Is there a way for my UK girlfriend to stay in USA for longer than 90 days without us getting married?
Answer:
You can't just keep flying her back to the UK every 2.5 months. The visa waiver programme is for visitors to America and cannot be used to live in America. Try doing this and she will be refused entry at some point and may be banned from visiting the US.
I've been in your situation, the only way out is for her to spend most of her time in the UK and for you to visit her there in between her visiting you. As soon as her divorce is final you can apply for a K-1 visa and she can come to America to marry you.
You can't live together and marry in your own time when you are dealing with US immigration, you have to do everything in their time or not do it at all.
Her only other options are to get a student visa to enroll in a US college (very expensive as she would have to pay international tuition rates) or if she has the skills to get a work visa sponsored by a US employer.
A six month tourist visa is likely to be refused as she qualifies for the visa waiver. These are usually only issued in London to people who don't qualify for a visa waiver for some reason.
well she could attend college here and get a student visa
There used to be a J1 visa specifically for fiancees. Once you were married that got upgraded to a K1 "married" visa.
unfortunately not. if she tries to stay in the US without marrying you, that will be a big problem. she will be in violation of her visa and be an illegal, which could mean her deportation and denial in the future of a visa if you get married. their are only 2 ways to do this. 1, get married! that's the simplest and easiest way. 2, she will have to go back to the UK and apply for a different visa, like a work permit. however, this can take a while and she will have to remain in the UK until the paperwork gets processed. i say just get married to her. if it doesnt work out, no big deal. everyone is divorced nowdays anyway
--- http://www.uscis.gov/portal/site/uscis/m...
I already answered this question last time you asked it. Unfortunately Matt is wrong because you girlfriend is applying under the visa waiver program so she can not violate her visa; however, she can be in violation of the visa waiver program if she overstays her 90 days or if she is found living or working in the U.S. Also DanE is wrong because she cannot change her nonimmigrant status because she does not qualify because she is under the visa waiver program.
The only way she can stay more than 90 days in the U.S. is for her to obtain a tourist visa. With a tourist visa she would be able to stay up to 6 months.
You need to understand that she cannot live in the U.S. She is applying for the Visa Waiver Program, that do not require a visa, but if CBP officers at the airport suspect that she is living with you, her entry into the U.S. can be denied and she will be send back to UK, and the only way she can reenter the U.S. will be with a visa; she will not qualify for the Visa Waiver Program anymore.
The only option you have is when you are getting ready to marry apply for a fiancé visa. See the link below for more info, good luck
http://www.uscis.gov/files/form/i-129f.p...
Take her on a trip to Mexico or Canada for a few days. :-)
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