Can this be done easily? helpful guidance needed

[wemp61 1]

I am a Permanent Legal Resident..since 03/2001...single 69 years old..about to retire....last year reconnected with lady in Uk....known each other since we were teenagers...plan for her to join me here in USA..has been out 3 times in past year...she is financially self supporting and owns a debt free property in UK....

We have long term plans to possibly marry but not an issue at this time.....would a visa waiver visit with change of status application be a viable option? Do not want to really get into a fiance based visa application nightmare...any suggestions or advice?

[milimelo 4,565]

I am a Permanent Legal Resident..since 03/2001...single 69 years old..about to retire....last year reconnected with lady in Uk....known each other since we were teenagers...plan for her to join me here in USA..has been out 3 times in past year...she is financially self supporting and owns a debt free property in UK....

We have long term plans to possibly marry but not an issue at this time.....would a visa waiver visit with change of status application be a viable option? Do not want to really get into a fiance based visa application nightmare...any suggestions or advice?

Spouse of LPR would fall under F2A visa and immigrant visa numbers are not immediately available - there is a 2+ year wait for that. So, adjustment of status would not be an option for you. Also, LPRs can't petition a fiance - only USCs can.

Have you thought about naturalizing?

[wemp61 1]

Spouse of LPR would fall under F2A visa and immigrant visa numbers are not immediately available - there is a 2+ year wait for that. So, adjustment of status would not be an option for you. Also, LPRs can't petition a fiance - only USCs can.

Have you thought about naturalizing?

Have thought about that!...cost always put me off before and no urgency....was something I thought about in relation to the question..would there be any issue if she came on the Vwaiver and stayed for the 90 days?..and returned to Uk...beleive there is a yearly max for days visiting.....any other viable options?

[milimelo 4,565]

Have thought about that!...cost always put me off before and no urgency....was something I thought about in relation to the question..would there be any issue if she came on the Vwaiver and stayed for the 90 days?..and returned to Uk...beleive there is a yearly max for days visiting.....any other viable options?

Well she can come visit as part of VWP - requires having proof of return ticket, ties to Britain - job, property, family... As long as she does more time outside the US than in US she'll be fine visiting. Over 180 days in US she becomes US resident for tax purposes and has to file a tax return on worldwide income - something to consider.

Other options - move to UK? I know they changed their own sponsorship laws so may want to look into that side before deciding.

[wemp61 1]

Hey Thanks for input..very much appreciated

[Nich-Nick 3,354]

I am a Permanent Legal Resident..since 03/2001...single 69 years old..about to retire....last year reconnected with lady in Uk....known each other since we were teenagers...plan for her to join me here in USA..has been out 3 times in past year...she is financially self supporting and owns a debt free property in UK....

We have long term plans to possibly marry but not an issue at this time.....would a visa waiver visit with change of status application be a viable option? Do not want to really get into a fiance based visa application nightmare...any suggestions or advice?

I just have to ask... Exactly how long are "long term" plans when you're 69 years old? This isn't the dress rehearsal time of your life. If you want the lady around permanently, then time to start the show.

For her to live here by 2014 you need to begin now. That would include US citizenship and marriage. It would take several years if you remain an LPR and impossible if you dont marry. Several options are available.

Citizenship> apply for K1 fiancé visa> arrival in US> marry> apply for greencard

Citizenship> marry> apply for CR1 spouse visa> greencard upon arrival in US

Marry> citizenship> apply for CR1 spouse visa> greencard upon arrival in US

If the cost of citizenship puts you off, then the cost to get her here and a greencard will be a deal breaker. The fiancé and spouse visas are equal "nightmares", however I didn't find them to be that way. Just know you have to follow instructions, pay fees at every step, then sit back and wait without knowing when it will happen.

Also look into how her healthcare will be covered. Do you have employer insurance plus Medicare? Can you add a spouse and it continue for both of you after retirement? Do you need to marry before retirement in order to get family retirement policy? I believe she will get Social Security equal to half of yours, based on your SS contributions. Also she should be eligible for Medicare based on a spouse. If she gets a UK state pension, check IRS for rules about being eligible for Social Security and a state pension. There's some kind of double dipping rules in place. Forgot the name...Windfall something or other??? I believe a private pension is okay and know it can be paid in the US. The state pension may require deciding on one or the other...whichever is higher. I forgot but it's a tax issue.

A ninety day visit might be good to see if living permanently in the US suits her and if you two can stand each other for the long term. You could be getting your citizenship out of the way in the meantime.

[cathy2904 97]

Nich-Nick makes great points (as usual) about healthcare and pensions etc, but I thought I would share our experience as an older couple wanting to be together in the US.

My husband and I have also known each other since we were children and reconnected in our 40s. After a few years in a long distance relationship, I decided to leave my job and make a few longer visits under the VWP, just to be sure I wanted to move to the US permanently. I stayed for 8 weeks the first time and we got engaged during that visit. I went back to the UK for a month but when I returned for a second 8 week visit I was taken into secondary processing. They let me in after some questioning but told me that I would need to get a 'proper' visa the next time as I obviously had immigrant intent. We started to look into our options and realised that the fiancé visa was not an option for us as my husband was an LPR. We knew we could file for a spouse visa but knew that would involve a wait. He had been an LPR for over 20 years but when we decided to get married he filed for citizenship. We were married a few weeks later and then filed the I-130 so both processes ran jointly. You can see our timeline in my signature but for us it took under 8 months from filing to visa in hand. The separation was tough and it certainly wasn't cheap (and we're not done yet) but it was certainly not a nightmare.

Good luck whatever you decide to do. My advice? Go for it!

[wemp61 1]

Nich-Nick makes great points (as usual) about healthcare and pensions etc, but I thought I would share our experience as an older couple wanting to be together in the US.

My husband and I have also known each other since we were children and reconnected in our 40s. After a few years in a long distance relationship, I decided to leave my job and make a few longer visits under the VWP, just to be sure I wanted to move to the US permanently. I stayed for 8 weeks the first time and we got engaged during that visit. I went back to the UK for a month but when I returned for a second 8 week visit I was taken into secondary processing. They let me in after some questioning but told me that I would need to get a 'proper' visa the next time as I obviously had immigrant intent. We started to look into our options and realised that the fiancé visa was not an option for us as my husband was an LPR. We knew we could file for a spouse visa but knew that would involve a wait. He had been an LPR for over 20 years but when we decided to get married he filed for citizenship. We were married a few weeks later and then filed the I-130 so both processes ran jointly. You can see our timeline in my signature but for us it took under 8 months from filing to visa in hand. The separation was tough and it certainly wasn't cheap (and we're not done yet) but it was certainly not a nightmare.

Good luck whatever you decide to do. My advice? Go for it!

[wemp61 1]

Hey thanks everyone.....pretty much as I thought about everything but great to have the input....will do the citizen route etc,,,,cost was only a factor in the past because pretty much only benefit was to vote....not $$ to throw around but not an issue ....and on a very personal basis Susan was the love of my life then..and now!!..so thanks for all good wishes..we can work it out!!..Thanks again....oh and 70 is the new 45!!..or so they say!!

[cathy2904 97]

Trevor had never felt the need to naturalize either. We went to see the King's Speech on the day we posted off his application and he cried his eyes out - he felt like such a traitor. But of course he says it was all worth it to be finally able to be with the love of his life after a 35 year wait.

[Nich-Nick 3,354]

Hey thanks everyone.....pretty much as I thought about everything but great to have the input....will do the citizen route etc,,,,cost was only a factor in the past because pretty much only benefit was to vote....not $$ to throw around but not an issue ....and on a very personal basis Susan was the love of my life then..and now!!..so thanks for all good wishes..we can work it out!!..Thanks again....oh and 70 is the new 45!!..or so they say!!

It's been great for us too. Wasn't being cheeky about your age. We are way older than Cathy. I was speaking as someone who's only worry during the wait was would I die before the visa was granted.

[wemp61 1]

Trevor had never felt the need to naturalize either. We went to see the King's Speech on the day we posted off his application and he cried his eyes out - he felt like such a traitor. But of course he says it was all worth it to be finally able to be with the love of his life after a 35 year wait.

Hey Cathy..thanks for support..and thanks for taking the time..makes a difference..have sent copy of stuff to Susan.....know she says thank you as well..

[wemp61 1]

I just have to ask... Exactly how long are "long term" plans when you're 69 years old? This isn't the dress rehearsal time of your life. If you want the lady around permanently, then time to start the show.

For her to live here by 2014 you need to begin now. That would include US citizenship and marriage. It would take several years if you remain an LPR and impossible if you dont marry. Several options are available.

Citizenship> apply for K1 fiancé visa> arrival in US> marry> apply for greencard

Citizenship> marry> apply for CR1 spouse visa> greencard upon arrival in US

Marry> citizenship> apply for CR1 spouse visa> greencard upon arrival in US

If the cost of citizenship puts you off, then the cost to get her here and a greencard will be a deal breaker. The fiancé and spouse visas are equal "nightmares", however I didn't find them to be that way. Just know you have to follow instructions, pay fees at every step, then sit back and wait without knowing when it will happen.

Also look into how her healthcare will be covered. Do you have employer insurance plus Medicare? Can you add a spouse and it continue for both of you after retirement? Do you need to marry before retirement in order to get family retirement policy? I believe she will get Social Security equal to half of yours, based on your SS contributions. Also she should be eligible for Medicare based on a spouse. If she gets a UK state pension, check IRS for rules about being eligible for Social Security and a state pension. There's some kind of double dipping rules in place. Forgot the name...Windfall something or other??? I believe a private pension is okay and know it can be paid in the US. The state pension may require deciding on one or the other...whichever is higher. I forgot but it's a tax issue.

A ninety day visit might be good to see if living permanently in the US suits her and if you two can stand each other for the long term. You could be getting your citizenship out of the way in the meantime.

A huge thank you...so much to wade through without your input to get the answers you have given me ...remember all my PLR paperwork..fill out pay..wait and wait and wait..thank you so very much for all your great input....watch this space!!!

[wemp61 1]

It's been great for us too. Wasn't being cheeky about your age. We are way older than Cathy. I was speaking as someone who's only worry during the wait was would I die before the visa was granted.

oh..a ps......didn't think for a minute you were being anything but concerned with ref to age!!....and again..thanks for sharing so much so quickly......

[bigdog 376]

Good Luck with this whole process.