Visa help for US

[vapourtrail]

I've been going through website after website and trying to find out as much info as possible about obtaining a US visa, and I am finding it overwhelming.

I am 33, UK citizen (born and bred!), I work in IT (17 years experience), no criminal record, clean records all round. I currently live in London.

My Girlfriend is 24, originally from El Salvador (but has been a resident in US for at least 17 years), and is applying for US Citizenship. She currently lives in LA. She is pregnant with my child.

Basically, I am looking for the quickest and easiest way(ha ha) for me to live with her in the US (LA) for approx 2-3 years. I fully intend on returning to the UK to live and for the child to be educated here in the UK.

I would like to do everything legally so as not to jeopardise any future visits to the US, and also I want the freedom to pop back home to the UK whenever I like.

So, questions.......

If I play by the rules on the VWP, and return home to the UK every 90 days, how many times can I get away with this before someone twigs and stops me entering the US?

If I stay longer than the 90 days, and have to return home, what are the chances of me being able to enter the US again without problems?

Every 90 days can I fly over to Canada/Mexico, come back to the US, and my 90 days starts again?

Is there a website for info on companies that employ UK nationals via the H1B visa?

People have advised me to just go over there, stay for longer than the 90 days, work illegally and cross my fingers every time I fly home for a short break. I'm not too keen on this idea.

Anyway, if someone has been through this before, or if anyone has any advice they care to share, I would most appreciate it, as I'm tearing my hair out at how complicated the whole process is.

[Kayalami]

If I play by the rules on the VWP, and return home to the UK every 90 days, how many times can I get away with this before someone twigs and stops me entering the US?

How long is a piece of string? Each time you enter the US the inspector will verify your intentions - such is influenced by factors to include your previous length of stay in the US and how recently this was. A rule of thumb is to use the VWP once every 12 months. Based on anectodal evidence I would expect you to get bounced at the second attempt or if you are lucky a referal to secondary inspection where I would expect you to get a warning not use the VWP in the near future (read 6-12 months). Note where the Inspector deems that you seek entry fraudently to include misinterpretation of a material fact he/she can place you under expedited removal proceedings and bar you from re-entry into the US for 5 years. This after you get a mug shot, finger printed and possibly detained overnight waiting for a flight back to blighty.

If I stay longer than the 90 days, and have to return home, what are the chances of me being able to enter the US again without problems?

None. You would no longer be eligible to use the VWP and must apply for a B1/B2 visa. Consular officers often reject B1/B2 applications from VWP applicants - after all 90 days are more than enough for genuine/ bonafide holiday/ business trip. In any case the application will be rejected since you have already shown a propensity to break US law. Of course if you were delayed in the US beyond the 90 days due to say breaking your leg (severe compound fracture requiring traction) on day 85 and being admitted to hospital for 14 days then the inspector would take this into consideration at next VWP entry.

Every 90 days can I fly over to Canada/Mexico, come back to the US, and my 90 days starts again?

No. Check the VWP conditions - to prevent 'creative travellers' from doing excactly this a re-set of VWP is granted if you depart the US to a destination other than Mexico, Canada and designated caribbean islands. If you go to Mexico, Canada etc you will be admitted for the reminder of your 90 days which in your case is none. AFAIK the inspector may exceptionally give you a fresh 90 days but if he/she doesn't you got to go home from Canada, Mexico etc which will often involve additional costs from buying new tickets etc.

Is there a website for info on companies that employ UK nationals via the H1B visa?

Not that I am aware of. H1B scheme has quotas and you need to meet the qualifications/ experience criteria

People have advised me to just go over there, stay for longer than the 90 days, work illegally and cross my fingers every time I fly home for a short break. I'm not too keen on this idea.

See my comments re expedited removal - I concur with your last statement.

Anyway, if someone has been through this before, or if anyone has any advice they care to share, I would most appreciate it, as I'm tearing my hair out at how complicated the whole process is.

Ideally obtain H1B sponsorship or failing that a student visa - F1 or M1 (disadvantage is student's can't work off campus). This will enable you to stay in the US until your g/f obtains US Citizenship. She can then petition for you to obtain an immigrant visa after your marriage. There are other visa options such as E2 Treaty but I don't think they fit into your category and require substantial funds.