180 day rule ESTA & B Visa

I am waiting for my K1 visa as I'm engaged to a US citizen. I currently have 145 days spent this year in the US using ESTA. I've been told that the K1 visa application may not be granted until end of November. We will be in Europe for 2 weeks at the end of September. Can I apply for a B visa and start a new clock in terms of days already spent here? I am a consultant and can work on my projects in Europe whilst here. I also am involved in a real estate project in Chicago that will require I spend some time here so maybe the B1 would be most appropriate?

Best Answer

There's no clock, and the US has no 90/180 rule. For VWP travelers, the rule is 90 days per visit, and for B visa travelers, the rule is six months per visit. Getting a B visa is not necessary.

Your more likely problem is overcoming the statutory presumption of immigrant intent, given your pending K-1 application. This applies to both VWP travelers and those with B visas, so getting a B visa won't help you there. It's also unclear to me whether you are allowed to apply for another nonimmigrant visa while the dual-intent K-1 application is pending.

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How long do you have to leave the US before returning on an ESTA?

Therefore, the length of time of your total stay, including the short trip, must be 90 days or less.

How many times can you enter the US on a B1 visa?

If you have a B1/B2 visa, you can visit the United States whenever you want to \u2013 as long as your passport is valid. The B visa is a multiple entry visa, which means you can use it to enter the United States more than once.

How long can visitors stay in the United States with a B1 B2 visa?

B1 and B2 visa holders are allowed to stay in the US for up to 6 months at a time. Each visa application will be assessed on its own merit, and the adjudicating officer may grant a stay of less than 6 months \u2013 this is the maximum period for an initial stay under the B classification.

Can I stay for 6 months on B1 visa?

Up to 6 months; maximum total amount of time permitted in B-1 status on any one trip is generally 1 year.

What is the 90 180 Day Rule? What does it mean to visitors to Spain?

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