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farmersdaughter

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Filed: Timeline

I am a USC and my boyfriend is in the UK. We met over there at a work event (we both work for the same company). His division will soon be closed and there is no available transfer to our US office. He wants to move over here and I'm trying to find the quickest way. In addition, how to make sense of what to do in the interim as it appears that this will be a 1-2 year process.

I'm not keen on the marriage thing, but it's an option (I'm just not favorable on marriage in general)

He doesn't have any advanced degrees, he's been in sales for the same company for 8 years

He wants to work, though I make plenty to justify support if needed

So, if he's made redundant this week, he plans to come over for 3 months and try to obtain a job - if he does find employment, can he work while the employer files the paperwork? It would seem that hiring a resource without being able to see the benefits for 6 months wouldn't be something any employer would entertain.

Should I hire a lawyer to sort through all of this?? Is the process any faster with an attorney? I just want the quickest way to get him here quickly and permanently (or as close to as we can get!). Also, in the interim, is there any way to get a visa that lasts more than 3 months? And if not, how long does he need to return for before he can come back to the US?

Thanks in advance for any advice.

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Filed: Citizen (apr) Country: Nigeria
Timeline

welcome to VJ and since you not keen on Marriage I am not sure which one would work for you because you would either have to get married then file the paperwork CR1/IR1 or get engaged with the stipulation of having to marry within 90 days of his arrival. I am not sure about the work visa I am sure someone else can come along and answer that for you. Also you dont need to hire an attorney unless you have a complicated case and lawyers do not make the process faster but I have read on here that they can slow the process down...One last thing there is no fast way it all takes time..... Please read the guides here on VJ (top of the page) and figure out what works best for the two of you....Good luck on your decision :thumbs:

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Filed: K-1 Visa Country: Wales
Timeline

Could he get a job transfer before his division closes and he is made redundant?

Otherwise he would be limited to a max of 90 days under the VWP.

From what you have said there would be no likely opportunity to get a move through a job, so marriage it would need to be.

“If you know the enemy and know yourself, you need not fear the result of a hundred battles. If you know yourself but not the enemy, for every victory gained you will also suffer a defeat. If you know neither the enemy nor yourself, you will succumb in every battle.”

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Your options are farely limited. Getting a work visa tot he US is no easy task - and no, it is not really advisably to come here under the VWP (which is what he would be using as a UK citizen) with the intention to immigrate. That's visa fraud, and that is essentially what he would be doing. He can come here for 90 days under the VWP program to spend time with you and maybe for you two to get a chance to discuss your options dace to face, but coming here under VWP and then just "findign a job and getting a work visa" won't really work.

To get a work visa, he would first have to find someone who is willing to not only hire him, but sponsor him for a visa. It takes time to go through that process, and it's also costly for the employer, so finding someone who is willing to do that is no easy task. After that, the employer would have to amke a case as to why they want to hire a foreigner over an American. He would have to show some specialized skills for the position he is considered for, and I believe ha also has to have at least a Bachelor's level degree to apply for the H1B. If the employer can make a believable case as to why hire him over an American, they could then proceed to file the actual paperwork for him. And no, he could not work while this process was in motion - he can only begin work once he is issued the work visa and proper authorization.

Unfortunately, when it comes to visas and especially to immigration - there is no fast way to go about it. Usually, you are looking at months of waiting and processing, and that's just the way it works. He could try to apply for a tourist visa that might allow him to stay for longer than 6 months, but he would be questioned about why he needs a visa that allows him to stay for more than 3 months since he could easily just use the VWP - and if he talked about his plans to possibly immigrate, tourist visa would be out of the window immediately.

If you two are planning to spend the rest of your lives together, and want to do that in the US, then marriage is, unfortunately, your best and easiest option. You could either take the K-1 fiance visa route, get him the fiance visa and once he enters the US with that, you would get married here and proceed to adjust his status to permanent resident. Cheaper, and probably better, option would be the CR-1, which would require you two to first get married and then apply for the CR-1 spousal visa for him. The benefits of this visa are the cheaper cost, adn the fact that once he enters the US with the CR-1, he immediately becomes a permanent resident and could begin working here right away.

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07/27/2011 - Day 146 - 2nd Card Production Email received

07/28/2011 - Day 147 - Post-Decision Activity Email from USCIS

08/04/2011 - Day 154 - Husband returns home from abroad; Welcome Letter and GC have arrived in the mail

("Resident since" date on the GC is 07/20/2011

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