How can I (Indian, 28) visit my fiance (pursuing a master's degree in the US) for a few months?

Question

About me:

I have worked as a freelance developer (sole proprietor) in the crypto space for the past about a year. In these 12 months I've worked with only one client that pays me well and is based out of the US. My proprietorship has been registered for the last 3-4 months only, and before this I was working as a natural person. Prior to the freelance work, I held jobs in a couple of Indian data analytics companies for 5 years.

About my fiancé:

Pursuing a STEM master's degree in a good US university on an F-1 visa. Her course will get over in May 2023.

My options:

1. We are getting married in December 2022 and I will be eligible for an F-2 visa post that. Is it advisable to take this route? My concerns with this option:

• Only one semester of her master's degree study will remain. Will a visa officer give me an F-2 for such a short duration?
• What are the chances of getting an F-2 visa anyway? Are visa officials inclined to not give F-2 visas to ensure that the F-1 visa holder eventually returns to their home country?

2. Get a B-1/B-2 tourist visa; the purpose of visit would be to visit my friends in the US. Concerns:

• Indians aren't getting appointments till 2024 for this visa type. However, there are rumours that some slots will open up later this year.
• I've heard that my age, nationality and job are all not favourable in the eyes of visa officials (for tourist visas)

3. Get a B-1 visa; the purpose of visit would be to meet my client and attend a conference in the US. Concerns:

• Since my client is in the US, this is genuine. There are many reasons for me to meet the team I work with and many conferences I should attend in the US. But this client work will take a maximum of one week. Will a B-1 visa allow me to stay with my fiance for a few more weeks/months post that?

Answer 1

I don't think there's any visa that will let you work in the US for a period of several months without working for a US employer that is willing to apply for a visa on your behalf.

The F2 and B visas do not allow work. Traveling to the US for business meetings is allowed on (and indeed the very purpose of) B1 status, and while you're unlikely to run into trouble if you do remote work for a day or two while otherwise engaged in allowed activity, the same does not apply if you plan to stay for several months with no other visible means of support.

If your US client is willing to hire you as a full-time employee and apply for a visa on that basis, that would be a path forward.

I'm sure that this answer is not what you want to hear, but unfortunately it is the reality of the US immigration system at the present time.

Answer 2

Unfortunately, the more 'portable' you are, the more likely you are to be refused a visa. The authorities will demand sufficient evidence that:

1. You can support yourself for the duration of your visit.
2. You will return at the end of the visit.

Having some family and assets is good, but it is not as if your business is tied to physical objects in India. For that matter, some skepticism may even attach to the crypto space at this time.

Note that since an F2 does not permit employment, and working in any fashion, no matter who is paying you, counts as employment, you will have to show available assets sufficient to cover the entire visit. You might even be asked to explain how your business will survive for the long period of time that you will not be working.

Answer 3

The simple answer is just get an ordinary B1 visa. And of course, you can stay for a week or two longer, to visit friends, see the Grand Canyon, or whatever.

The basic problem you're facing is that you're trying to stretch a week to apparently "months".

The extremely short answer is unfortunately, it will never happen.

If India was a visa waiver country, it would be no problem, as you know.