any notations are made in your passport at that time.

Yes.

Rene