Can my Australian partner visit the US for more than 90 days?
I am an American and my partner is Australian. We've been together nearly a year, and we're coming to America so he can meet my family and see where I'm from. We planned for him to use the visa waiver for 90 days, then go to Canada for the weekend and return, assuming another 90 days would be granted.
We've found out this isn't an option, and we're wondering what a more long-term visitor visa option would be for him, so we can stay in the States longer than 90 days.
We've looked into the B2 visa, but that doesn't seem likely as there's no US consulate where we are (in Tasmania). Please let me know my options!
Best Answer
As you've said, attempting to do a "visa run" to another country will almost certainly not work. There are specific rules for Canada (and Mexico and some other nearby countries), but even if he was to go to another country then he would most likely be refused entry on returning to the US.
The ONLY option for staying in the US for more than 90 days is to apply for a visa.
However given your circumstances, it's very possible that a visa would NOT be approved. The US frequently refuses visa applications from people from Visa Waiver Program countries, unless they have a specific need that requires them to stay in the US for more than 90 days. The fact you are a US citizen doesn't necessarily help his case here, as it could be seen as you moving back to the US and him living there with you.
If he does apply for a visa and it is refused then you unfortunately may end up in a far worse spot than you are in now, as he will need to declare this visa rejection when applying for an ESTA to use the Visa Waiver Program, which may lead to his ESTA not being approved meaning he can not travel to the US under the VWP (See https://help.cbp.gov/app/answers/detail/a_id/1097/~/previously-denied-a-visa-or-immigration-benefit)
Your best option might be to reach out to an immigration lawyer who will be able to provide the best option - be that risking applying for a visa, staying only for <90 days, or potentially getting married at which point he would be able to apply for a visa as your spouse.
Pictures about "Can my Australian partner visit the US for more than 90 days?"
Can you stay in the US for more than 90 days in a year?
You must apply for a visa (B2 visa) if you want to stay in the U.S. for more than 90 days, no matter what the reason. You must apply for a visa (B1 visa) if you are traveling to the U.S. for employment or business purposes involving remuneration, even if not staying longer than 90 days.How long can someone from another country visit the US?
Tourist or business travelers who are citizens of participating countries may be eligible to visit the United States without a visa. Visits must be 90 days or less, and travelers must meet all requirements.Can I extend my stay in US after 90 days?
It is possible to extend your stay past the allowed 90 days in the Visa Waiver Program but only in case of an emergency. Keep in mind that any extension is not to exceed 30 days.Can I visit the US for 3 months?
The Normal Rule The quick answer to the question of how long a visitor can lawfully stay in the United States for most people is six months. To be more precise, once an admission is determined to be \u201cfair and reasonable,\u201d the default position is that the visitor is granted a six month time period to stay.7 mistakes to avoid when applying for a partner visa in Australia
More answers regarding can my Australian partner visit the US for more than 90 days?
Answer 2
Assuming that your partner is coming for a visit (and not intending to immigrate) then the correct course of action in your case is to apply for a B2 visa. This might require you to travel to a US embassy on the Australian mainland.
Sources: Stack Exchange - This article follows the attribution requirements of Stack Exchange and is licensed under CC BY-SA 3.0.
Images: SHVETS production, George Pak, Samson Katt, William Fortunato