Advice needed, unsure about options to bring boyfriend over

[Narcyssa 0]

I just found this forum tonight so I haven't checked what the usual circumstances here are for most people but, I (USC) met my U.K. boyfriend in an online game 8 years ago now and we have been together for 6. He visited me twice (once in 2012 and 2013, both on VWP) and we have not physically been with each other since due to not having been consistently employed until I got a part time job 2 years ago. Since then we have been veeery slowly saving up for a final move-in-together, but we have no idea how to go about this. I live with my mother who is severely handicapped and would be alone if I left, otherwise I would have gone to visit him (who also lives with his parents as he's only had temp jobs for the past 3 years) a long time ago. I am so desperate to be with him that at this point I guess I should just suck it up and take whatever options are available, but I am so depressed that I don't think I could handle it if I had to watch him leave me again due to these ###### USCIS requirements.

 

I don't really want to get married because we want to live together first for at least 6 months, but I read that if he stays a long time on a tourist visa he will/may have difficulty/long wait to get approved to return to the states, as well as the fact that we have been dating a long time so they may suspect he intends to marry me and not leave at the end of his visa and cancel his visa when he tries to enter the country. I would go live the 6 months with him and his family except that I have to take care of my mother. I am at the end of my rope here and lawyers give conflicting advice to what is on the USCIS website as well as on this site. I.E. they recommended to me and others here that if he comes over on a visa, not vwp, and if we end up getting married to do AOS and it would be considered fraud only if I was receiving payment or it could be proven that we were doing it just to get him a greencard. There's just so many warnings against this as well and I just am looking for the option where we spend the least amount of time apart. I heard it is easier if I am able to go to the UK and get married there, but I don't know how to find the steps to bring him home with me or if I would have to leave after getting married and be unable to be with him for several months to a year or more while our application is pending. If anyone has any advice because my situation is kind of specific in that I am limited due to financial resources and I have to take care of my mom or I'd have more freedom to go live with him instead.

 

Another thing the immigration lawyer I consulted said was that, K1 visas had a high denial rate. As well as the fact that my boyfriend would have to meet up again (havent seen each other for 4 years) & send him home just to even try for the K1, it seems like it would make more sense to get married and then do a spouse visa after sending him home instead of K1.

 

Would my boyfriend (or husband if we get married) be able to come to the US at any point during the application for any period of time? Or would we have to spend the entire time apart? If anyone can shed some light on this please do.

 

Thank you

[Boiler 45,558]

Well you have to meet Forster so a trip on the VWP seems the only option.

 

You can marry in the US, then he goes home and you file a CR1, you may need a joint sponsor, takes about a year.

 

K1 meet first and then file but takes 8 or 9 months and then another 4 months after you marry to get employment authorisation.

 

Sounds to me like the CR1 best fits.

 

Ditch the Lawyer, has no clue.

[geowrian 22,337]

The 6 month is an issue. He can only visit for up to 90 days on the VWP. If he tries for a B-2 visa then he needs to show his ties to return home and such, which has a considerable risk of being denied. Upon denial, his ESTA needs to be updated, and would very, very likely be denied. He would be left with no way to come to the US as a visitor. That's a huge risk and not one I would suggest. The <= 90 day visits are something many couples would do anything for.

 

NOTE: He cannot "live" in the US on a tourist visa or ESTA. He can visit.

 

For reference, the USCIS requirements are actually IMBRA requirements.

 

12 minutes ago, Narcyssa said:

I.E. they recommended to me and others here that if he comes over on a visa, not vwp, and if we end up getting married to do AOS and it would be considered fraud only if I was receiving payment or it could be proven that we were doing it just to get him a greencard.

If he comes to the US with the intention to stay, that's fraud. If he comes with intent to spend time with you, (maybe?) marry, and return home, that's fine.

 

12 minutes ago, Narcyssa said:

Another thing the immigration lawyer I consulted said was that, K1 visas had a high denial rate. As well as the fact that my boyfriend would have to meet up again (havent seen each other for 4 years) & send him home just to even try for the K1, it seems like it would make more sense to get married and then do a spouse visa after sending him home instead of K1.

I'd also suggest marrying and doing a CR-1 visa. It's cheaper, only a couple longer to obtain, and lets him work and travel right away. With a K-1, he can't work for 4+ months after marrying.

 

12 minutes ago, Narcyssa said:

my boyfriend (or husband if we get married) be able to come to the US at any point during the application for any period of time? Or would we have to spend the entire time apart?

Sure, he can visit. Just don't visit too often / stay too long so that CBP believes he is living and/or working in the US.

Edited January 13, 2018 by geowrian

[EandH0904 1,184]

I think meeting up again first would be good. You haven't spent time together for 4-5 years. People grow and change a lot in that time. Have him come over on VWP and if it's just as great, get married before he goes home. He can visit while your CR1 is in process. Be aware of the fees involved and the income requirements in case you need a co-sponsor. 

[jle2234 68]

1. If your boyfriend comes to the U.S. on a tourist visa with the intent to stay in the country, this is considered fraud and can prevent him from being granted entry/immigration in the future. He should absolutely only come on a tourist visa or VWP if he intends to visit only, and return home before attempting to immigrate.

 

2. I agree with @Boiler that CR-1 seems like the best fit for you. Your boyfriend could come over on a visit for a few months and, if you decide it's a good step for you, you can get married during the trip. He would then return home for the CR-1 application process. This will take about one year but, once it's approved, your boyfriend will be able to move and start working right away. K-1 will take only a few months less time, and he will have to wait before being able to work over here. CR-1 definitely seems like a better route for you.

 

3. And yes, your boyfriend can visit during the immigration process. There are many threads on the board about this that you can review for more information. He should travel with proof of ties to his home country (proof of employment, etc.) and proof of his immigration proceedings -- this will help him show border officers that he does not intend to stay in the U.S. illegally.

Edited January 13, 2018 by jle2234

[databit 328]

If he comes on the VWP, WARNING: Don't push his departure close to the 90 days. Do 3-4 fewer days. If there was a flight delay or cancellation or a missed flight, an illness, a passport questioning, miscounting the days, or anything, really---overstaying by even a few hours on a VWP results in never being able to use the VWP to travel to the US again. Getting a regular B-2 visa is much more work.

[Narcyssa 0]

Thank you all so much for the fast replies. I also had a question, while doing the CR1 should I also file I-485 for AOS? As in it will cost $1k in fees right off the bat? Or do I wait for my spouse to arrive under CR1 before filing for AOS? Just want to make sure to help with our calculations

[Boiler 45,558]

AOS is something you do with the K1 not CR1.

[deepfineleg 13]

Boyfriend can visit on VWP.  Six months will be an issue. Maybe you can also travel meet your requirement of six months.

 

Alternatively, Boyfriend can apply for tourist visa and/or you can apply fiance visa for your boyfriend.

 

It appears that you are not sure, otherwise, you can marry and go CR1 route.

[geowrian 22,337]

9 hours ago, Narcyssa said:

Thank you all so much for the fast replies. I also had a question, while doing the CR1 should I also file I-485 for AOS? As in it will cost $1k in fees right off the bat? Or do I wait for my spouse to arrive under CR1 before filing for AOS? Just want to make sure to help with our calculations

No AOS needed for a CR-1...he would enter the US as an LPR already and get the green card in the mail shortly afterwards.

[caliliving 606]

You have not seen each other in 3 to 4 years...I think the most logical step is have him come visit for 60 days and see how you guys get along and then go from there. 

 

This is not cheap so you must be prepared for that.

 

Nothing else to say you need to meet before you can apply for any visa also since a requirement is to have met in the past 2 years. 

[JFH 12,190]

23 hours ago, Narcyssa said:

 

I heard it is easier if I am able to go to the UK and get married there

 

Stop listening to whoever told you that. Americans need a visa to marry in the U.K. There is also a 4-week notice period required (you must register your intent to marry at least four weeks before you are allowed to marry, and you can only register it if you have been living/staying there for at least 7 days. So in reality you would need a visa and at least 5 weeks in the U.K. to get married there. Whereas your friend can fly to Vegas on Monday and be married within an hour of the plane landing and leave that same day and would not require a visa or any form of residency or waiting period.