Couple of quick questions

[Maviarab 1]

Hi there

About to embark on this crazy journey soon but just after a couple of quick questions answered if anyone can help.

First, we think we may need/probably need a co-sponsor...now her brother who currently lives with her earns more than enough to sponsor me, BUT, he has not filed his tax returns in the USA for the last couple of years (lazy, too much hassle, could not bothered/not really sure why)...when it comes to the paperwork, would he actually be any use to us because of this?

And second question, I am going over there to see her for 12 weeks on the 3rd November, if we were to get married while I was there, can we start the process while I am still there before I come back to the UK to try and reduce the time we are going to be apart?

Thanks in advance,

Mar

[Krikit 1,164]

And second question, I am going over there to see her for 12 weeks on the 3rd November, if we were to get married while I was there, can we start the process while I am still there before I come back to the UK to try and reduce the time we are going to be apart?

Yes.

I am going to move your thread from the UK Regional Forum over to the CR-1 Forum as the best place to receive a response to your other question. Welcome to VJ.

[Maviarab 1]

Ok...was not sure the best place to be honest, but thanks for your prompt reply, very much appreciated

Also (mind is marshmellowed right now), under the C-R1 Visa, I know it's unlikely I would be able to go back to see her while it is being processed, but would she be able to visit me?

Mar

Edited October 22, 2011 by MarTiff

[Krikit 1,164]

No worries.

Lots of people visit back and forth during the process. Just make sure you bring plenty of ties and have a backup plan. Same goes for your upcoming 3 month visit. You're probably going to be on their radar with the frequent visits and this next one is going to run the length of your allowable time. They're going to start looking at you as spending more time in the US than out. Come armed with proof that you're returning to the UK, including a return ticket.

[Maviarab 1]

Thank you again Krikit, your help is truly appreciated

Mar

[JoannaV 174]

Her brother will have to back-file his taxes if he is going to be a sponsor.

After you return to the UK she can visit you, and you can also visit her but that will involve slightly more thought. In general, you want to spend more time outside of the US than you do inside it, although this can vary over a short period of time. Ultimately it all decides on the immigration official you get: some are very understanding and will assume you're doing everything legally and so will be quite happy for you to spend a lot of time in the US whilst you await your visa. Others tend to be suspicious of absolutely everything. (Which doesn't necessarily mean they won't admit you, but it kind of makes you a little wary of returning again if they do.)

My own visit schedule looked like this:

10 days in US visiting boyfriend.

month in UK

3 weeks in US visiting fiance

3 weeks in UK

month in US visiting fiance ((married during this visit and afterwards he spent week in UK)

month in UK

3 months in US visiting husband

5 weeks in UK

6 weeks in US visiting husband

Back to UK for a month before immigrating :-)

[Maviarab 1]

Excellent stuff, thank you again Joanna...and yes I know about the time in and out (took the liberty to email them last week for some peace of mind, this is what I got back)

Discussion Thread

Response (Mark) 10/21/2011 05:36 PM

Dear Marius,

Visitors with the visa waiver program are allowed to spend up to 180 days in any 12 month period in the US. The time is calculated based on your travel dates and can continue from one calendar year into the next. There is no set amount of time you have to stay out of the US before coming back, but you need to make a meaningful departure, and that is usually at least 2 to 4 weeks if you have been here for close to 90 days. If you want to spend more than 90 days at a time in the US the best thing to do is get a B1/B2 visa from a US embassy or consulate. Since you are visiting your girlfriend it may be good to carry documents that show you live in another country such as a copy of your lease or mortgage or a letter from your employer. I hope this answer helps and you enjoy your visits to the US.

Mark

Information about B1/B2 visas and the visa waiver program

http://travel.state.gov/visa/temp/types/types_1262.html

US Embassies

http://www.usembassy.gov/

Please note that in our online tracking software, a “Solved” status simply means that we have provided you with the best information we have to your question. There may still be steps you need to complete before your situation is resolved to your satisfaction. Those steps are explained in our response. If you need further clarification on those steps, please feel free to contact us back.

With regards to her brothers tax returns, is he likely (I have no idea) to get into any bother for late filing or is that a relatively simple process for him to do?

[wee carrington 33]

Excellent stuff, thank you again Joanna...and yes I know about the time in and out (took the liberty to email them last week for some peace of mind, this is what I got back)

With regards to her brothers tax returns, is he likely (I have no idea) to get into any bother for late filing or is that a relatively simple process for him to do?

It's a pretty simple process, I had to do it, but I also have Foreign Earned Income Exclusion. He might have to pay back taxes and a penalty depending, from what I've read. Have a look at the IRS website. http://irs.gov

[Maviarab 1]

Thank you Mrs GH