Which Visa ?

[Greybeard 1]

I am a UK citizen, a 77 year old grandfather.

My fiance is a 76 year old permanent resident of US, still holding a UK passport,( but with children and grandchildren who are US citizens), and has lived there for 50+ years.

Her late husband was also a LPR, who died 12 years ago.

Which type of visa do I need ?

I have been visiting on a tourist visa for 2 months at a time, but the separation between visits is getting us both down, and we want to be together permanently.

(She turned me down when I was 17, lost contact for 60 years, but now accepted me !)

She has medical conditions that make travelling problematic, and I am willing and happy to join her permanently in USA.

If the K visa is not appropriate, do we get married on my next visit, and immediately apply with a I-130 (?) form etc. ?

Any and all advise welcomed,

John

[aleful 1,905]

hi

you should have gotten married sooner, get married as soon as you can

she can file the i130, but the process will take between a year and a half to two years because she is only a legal permanent resident, so it takes longer

you can visit but not overstay and adjust status

the K1 visa is only for fiancés of US Citizens so the only path is to get married and file the i130, with the G325A for each of you

Edited March 21, 2016 by aleful

[Greybeard 1]

........you can visit but not overstay and adjust status

Just to be clear - you suggest we get married during my next (tourist visa) visit, which I have already booked, flights for a 2 month period.

Then she files the I-130 etc., and I return to UK.

I am free to continue making such visits until the I-130 is processed, which might take up to two years

Then, at some stage, during a visit, I stay on, and apply for a status adjustment.

If this is all correct, do I maintain my 'purpose of visit' being holiday with friends, or will the I-130 application already be flagging up my status at the POE.

Thanks for your help,

John

Edited March 21, 2016 by Greybeard

[akihon 129]

If you are entering the US on a B-2 tourist visa with intent to immigrate, that is visa fraud.

[NikLR 13,227]

How long has she been an LPR?

[Greybeard 1]

NLR

About 48 years, as far as I can work out.

akihon - I'm sure you're right. But first you need to prove intention, and that is not my preference.

[NikLR 13,227]

Why does she not apply for citizenship?

No you dont apply for adjustment of status in the manner you are stating. You apply for an immigrant visa. As an LPR spouse that would be an F2A.

[Greybeard 1]

NPR

Thanks for your input. Since first posting the question, I have done a great deal of reading, both here and the various US Gov. sites, and I'm now much clearer in my understanding of the long term procedure.

As to why she doesn't wish to take US Citizenship I'm not prepared to press her for an explanation.

Being somewhat advanced in years I have acquired a degree of discretion when it comes to such matters.

John

Edited March 25, 2016 by Greybeard

[Boiler 45,549]

The easiest and quickest solution would be for her to go back to the UK.

Otherwise you need to marry first and then looking at a couple of years.

I presume you have looked into your Health Insurance requirements.

[Greybeard 1]

Very true, Boiler, but with massive DVT, and PE, traveling is out.

Yes, I have accepted the two year scenario, and can only hope we both survive the course.

Till then, we make the most of my two month visits.

John

[Greybeard 1]

If you are entering the US on a B-2 tourist visa with intent to immigrate, that is visa fraud.

Just to clear this up, akihon, I go to USA on a visa waiver program, so if you carefully read the attached screen shot, second paragraph, from the uk.usembassy.gov site, you will see that no fraud is being committed.

John

Edited March 26, 2016 by Greybeard

[MacUK 983]

Just to clear this up, akihon, I go to USA on a visa waiver program, so if you carefully read the attached screen shot, second paragraph, from the uk.usembassy.gov site, you will see that no fraud is being committed.

John

What is meant is, you cannot go to the US on a tourist visa or VWP with the intention of staying permanently in the US and not leaving at the end of the trip. That is fraud.

Visiting the US is fine during the visa process, as long as the immigration officer at the airport is satisfied that you'll return to the UK.

[Boiler 45,549]

Moot anyway, no visa number available.

[Greybeard 1]

Dear MacUK,

Please read the second line of my post #3.

I have read all of the page that I have attached to post #11.

Please credit me with some common sense.

[NikLR 13,227]

That wpuld be lying to the CBP because you would be intending to stay.