Immigration will tear us apart again

[caramel79]

I met my American boyfriend 5 years ago - I am a British resident in France. We stayed in contact over email and phone for 4 years as friends, and September 2007 I came to visit him in California for 2 weeks. I came to visit him again in November 2007 for 2 weeks. In January 2008 I came here for 90 days on visa waiver program. In April the 90 days were up, so we both went back to Europe for 2 weeks. On April 16th 2008 we came back and I was allowed entry for another 90 days. At this point the immigration officer said that I was "abusing the system" by staying for so long, and that I should spend as much time out of the USA as in.

My interpretation is that when I leave again on July 15th, I should have to stay in Europe for six months before I try to return on visa waiver. This is clearly not the most desirable situation.

So I am looking into options to return without us having to get married after only 6 months of living together. These options are:

1 - Apply for a tourist visa on return to France.

Problems with this are a) proving significant ties. I have no job there, but I do have my family, i.e. parents home, where I have lived on and off for 16 years.
b) proving that I have enough money to pay for the trip. My boyfriend supports me while I am out here, consequently, I have little resources, as cannot work on visa waiver.

2 - Hazard my chances with immigration by returning to USA after only 6 weeks on visa waiver.

Problems with this are: a) again, short duration of 90 days
b) risk of entry being refused and this complicating future visa applications

3 - Apply for K-3 visa on basis of Common Law Marriage, or Pacte Civil de Solidarité in France
Problems with this are: a) ambiguity of immigration law
b) boyfriend would have to make another trip to France to sign the pact, and would be hard for him to leave work, plus extra expense.

Which option should I follow and why?

Thanks very much for your help.

[iamwhoever]

I don't know what your job is, or if this is an option, but I thought I would forward this info to you.

http://www.interexchange.org/internship ... ing.html#1

There is a J-1 training visa that can be obtain for 1-18 months. This could be an option depending on whether you have at least the equivalent of an associates degree plus 1 year experience or 5 years experience, all must relate to the training you would be receiving in the US. Other than this, I'm not sure what your options are. If you guys are really serious, he could try to find a job in France.

Good luck!

[Marco 72]

From what you write it sounds like a tourist visa isn't an option for you. Without a job or other ties, and given the fact that you are already eligible for the VWP, it's very unlikely that you will get it.

You can continue to take your chances with the VWP, but keep in mind that if you are ever denied entry you'll never be able to use it again.

You can forget about getting a K3 visa on the basis of PACS, which is not a Common Law marriage, and is not recognised in the US.

It's not clear what you want to do: do you want to live in the US or just visit there for extended periods of time? If you want to live there your best option is to apply for a green card on the basis of marriage. This of course assumes that you are a woman, as same sex marriages are not recognised by the US government.

[caramel79]

Thanks Marco,

Yes, I am a woman. Thanks for the suggestions, confirms what I already thought. Marriage is not an option at this stage however, I don't want to risk being expelled on arrival or having visa waiver privilege removed, so it looks like tourist visa application is the only option. I am not strictly speaking without a job - I am self-employed and can work "virtually" anywhere... it will be interesting to see what happens.

The answer to your question about whether I would like to live or stay for extended periods of time is this: I would like to spend as much time as possible in the US with a view to getting married in the future.

Again, thanks for your advice, any further suggestions on how to approach the interview would be greatly appreciated.

Cl79

[Marco 72]

Yes, I am a woman. Thanks for the suggestions, confirms what I already thought. Marriage is not an option at this stage however, I don't want to risk being expelled on arrival or having visa waiver privilege removed, so it looks like tourist visa application is the only option. I am not strictly speaking without a job - I am self-employed and can work "virtually" anywhere... it will be interesting to see what happens.

Unfortunately that would count against you: if you can work virtually from anywhere then your job won't show a connection to your country of residence. This means that if you are of working age you most likely won't get the visa. And if you are refused a visa you'll have to declare it each time you subsequently try to enter under the VWP (which could result in you being taken to secondary inspection and possibly being denied entry). If I were you I wouldn't apply for a visa and would continue to visit under the VWP, making sure I spend as much time in the US as I do outside.