UK > USA - Looking to Move

[Usui Takumi 1,562]

I'm 21 and she is 33. Lets assume I would be 22/23 by the time we decided to get married (I'm not saying marriage is certain AT ALL, it is a big step after all).

Would I be able to keep entering the USA on the Visa Waiver Program? Lets say I went for 90 days on the program, came back home for say 2/3 months, would I then be able to re-enter for another 90 days on the program?

At that age, any long stays would probably be a red flag to CMP. Yeah you can come and go on the VWP. As a general rule you don't want to stay more than 6 months in 12. You also don't want to come and go within a few days. Many people do this but again at every entry you must have proof of ties to the UK such as a lease and job, along with the funds to stay 90 days.

Realize too that if CBP hear about the gf they may become suspicious and turn you away.

Edited June 19, 2010 by Sousuke

[Adam_1988 0]

At that age, any long stays would probably be a red flag to CMP. Yeah you can come and go on the VWP. As a general rule you don't want to stay more than 6 months in 12. You also don't want to come and go within a few days. Many people do this but again at every entry you must have proof of ties to the UK such as a lease and job, along with the funds to stay 90 days.

Yes I guessed at that age it would be a red flag to CMP, but I'm guessing if we got married over there, and I was to stay over there, we would BOTH have to attend interviews to see that we are serious and not just getting married to get me a permanent stay in the USA.

And I am glad you answered about the VWP, 90 days is classed as 3 months in my eyes, and if we could do that a few times that would be great, who knows, after a few more visits or a couple of trips consisting of 90 days each we might be able to discuss marriage further.

What if there was a child involved? Say if my Girlfriend was pregnant with my child and I wanted to move over to the USA to provide and look after them both, is there anything that would allow me to live there under them circumstances?

Edited June 19, 2010 by Adam_1988

[canadian_wife 1,826]

If you were to go over to the US and get married, during the interview you may also have to show that you did not intend to get married in the US when you entered as a tourist. Entering as a tourist with intentions of marrying and adjusting status is visa fraud and can result in a lifetime ban from the US. To avoid this, you'll need STRONG ties to the UK - simply having family over there probably won't be enough. They look for things like a lease/mortgage, job letter with an expected return date, kids back home, enrollment in school, etc.

And no, a child in the US does not entitle you to anything.

Good luck.

Edited June 19, 2010 by canadian_wife

[Usui Takumi 1,562]

Yes I guessed at that age it would be a red flag to CMP, but I'm guessing if we got married over there, and I was to stay over there, we would BOTH have to attend interviews to see that we are serious and not just getting married to get me a permanent stay in the USA.

And I am glad you answered about the VWP, 90 days is classed as 3 months in my eyes, and if we could do that a few times that would be great, who knows, after a few more visits or a couple of trips consisting of 90 days each we might be able to discuss marriage further.

What if there was a child involved? Say if my Girlfriend was pregnant with my child and I wanted to move over to the USA to provide and look after them both, is there anything that would allow me to live there under them circumstances?

USCIS does not consider parents of USC until they are 18.

[Adam_1988 0]

If you were to go over to the US and get married, during the interview you may also have to show that you did not intend to get married in the US when you entered as a tourist. Entering as a tourist with intentions of marrying and adjusting status is visa fraud and can result in a lifetime ban from the US. To avoid this, you'll need STRONG ties to the UK - simply having family over there probably won't be enough. They look for things like a lease/mortgage, job letter with an expected return date, kids back home, enrollment in school, etc.

And no, a child in the US does not entitle you to anything.

Good luck.

Well as a general view I'm *NOT* going back to the USA to get married - yet, I would simply be visiting her.

I have stronger ties than family too, I could easily get a job letter, enrollment in any future College Courses etc.

USCIS does not consider parents of USC until they are 18.

That's strange, I thought if you had a child that lived in the USA and one of the parents lived in a different country you would think they would allow the parent who lives away from the child to live within the USA to provide for them.

[Usui Takumi 1,562]

Well as a general view I'm *NOT* going back to the USA to get married - yet, I would simply be visiting her.

I have stronger ties than family too, I could easily get a job letter, enrollment in any future College Courses etc.

Then my suggestion would be to visit her a few times in the next year or two. If you want to get married then either file a K1 or get married and file a CR1.

Well as a general view I'm *NOT* going back to the USA to get married - yet, I would simply be visiting her.

I have stronger ties than family too, I could easily get a job letter, enrollment in any future College Courses etc.

That's strange, I thought if you had a child that lived in the USA and one of the parents lived in a different country you would think they would allow the parent who lives away from the child to live within the USA to provide for them.

A USC can petition for a parent but they have to be of legal age.

[Adam_1988 0]

Then my suggestion would be to visit her a few times in the next year or two. If you want to get married then either file a K1 or get married and file a CR1.

A USC can petition for a parent but they have to be of legal age.

I think your suggestion there is what we were planning to do, use the VWP to visit as often as possible (obviously not too often, I doubt the USA would allow it).

But it looks as though with Marriage as long as you have the right documentation, ties back home, etc you would be able to live there permanently.

If, after Marriage I decided then to apply for a Work Visa (assuming I was living in the USA by this point) would I be able to start an application for that?

"Depending on your nationality, visas can be issued from a single entry (application) up to multiple/unlimited entries."

I think this falls under the VWP discussion, gives me hope!

Edited June 19, 2010 by Adam_1988

[canadian_wife 1,826]

With marriage, you still must apply for a K-1 fiance visa or a Cr-1 spousal visa.

You can apply for a work visa when ever you can, again the same conditions as previously stated apply. however, if you enter on a Cr-1 visa, it is work authorized so there is no additional application to work. A K-1 requires marriage and adjustment of status before you can work.

Again, you cannot use the VWP to enter the US with intentions of marrying and staying - regardless of the ties you have back home

Good luck.

[Adam_1988 0]

With marriage, you still must apply for a K-1 fiance visa or a Cr-1 spousal visa.

You can apply for a work visa when ever you can, again the same conditions as previously stated apply. however, if you enter on a Cr-1 visa, it is work authorized so there is no additional application to work. A K-1 requires marriage and adjustment of status before you can work.

Again, you cannot use the VWP to enter the US with intentions of marrying and staying - regardless of the ties you have back home

Good luck.

I was never intent on using the VWP to enter the USA to marry her and stay. The VWP is only valid for up to 90 days and I understand that. But the Tourist Visa seems more appropriate here if I said I was staying with a friend for the 6 months.

Applying for a Work Visa seems the best way to go about this, but I would rather start this process before I went to the USA, and then continue the process whilst I am over there, that way, me and her aren't missing out on any time together whilst the Work Visa process is ongoing.

[canadian_wife 1,826]

First, NEVER lie to a Border Agent. If you are staying with a girlfriend then you should say that. You really want to make this as easy for you as possible and that means always telling the truth

Take a look at that link I provided in an early post of all the classifications of work visas. Remember, it is long, arduous, expensive process. Good luck

[Adam_1988 0]

First, NEVER lie to a Border Agent. If you are staying with a girlfriend then you should say that. You really want to make this as easy for you as possible and that means always telling the truth

Take a look at that link I provided in an early post of all the classifications of work visas. Remember, it is long, arduous, expensive process. Good luck

I never intended to lie to the Border Agent, I used the 'friend' term too easily, sorry. I actually meant friend as in 'girlfriend', it's just sometimes 'girlfriend' seems like a loose term.

I took a look at your link and have a looked at a fair few of the types of Visas there. I know the Work Visa process of getting one can be long and expensive, but if I started it sooner rather than later (I'm not saying I'd start it tomorrow or anything), then in the right circumstances I could have a Work Visa sorted in perfect time.

[DukeOfYork 28]

That's strange, I thought if you had a child that lived in the USA and one of the parents lived in a different country you would think they would allow the parent who lives away from the child to live within the USA to provide for them.

A lot of people think that. And to their surprise, the anchor baby route just doesn't work for them.

Applying for a Work Visa seems the best way to go about this, but I would rather start this process before I went to the USA, and then continue the process whilst I am over there, that way, me and her aren't missing out on any time together whilst the Work Visa process is ongoing.

You start and finish the work visa in the UK before coming over. Remember, a company has to be willing to hire you and not be able to hire an American citizen who can do what you do. The USA isn't Australia or New Zealand, which grant 1 year work visas (my friend Jill just finished up her year in Oz) to foreigners. We're also not in the Commonwealth (we didn't like the idea of having English royalty as our head of state and we had a little spat over it), so that makes things harder for you.

The other option for you is the visa lottery or coming as a university student.

Has she considered going there to live for a bit? I think the UK gives out a civil partnership visa.

Edited June 19, 2010 by DukeOfYork

[Adam_1988 0]

A lot of people think that. And to their surprise, the anchor baby route just doesn't work for them.

You start and finish the work visa in the UK before coming over. Remember, a company has to be willing to hire you and not be able to hire an American citizen who can do what you do. The USA isn't Australia or New Zealand, which grant 1 year work visas (my friend Jill just finished up her year in Oz) to foreigners. We're also not in the Commonwealth (we didn't like the idea of having English royalty as our head of state and we had a little spat over it), so that makes things harder for you.

The other option for you is the visa lottery or coming as a university student.

Has she considered going there to live for a bit? I think the UK gives out a civil partnership visa.

Yes the UK seems quite trigger-happy on handing out Visas to almost anyone.

I understand what you said about the Work Visa but what I mean was that I would start the process of getting one before I left the UK for the USA (lets assume I was going to the US for 90 days), and during that 90 days I would get a reply sent to my home address regarding the Visa, and thus, the process of acquiring one has begun and I can continue the process of getting one once I got back home.

I think she has considered coming to the UK, but she knows I don't like living here and knows I'd rather be over there in the USA with her.

[NVC FAN :( 18]

Good luck coming here and finding a job, I do not know your field of study. but i have a BS and AS in the Technical Field and can not find a decent job to save my life.

Youll have a tough time with that part .

gl anyways

[Adam_1988 0]

[quote name=NVC FAN ' date='19 June 2010 - 02:15 AM' timestamp='1276913734' post='4013736]

Good luck coming here and finding a job, I do not know your field of study. but i have a BS and AS in the Technical Field and can not find a decent job to save my life.

Youll have a tough time with that part .

gl anyways

There are always other types of Visas I can come in on.

After a certain amount of time there you MUST be able to apply for General jobs? Like Admin, Store Worker etc..