Need advice

[Emogirlkelsey 0]

I am an American citizen my fiancée is a British citizen he came here on a Esta it is about to run out I found out recently that I am pregnant with twins they are his we aren't sure how to extend or change the visa without him having to leave we are also considering going to England but we are just trying to figure out which way we could extend his long enough to be able to get my and our already living two sons passports to get to England

[aaron2020 11,651]

Where do you want to live? US or UK?

There is no way to extend his visit. However, you could marry in the US and he can seek an adjustment of status and get a green card to live in the US. This route will require him to remain in the US for at least 90 days before he can get authorization to work and travel internationally without abandoning the process.

Edited January 27, 2015 by aaron2020

[-Shana- 152]

I'm pretty sure you can't extend an ESTA while in America, but I could be wrong. Wouldn't a lot of people do it and defeat the purpose of the 6 month tourist visa people have to apply for?

Also, you'll find people here are clued up on immigrating to the US but not the other way around in general! Your UK fiance will have to be earning over a certain amount of money for you to be able to come to the UK though, I think the amount rises depending on how many kids you have too.

[Dohan 133]

I second what aaron2020 said for adjustment of status. If you want to move to UK, please see this https://www.gov.uk/join-family-in-uk/eligibilitythe financial requirements are listed as well.

[Nich-Nick 3,354]

He obviously wasn't trying to circumvent immigration and stay when he came to visit on VWP. He even still thinks he has no option but to leave. I agree with post #2 if you are planning to marry.

You might like reading this thread http://www.visajourney.com/forums/topic/532897-approved/as an example of one who did the same.

[yuna628 9,700]

As far as returning to the UK with him, unfortunately the issue for the two of you will be passing the financial requirement. Your fiancé would have to prove that he could not only support you but also your children. It is very steep, and increases with each child. This burden is on him and him, alone as the law restricts any outside assistance. For instance to support you he would need to make the required £18,600, but for each child this increases a further £2,400. This requirement also demands he be drawing that income in a job worked for at least 6 months. I won't even begin to tell you the amount of savings he would be required to hold if he wanted to rely on that instead of income. The rules are the same regardless of if you are a fiancé or already married. This is why many couples have elected to stay in the US or other countries or have not been able to return to the UK with their spouses and families.

So as for your options in America, you could go with the suggestion in post #2, or you could marry send him home before his VWP expires and file for a spousal visa, or send him home before his VWP expires and file for a K1, marry, and adjust. Two of the options involve being separated, and the other does not. Keep in mind that you will then have to meet the American financial requirements of support in whichever of these you chose. You can not extend your stay on a VWP/ESTA.

[rinimina 7]

If his ESTA hasn't expired yet, you could get married and file for an AOS. Even then though you would still need to prove that you make enough money to support him and your kids. Also, you cannot extend his ESTA. It all adds up to where you guys want to live though... make up your mind before his ESTA and I-94 expire because the day his I-94 expires he is out of status.