Getting a B-2 Visa two months after staying 90 days in the US (application, applying)

[Kormac]

I'm a Spanish citizen who just finished his studies in Germany. Soon I'll be moving back to Spain, but I'm planning to spend some time in the US during this and next year with my boyfriend and visit some universities I might apply to.

My idea was to fly to the US in September with the Visa Waiver Program and stay almost 90 days, then go back to Spain for about 2 months and apply for a B2 Visa, and then stay again in the US for 5 to 6 months.

I spent 3 weeks in the states last March, and a month on August 2013. I'm worried about not being let in when I arrive in September because I was there not too long before, and/or not getting the Visa because of the same reason.

I'm not planning to do any kind of paid work and have never had problems with immigration or done anything illegal while in the US.

Should my plan work?

[Threestep2]

You realize that you will not be able to use VWP should your B2 application be denied?

[Kormac]

Yes. That's why I wonder how long I should stay out of the US before applying for one, and if it it would still be too risky.

Would it be safer to travel both times with the VWP, instead of applying for a B2? How much time should I stay in Europe between both trips?

Thanks

[Hesky]

I think there are two risks:

a) Having the B2 visa application denied for the reasons you described;
b) Even if the application is approved, you could still be turned back at the port of entry. This risk can be mitigated by ensuring you never mention your boyfriend anytime you are entering the United States. The CBP officer might see it as a risk that you have dual intent and/or that you may overstay your i-94. This is the most common reason I've seen people turned back at the port of entry.

Since you are going to be applying to some universities, you might as well complete that process and come back with an F1 student visa, as that would be much less risky.