Originally Posted by SusanDK
What kind of visa do you suggest in this type of case?
I've been going round and round with the American Embassy in Denmark about a visa for my husband and they are basically telling me that there is no visa that fits our situation.
I'm a U.S. citizen, he is Danish. We live in Denmark, but have recently purchased a second home in the U.S., and visit 3-4 times per year for 2-3 weeks each time (with longer visits planned in future).
So far he always enters under the VWP, but we thought we should get something more permanent for him. An immigrant visa isn't correct because he would have to spend the majority of his time in the U.S.
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.
So what visa might be available to a citizen of a VWP country, who needs more than an occasional 90-day or less visit, but doesn't want to immigrate?
Susan
K3/K4 visas are clearly not appropriate in these circumstances as they are immigrant visas.
It strikes me that he needs a B2 Visa. I saw an earlier post that you may not stay more than 180 days per year in the USA. My understanding is that this is not correct. A B2 visa can be extended to allow for periods of up to one year in the USA.
A B-2 Visa is Suitable For: Tourists on a pleasure trip to the U.S., People visiting friends and relatives in the U.S., People coming to the U.S. for medical treatment, Foreign nationals coming to the U.S. to marry a U.S. citizen or Green Card holder, upon establishing to the consular official and the USCIS that after the marriage, they will depart from the U.S., even though intending ultimately to immigrate, Dependents of nonimmigrant for whom no derivative classification is available. For example, the elderly parent of an E visa holder
To qualify for a B2 tourist visa, you must demonstrate that:
• The purpose of your trip is to enter the U.S. for business, pleasure, or medical treatment
• You plan to remain in the U.S. for a specific, limited period
• You have a residence outside the U.S. as well as other binding ties, which will insure your return abroad at the end of the visit
The B-2 visa duration varies between single entry with one month's duration, and multiple entries with five years' duration.
Other posters have mentioned that the inspecting officers at the POE presume an intent to immigrate and this is indeed correct. However having credible and sufficient evidence to compelling ties abroad that indicate clearly you intend to return home overcomes this problem.
Marriage to a US citizen does not so far as I am aware make your husband inelligble for a B2 visa. As an aside a B" visa is one that allows you to apply for adjustment of status or another class of visa providing there was no intent to adjust at the time of application. So should you decide at some point in the future that your husband wishes to immigrate to the USA this should not present a barrier.
That said of course no visa whatever classification guarantees entry to the USA that is soely the preserve of the officials at the POE.