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Hello, I have been googling this but it is all rather complicated for me, so I am wondering if anyone can explain my options to me. I want to go visit my fiance in USA in a few months. We plan on getting married in this time, the situation is a bit complicated though, I am from schengen area, so I can stay in the us without an official visa for three months. Right now the plan is to stay a bit longer htan that in the USA, about four to five months, so clearly over my allowed stay and then go to my home country for a year or more (our laws are way more easily understandable honestly haha). Every time I google I just get these permanent residency laws, where youd live in the usa after the marriage. What are my options?
It's a very easily navigable site and should answer all your questions. BUT you should be cautioned very strongly against overstaying your visit without a visa as you may find yourself unable to return to the US. You have plenty of time to get a visitor's visa for the US if it's needed, so do it.
I don't completely understand your question but you shouldn't overstay your three month visa as that would get you in trouble and you might never get a permanent visa. (If you want a permanent visa). You are getting married this time, while you are here?
If you eventually want to stay here you need to follow the strict rules. Have you ever checked out Visa Journey? It's a good website for immigration.
... I am from schengen area, so I can stay in the us without an official visa for three months. Right now the plan is to stay a bit longer htan that in the USA, about four to five months, so clearly over my allowed stay and then go to my home country for a year or more ...
OP, you probably know that you need an ESTA under the visa waiver program. You're allowed to stay up to 90 days and your passport will be duly stamped and the details electronically recorded upon entry to the US. Note the USCIS directive on overstaying:
"Failure to depart the United States on time will result in you being out of status, can void your visa, and may make you ineligible for visas you may apply for in the future. Review Visa Denials, Ineligibilities and Waivers: Laws, and section 222(g) of the Immigration and Nationality Act to learn more."
I understand the language barrier but by NOW you'd think aliens INTENDING to blow by the regulations would grab an English guy in the library and have them walk through the rules.
the consequences today may result in a ten year ban no return. sheesh.
a) VWP with ESTA (if qualified) give up to 90 days.
b) B2 if approved gives up to 180 days. Once a B2 application is disapproved the VWP option does not apply any more. My only concern is what OP wants to present as binding ties with a pending marriage in the US?
Overstay can backfire as in non-entry or B2 refusal.
I agree with other posts. Getting a B-2 visa should be the easier option at this point. With that you can stay up to 6 months and go back to your country and later come back whenever necessary.
I know sometimes it's tricky to get a B-2 visa, but if you are a citizen of those countries with Visa Waiver Program, you shouldn't have much problem getting B-2.
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