US IMMIGRATION

[joseph74 0]

Hi there!

My fiancée has recently been granted US permanent residency status, due to the sponsorship of a family member. Although we both currently reside in the UK, our intentions are to emigrate, once we have been married later this year. As the US do not offer a points based system, can you please advise how I can achieve immigration; or at least remain in the US on a long term basis?

I have searched the USCIS website and there appears to be a number of options, however, I have the following reservations:

As the Visa Waiver program only allows entrance into the US for a period of 90 days, would I be able to continually re-enter the US using this method, if I repeatedly travelled back to the UK and bought a return ticket?

Similarly the B-2 Holiday Visa allows entrance into the US for a 6 month period, however, is it possible to obtain an extension to this, as the US embassy in London has stipulated that only one application can be filed / granted within a 12 month period?

The other option would be for my fiancée to sponsor me via the I-130 Petition for an Alien Relative program. However, this requires the completion of an I-864 Affidavit of Support form along with federal income tax returns - something my fiancée has not yet filed (since she currently lives in the UK).

The other alternatives would be to apply for the V Visa for Spouses of Permanent Residents. However, I am not certain whether this visa is only applicable to cases over 3 years old. Finally would the process be easier if my fiancée immediately applied for naturalization upon her arrival into the US, and then sponsored me once she gained her citizenship?

Any advice that you may have would be greatly appreciated.

[Kez/JWolf 6]

You need to do more research... if your fiancee has only just got her Greencard she can not petition for a K1 visa for you to join her... even if you were married to her you would still be in for a long wait...

She can not become a USC on entry to the US she will have to wait 5 years before she can apply...

You could look into student visa's as a way of being able to be here in the US or work visa... you cant use the VWP to do what you are asking nor can you use a B2 (very hard to get from the UK) to live here...

Hope this helps

Kezzie

Edited October 31, 2006 by Kezzie

[Boiler 45,770]

The 2 usual ways are marriage and work.

Marriage is effective out for a LPR, would need to wait for Citizenship, so we are looking at maybe 6 years from entry to the US.

Work, well that depends on your education and marketable skills, Uou need a visa which allows dual intent, a H or a L, L is if your employer will trnasfer you.

A Student visa reuires non immigrant intent, which may be difficult to show. And of course lots of money to pay the uni fees.

You also do not mention your ties to the UK, as has been said getting a B is difficult, not impossible if you were for example retired.

Cut off date for V Visa's was a long time ago.

Edited October 31, 2006 by Boiler

[Yodrak 7]

joseph,

The VWP and the B2 visa allow people to visit the USA, not reside in the USA. Abuse such as you are proposing will soon be detected and you will find yourself unwelcome at a US POE.

Yodrak

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As the Visa Waiver program only allows entrance into the US for a period of 90 days, would I be able to continually re-enter the US using this method, if I repeatedly travelled back to the UK and bought a return ticket?

Similarly the B-2 Holiday Visa allows entrance into the US for a 6 month period, however, is it possible to obtain an extension to this, as the US embassy in London has stipulated that only one application can be filed / granted within a 12 month period?

......