Moving to the US or having residency

[firehawk1010 9]

Hi.

How does the process work given this:

I have a visa for the USA (B1/2) which was approved and issued by the US Embassy in the UK in London.

I have a girlfriend in the USA.

I want to be able to move there (and work) and be with her.

What do I need to make this happen so I can move there and gain residency so I can live there and work?

What are my options?

Thanks

[Penguin_ie 5,993]

**** Moving from US Citizenship to General Immigration forum as citizenship is many years away for OP ****

The B2 is not relevant to working or living long term in the USA.

Would you consider marriage? If so, the K1 fiance visa is the fastest way to move to the USA, 6-8 months, but you won't be able to work for 3+ months once you get there, and have th get married within 90 days of arrival. There is also the CR-1 spousal visa- you'd have to get married first, it takes a month or two longer than the K1, but you get a greencard upon entry, so can work and travel immediately.

Other than that, if you do not wish to get married a work visa is your only long term option (or possibly a F1 student visa if you have the funds and want to study). Do you have any special skills that might get you a work visa?

Edited March 18, 2012 by Penguin_ie

[firehawk1010 9]

Thanks for the kind response.

Yes, I would consider marriage (if she wants to get married... it's early days!). As for work, well I do eventually want to work for the company I used to work for but its very competitive in terms of not only re-entering the company but working in the USA office due to competition etc... etc... but I think it would be made easier if I lived in the US, as it would be less work for them and less money spent.

you refer to the K1 visa - what if I get it and im not able to move to the USA within say 2 years? Is there a limit on when you have to move to the US?

As for not being able to work for 3+ months once I get there - what is the reason for this?

would I get the greencard on the K1 visa upon entry? (there is no spouses involved in this instance)

[Nich-Nick 3,354]

Thanks for the kind response.

Yes, I would consider marriage (if she wants to get married... it's early days!). As for work, well I do eventually want to work for the company I used to work for but its very competitive in terms of not only re-entering the company but working in the USA office due to competition etc... etc... but I think it would be made easier if I lived in the US, as it would be less work for them and less money spent.

you refer to the K1 visa - what if I get it and im not able to move to the USA within say 2 years? Is there a limit on when you have to move to the US?

As for not being able to work for 3+ months once I get there - what is the reason for this?

would I get the greencard on the K1 visa upon entry? (there is no spouses involved in this instance)

Read this whole page for comparison of the visas http://www.visajourney.com/content/compare

You get a greencard if you enter as a spouse. With the fiance visa, you have to marry within 90 days of entering the US or go home. You can't get a greencard until you're a "spouse". The greencard application takes a few months. That's why the delay working.

[JimVaPhuong 4,863]

Thanks for the kind response.

Yes, I would consider marriage (if she wants to get married... it's early days!). As for work, well I do eventually want to work for the company I used to work for but its very competitive in terms of not only re-entering the company but working in the USA office due to competition etc... etc... but I think it would be made easier if I lived in the US, as it would be less work for them and less money spent.

you refer to the K1 visa - what if I get it and im not able to move to the USA within say 2 years? Is there a limit on when you have to move to the US?

As for not being able to work for 3+ months once I get there - what is the reason for this?

would I get the greencard on the K1 visa upon entry? (there is no spouses involved in this instance)

The K1 is specifically for a foreign fiance/e who intends to marry a US citizen in the United States. You're required to declare your intention to marry in order to get the visa. The US citizen fiance/e must submit a petition to USCIS. Once the petition is approved and forwarded to the consulate then you'll be able to interview at the consulate for the visa. Once issued, the K1 visa is only valid for six months, and can only be used to enter the US one time.

The K1 is technically a non-immigrant visa. This is because no relationship exists that would be eligible for an immigrant visa at the time the K1 is issued. This means a K1 visa holder does not automatically get a green card when they enter the US. They are granted 90 days of authorized stay when they enter. A K1 visa holder is eligible to apply for a green card after entering the United States, and based on the K1 petition, but only if they marry the petitioner within that 90 day window. A K1 visa holder does not become authorized to work in the United States until they've received either a green card or an employment authorization document. You can apply for the employment authorization document at the same time you apply for the green card, but not before. It usually takes about three months to get the EAD, which is why you can't work for at least three months.

[Penguin_ie 5,993]

With most visas, including the CR-1 spousal visa and the K1 fiance visa, you msut use it within 6 months of it being issued. If you know you won't be ready for a while, it would be better to wait with filing, or you can delay things a few months at the various staged by not sending your paperwork back for a few weeks.

[firehawk1010 9]

Thanks folks. I appreciate the responses and helpfulness! it means alot.

So lets say for example I/we apply for the K1 or K3 but it doesnt work out for whatever reason, would I still be able to enter the US as per normal, given that I have a B1/B2 visa?

im a little confused (even looking at the comparison chart) on which one should be applied for.

[Penguin_ie 5,993]

You probably will still be able to use your tourist visa, but may face closer scrutiny- bring ties to your home country, proof you will return.

Forget the K3, it is obsolete. Your choices are K1 or CR-1; which one your partner will petition for will depend on your life and plans. For example if you wish to get married in the UK/ anywhere but the USA, you MUST chose the CR-1. If being able to travel immediately is important (for business or due to elderly parents), choose the CR-1. If working immediately is an important point, chose the CR-1. The good point about the K1 is that it is faster- your fiance could send in the paperwork tomorrow.

[firehawk1010 9]

Thanks.

Well, I have loads of ties here in the UK - family, my business (Self employed) and I live in the UK. have bank accounts here too, pay tax etc... etc...

Future plan is to live in the US and work in the US. As long as I am able to get this, and be able to still travel and return to the US, thats all that matters.

[Nich-Nick 3,354]

Thanks folks. I appreciate the responses and helpfulness! it means alot.

So lets say for example I/we apply for the K1 or K3 but it doesnt work out for whatever reason, would I still be able to enter the US as per normal, given that I have a B1/B2 visa?

im a little confused (even looking at the comparison chart) on which one should be applied for.

I think they void the B1/B2 when they give you a new visa. Just visit and don't work and see if the relationship developes to a marriage committment. Then go for actual residence in the US. It's a long and costly process to just "try it out" for 90 days. You can go for 90 days on Visa Waiver.

The basic fees

CR1 route = $912 + £259.50

$420 (USCIS) I-130

$88 (NVC) Affidavit of Support fee

$404 (NVC) Immigrant Visa fee

£35 ACPO Police certificate

£210 (Knightsbridge Doctors) medical exam

£14.50 (DX Secure) Courier fee

K1 route = $1760 + £259.50

$340 (USCIS) I-129F

$350 (Embassy) Visa fee

£35 ACPO Police certificate

£210 (Knightsbridge Doctors) medical exam

£14.50 (DX Secure) Courier fee

$1070 (USCIS) Adjustment of Status/Work Authorization/Advance Parole

Edited March 18, 2012 by Nich-Nick

[firehawk1010 9]

Thanks. the cost doesnt matter to me

Sure, there will be me travelling to her for a while to see if it will work, but then after that, she would want me to live there and I do too. I'm just trying to gather information and plan it out so we know what we are doing and there wouldnt be delays or anything etc...

the medical exam you refer to - what exactly is this for?

[Nich-Nick 3,354]

Thanks. the cost doesnt matter to me

You missed my point. You asked if the fiance thing didn't work out so I thought you meant if you decided not to marry after getting a fiance visa. You would have spent 8 months, lots of money, 50-100 sheets of paperwork, two trips to London, had blood tests, x-rays and shots just to get 90 days to visit the US. There would be no work or residency just having a fiance visa.

the medical exam you refer to - what exactly is this for?

To become a permanent resident of the US, you have to have a medical exam and immunizations. There are a number of things that might make one inadmissable to be granted residence in the US...medical reasons, drugs, crimes, terrorism. The reason you can't use VWP anymore may or may not affect your plans to be granted residence vs allowed to visit.

[firehawk1010 9]

Thanks. wow, alot of complications just for what may seem a straight forward thing.

medically I am clean, done no drugs or drink ever. have no criminal record either (and have evidence of this). I dont have any health issues, take no "pills" or anything. not disabled either.

[Nich-Nick 3,354]

Thanks. wow, alot of complications just for what may seem a straight forward thing.

medically I am clean, done no drugs or drink ever. have no criminal record either (and have evidence of this). I dont have any health issues, take no "pills" or anything. not disabled either.

Sounds like you will be fine

It's impossible to answer somebody in a paragraph when they say "How do I live in the US?" Best to just start reading the guides and faqs in the menu bar of this website, instructions for the forms, the uscis.gov website. Look at the income level your US sponsor will need to prove. Save evidence of your trips to the US to prove you have met in person (for K1 visa). Then when you are ready, you will have a good understanding of it. It starts to make sense after reading it over and over.

[firehawk1010 9]

Thanks. I really appreciate all the advice here. I guess I just want to make sure I do things correctly, not mess up to put anything in jepordy. thats my concern.

she currently doesnt work, but studies. lives with her parents and her kids. I however have income and means of living off from my savings for a good 8 months or more if I were not to work.

she will work once she completes her studies but for now, I will be the one to support myself financially.