Tourist Visa - Warning?

[Xanax 349]

To me it sounds like you are talking about couples who apply for the spousal visa after entering the US on either a tourist or other non-immigrant visa or the VWP.

In those cases - a 'spur of the moment' marriage is legal. A plan to come to the US using your tourist visa and plan get married, stay and adjust status via your spouse and get a greencard is not legal.

Planning to get married (either in the US or UK) and then your husband returning to the UK while you file for his visa in the US is absolutely fine.

The problem is only if he wanted to stay in the US and get the greencard without going back to the UK to finish the immigration process (interview and medical etc)

If your boyfriend needs to work as soon as he enters the US then a fiance visa will not work for you so you will need to either continue on the investment route or go for the Spousal visa (CR1). It's not a fast process though.

I think you mean AOS after entering on a tourist or other non-immigrant visa or VWP.

[*Snowdrop* 604]

I think you mean AOS after entering on a tourist or other non-immigrant visa or VWP.

I do mean that I was just trying to simplify the language for the OP. When you are right at the start of the process AOSing etc sometimes just makes things more complicated. When you've been on VJ several years you all this immigration slang and acronyms become second nature.

Looks like AOS on the VWP is not really an option for the OP now anyway.

[Xanax 349]

I do mean that I was just trying to simplify the language for the OP. When you are right at the start of the process AOSing etc sometimes just makes things more complicated. When you've been on VJ several years you all this immigration slang and acronyms become second nature.

Looks like AOS on the VWP is not really an option for the OP now anyway.

But, when you adjust your status (for VWP) you are attempting to adjust your status as the spouse of a citizen, you then get a green card, you do not get a spousal visa (CR-1 or IR-1), you do not go through that whole process, all you do is do the adjustment of status part of the equation as far as I am aware (I often get things incorrect though )

Edit: I just do not want OP more confused than she is with VWP, investment visas, AOS, CR-1, K-1. I thought it best to qualify.

Edited June 17, 2012 by BrittandDan

[Darnell 8,478]

those with the money, the minimum requirements needed for an investor visa - typically not need to come to a DIY Immigration Portal to learn how to do it - it's all in the instructions (with the caveat that those with the money are actual readers)

Good Luck !

[NYCGirl18 1]

To me it sounds like you are talking about couples who apply for the spousal visa after entering the US on either a tourist or other non-immigrant visa or the VWP.

In those cases - a 'spur of the moment' marriage is legal. A plan to come to the US using your tourist visa and plan get married, stay and adjust status via your spouse and get a greencard is not legal.

Planning to get married (either in the US or UK) and then your husband returning to the UK while you file for his visa in the US is absolutely fine.

The problem is only if he wanted to stay in the US and get the greencard without going back to the UK to finish the immigration process (interview and medical etc)

If your boyfriend needs to work as soon as he enters the US then a fiance visa will not work for you so you will need to either continue on the investment route or go for the Spousal visa (CR1). It's not a fast process though.

Ahhhh okay. Now THAT makes much more sense. Thanks. =) And it seems like what you said is what most other people who are replying are saying too - that the investment or CR1 route are the best options. =)

Question about the CR1 though - hypothetically, if he and I were to get married then apply for that visa for him while he's out of the country ... we could still have some sort of "wedding" when he's allowed back in the country on that visa, right? Even if we legally would already be married, we could still have a celebration with family and friends without any consequences? Oh - and - what documents would he need to get married here? Would just his passport suffice?

those with the money, the minimum requirements needed for an investor visa - typically not need to come to a DIY Immigration Portal to learn how to do it - it's all in the instructions (with the caveat that those with the money are actual readers)

Good Luck !

Thanks, my questions aren't/weren't about the investor visa and how to apply for it. He already knows everything he needs to do and has most of it already complete and ready to go. =) It was more a matter of whether or not he would actually be allowed back into the US once more in August or not, based on the fact that he's been coming in and out of the country so many times in the last 9 months, give or take.

[NYCGirl18 1]

Hi, welcome to VJ. I hope all the information I attempt to give you is correct, if it is not , I am SURE someone will correct me.

• In regards to the VWP and coming in and out of the US, your partner CAN be denied entry any time and would then have to go somewhere else, or home. If your partner is denied, I believe (and I could be wrong) he will no longer be able to use the VWP and he will have to get a tourist visa.
  
• In regards to the investors visa there seems to be 4 types according to google:
  

L-1A International Managers

Manager or executive works for foreign company that is related to a US company by 50% or more common ownership. The manager must have worked for the foreign company for one of the past three years and must be coming to the US company to work in a managerial or executive capacity.

E-1 Treaty Traders

Manager or executive from a treaty country controls substantial trade between the US and the treaty country. Substantial as a general rule means $500,000 or more a year of trade.

E-2 Treaty Investors

Owner or Developer of the new enterprise from a treaty country (see list of treaty countries) has 50% or more ownership in a substantial US employment creating investment. As a general rule substantial means $200,000 or more. Although smaller investments are often approved the risk of denial increases as one heads south of $200,000.

Eb(5) Immigrant Investors.

Individual invests $500,000 in a high unemployment area (150% of national unemployment rate) or $1,000,000 elsewhere and hires 10 persons within 2 years, or invests in a Regional Center and may use job multiplier studies instead of direct employment. Because this category has been controversial INS processing times are slow and unpredictable.

• In regards to the spousal visa, versus the K-1 versus what I think you meant by" I thought I've read that the US looks down on anything that was planned and that you'd need to prove the marriage wasn't planned but instead was spur of the moment (which doesn't make any sense to me, but okay...). " is getting married and adjusting status from a tourist, investor or VWP visa, it is whatever works best for you, though you cannot enter on a VWP with the intention to get married and adjust status. You see a lot of people going the K-1 route because it means they have 90 days to get married once they enter the states and it is a little quicker than the spousal visa (Cr-1 or IR-1 if married over 2 years), alternatively the spousal visa takes a little longer to obtain but once you enter the US you have LPR status, you do not have to adjust your status like with the K-1 and that means your spouse could work straight away.
  

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If I were you I would:

1) consider taking some trips to the UK myself first (it appears your bf has enough money to support the both of you if he has 100k-1m to invest in the US) and dating some more.

2) consider taking trips alternately to the US and UK and file for the k-1 as it is taking around 9 months to complete the process anyway and that is nearly another year of dating, once granted the K-1 you have 6 months to use it as well so if you still need more time you have another six months, so 9+6 = 15 months of dating before you would actually have to get married and if you include the 3 months you have to get married once in the states that is 18 month- keep in mind though you will be paying for the k-1 process and if you really have no intention of using the k-1 or you do have doubts this maybe isn't the right path, I would not recommend the K-1 or spousal visa for that matter if you were not sure, but nothing is certain, right?.

3) consider living in the UK.

3) continue on the investment visa side, though I feel that is risky with the market at the moment and if things didn't work out your fiance/ spouse would have ties to the US he may not want (but that is only my opinion)

** Keep in mind you should be able to enter and stay in the UK for 6 months just on your passport so you could do 3 months in the US, 6 in the UK, on, off, on, off (if you have the funds).

______________________________

edit:

It seems you are confused. Think about it, what % of people don't plan their weddings at all? It would be very odd indeed if the US favoured unplanned weddings for visa purposes (in my opinion)

It is not advised to adjust status from the VWP or another type of non-immigrant visa, people do it all the time, but you should not have intent to immigrate when you get off that plane and enter the US.

If for example your partner came into the US and you planned to get married and for him to stay that would be a big NONO. If your partner enter on the VWP and then you spur of the moment got married and decided to adjust status that is "acceptable". If your partner entered on the VWP and got married and then he left and you filed for the CR-1 visa that would also be acceptable.

The K-1 or CR-1 seem the safest bet, no matter what though you haveto prove your relationship is bonafide and not for immigration purposes.

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Wow, thank you for such a detailed answer! One thing I have a question on is this:

** Keep in mind you should be able to enter and stay in the UK for 6 months just on your passport so you could do 3 months in the US, 6 in the UK, on, off, on, off (if you have the funds).

^I could really be in the UK for 6 months without needing any sort of visa? Obviously I couldn't work, but I guess that is good to know just in case...

And yeah, between the both of us, if we ever were to go down the marriage route, we have more than enough evidence to prove our relationship is real. =) So many e-mails, letters, pictures, plane tickets, etc. So I think we'll be good there. =)

[NYCGirl18 1]

But, when you adjust your status (for VWP) you are attempting to adjust your status as the spouse of a citizen, you then get a green card, you do not get a spousal visa (CR-1 or IR-1), you do not go through that whole process, all you do is do the adjustment of status part of the equation as far as I am aware (I often get things incorrect though )

Edit: I just do not want OP more confused than she is with VWP, investment visas, AOS, CR-1, K-1. I thought it best to qualify.

Thanks.

[aaydrian 479]

Thanks, my questions aren't/weren't about the investor visa and how to apply for it. He already knows everything he needs to do and has most of it already complete and ready to go. =) It was more a matter of whether or not he would actually be allowed back into the US once more in August or not, based on the fact that he's been coming in and out of the country so many times in the last 9 months, give or take.

The point that is trying to be made is if your boyfriend has hundreds of thousands of dollars, why penny pinch instead of hiring a competent lawyer to answer the worrying questions you have or advise pertaining to how his past travels (due to future investments/pleasure) will affect his entry in August. Sites such as these just clue people in on immigration steps that apply to them, pretty much DIY as mentioned.

Edited June 17, 2012 by aaydrian

[Xanax 349]

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Wow, thank you for such a detailed answer! One thing I have a question on is this:

^I could really be in the UK for 6 months without needing any sort of visa? Obviously I couldn't work, but I guess that is good to know just in case...

And yeah, between the both of us, if we ever were to go down the marriage route, we have more than enough evidence to prove our relationship is real. =) So many e-mails, letters, pictures, plane tickets, etc. So I think we'll be good there. =)

Yes, it does appear that you can stay for 6 months- http://travel.state.gov/travel/cis_pa_tw/cis/cis_1052.html#entry_requirements

Europe is wonderful, if you can I would advise to seize the opportunity.

Oh and just to confirm, I am NOT saying I think CR-1 is best for your situation (as you thought I was).