Miketrix

Hi everybody,

I am working in the US under a L1-B Visa since August (I've been transfered from Belgium). I am not married (yet) but I am with my girlfriend since more than 5 years. I moved to NY for my work and she came with me at first under a tourist visa (Visa Waiver program).

She came twice in the US:
1°) From August 1st to 4th September (~1 month): to present her thesis as student in Brussels. She got graduated.
2°) From 22th September to the 14th December (~3 months).

We just came back in the US right after Christmas, and the Border agents took her for an interview (because of her "frequent" visits). They think she's trying to find a job illegally in the US, so they let her in this time but they warned her she couldn't come back after for 9 months.

We expected to get married in Belgium end of March 2009. So far, my girlfriend has no right for a VISA, but after marriage she could normally apply for a L2 visa at the US embassy in Belgium.

We are now worried about the border agent's warning that she could not come back before 9 months after her departure... We both well understand the immigration rules that protect US citizens from illegal workers, we never had intention of illegal work in the US territory (I earn enough for both of us to live & pay the rent), but we didn't want to get a speedy wedding just because of the VISA. But now, we feel like we may get trapped because my girlfriend entered the US 3 times under the VWP.

If there is anyone who had a similar problem, or if there is someone who has concrete answer to provide, it would be very helpful for us to know if there can be any problem in the case my (future) wife would come back in the US with her L2 visa, knowing that she got an interview and they probably marked her file at the border as being "restricted" for the next 9 months...

We cannot envision living separated for the next 9 months (after march), and I cannot just quit my job here so any kind help or advices will be appreciated.

I hope the above explanation was complete enough, please let us know if we could add more details for you to help us.

Many thanks in advance,

Michael.