Originally Posted by SusanDK
I asked the visa 'expert' at the U.S. Embassy if there was another type of visa, eg. non-immigrant visa, so he could have unlimited visits and not have to worry about the 90-day limit on the VWP (in case we ever decide to spend a few months in the U.S.) and I was told there was nothing. I find it hard to believe, but the U.S. Immigration website didn't shed any light either.
The most appropriate NIV would likely be the B1/B2 but due to his eligibility for an IV by virtue of his marriage to a US citizen, he would find it hard to show compelling ties to Denmark. Even if the B1/B2 were to be issued, you would eventually run into problems at a POE and potentially face a 212(a) ruling with a 5-year ban on entry due to the marriage.
You are in a catch-22 situation that many couples find themselves in whereby the US Immigration laws do not support "dual intent" (the law requires an officer to assume that you want to become a permanent immigrant). At least you have the luxury of the VWP - there are many couples from non-VWP countries who are forever banned from simply visiting their spouse's homeland due to the "grey area" in the law above.
My suggestion here (and I am NOT a lawyer so take it with the appropriate pinch of salt) is to file an IV petition as a spouse and then apply for parole. When the PR status is approved, maintenance of the status will require periodic visits - but nothing that appears outside of your current travel patterns. I know of at least two other couples who do this and while it is not ideal (having to rush and make trips just to get the passport stamped before a certain date to comply with the laws is never fun), it is probably the most efficient solution to the problem - and gives the flexibility to remain in the US as long as you want.