Best way to be able to stay in the US?

[SalishSea 17,842]

33 minutes ago, DebbieLS said:

My tone wasn’t accusatory in the slightest, I’ve thanked everyone for their contributions in every response and not once did I express emotion towards the information you have all kindly shared. I simply asked further questions (my apologies if they appear to be stupid questions to you).

 

We were all new to this once. I was merely trying to understand it that was a legally possible route, seeing as I have read of someone else who took that option. That’s all. 
 

These forums are such a valuable source of information and knowledge, I just wish it were a little less hostile towards those of us navigating our journeys for the first time. Thank you all for the advice, I will take all into account as we move forward. 

The ‘hostility’ comes from people here who have waited (and are waiting) years to be together, going through the legal channels in the queue.

 

Sometimes new people coming in who want to ‘jump’ that queue, trigger hostility.

 

Since you’re not even divorced /eligible for any of the visas in question yet, you may want to focus on the legal routes to your eventual goal.   US immigration is a very long and expensive process, and those of us who have been through it can tell you that focusing on what seems “quick” is not the best approach.

[SusieQQQ 11,586]

56 minutes ago, Boiler said:

By far the quickest option is to move to the UK. US timelines with the change of Administration are going to go through the roof.

My thoughts too. If being together in 2021 is top priority, this is probably the best route. I don’t know how long a UK spouse or whatever visa takes but gotta be faster than the US.  Can then both wait there while the US spouse visa gets processed if the long term goal is to settle in the US. 
 

 

Edited December 28, 2020 by SusieQQQ

[igoyougoduke 1,656]

20 hours ago, DebbieLS said:

Hi all,

 

We're feeling slightly overwhelmed with the information and options on this, so hoping some of you may be able to help

 

I am currently in the US under the VWP seeing my boyfriend. We are trying to plan ahead for how to be together for 2021, we'd both like it if I could live in the US.

 

1) I work in an administrative role and have had previous management roles - but no specialist qualifications, so I don't think a work visa would be possible (is this the case?)

 

2) Is our best (and perhaps only) bet - to get married? And if so, would it be better to do this abroad and then apply? Or me to return on another 90 day stay either VWP or Fiancee visa and marry then? Or is there any other option we should be thinking of?

 

3) Does anyone know at what point of the process I would legally be allowed to work here also? 

 

4) And lastly - can anyone offer any clarity on re-entering on a 2nd VWP - how long should I be out of the country for before attempting to reapply? I have read online that it is advised to be out for as long as you were in, but I can't seem to find any definitive answer for this.

 

Many thanks!

The simplest thing that every expert here is telling you is that you cannot stay in the US and wait out until you get green card.  There is no waiting visa for waiting it out. Its just that simple. Plus anyways you cannot work or travel even if you try that unless you get DHS work authorization.

 

There is no legal route for you to do that. Immigration is a slow pace especially in COVID times. Your best bet is get married anywhere in the world. Than your spouse can start CR1 visa meanwhile you can wrap things up in UK and once CR1 is approved you can apply for immigrant visa at the embassy in UK to get a immigrant visa. 

 

Enter on VWP to marry is ok but entering on VWP with the intent to adjust status and settle down would be fraud.  i think this has been repeated but saying it again. 

[JFH 12,190]

10 minutes ago, SusieQQQ said:

My thoughts too. If being together in 2021 is top priority, this is probably the best route. I don’t know how long a UK spouse or whatever visa takes but gotta be faster than the US.  Can then both wait there while the US spouse visa gets processed if the long term goal is to settle in the US. 
 

 

In non-COVID times it was around 12 weeks, all told. I don’t know if COVID has slowed it down at all but it’s safe to assume it has had some negative impact on the processing times. It’s highly likely that it’s still much faster than the US process. 
 

OP, have you looked into your boyfriend moving to the UK? It is a more expensive process but it is much quicker. Sounds like it would be your best option since money is not a concern and you want to be together ASAP. Neither US process is likely to have you living here before the end of 2021, especially as the divorce is not yet final. 

Edited December 28, 2020 by JFH

[Boiler 45,557]

Uk has an expedite option

[SalishSea 17,842]

10 hours ago, Boiler said:

Uk has an expedite option

Hardship-based, or just a fee to pay?

[Boiler 45,557]

Just now, Jorgedig said:

Hardship-based, or just a fee to pay?

Pay.

[SalishSea 17,842]

6 minutes ago, Boiler said:

Pay.

If that was an option here for family and marriage-based visas, the expedite queue would quickly become as fraught as the regular queue, as everyone would do it.  

[Boiler 45,557]

Some time ago but a friend brought his wife in from India in a month so saw no need to expedite.

[SusieQQQ 11,586]

1 hour ago, Jorgedig said:

If that was an option here for family and marriage-based visas, the expedite queue would quickly become as fraught as the regular queue, as everyone would do it.  

They have actually publicly said they won’t do it because it advantages richer people over poorer ones, and people should not be able to jump the line in immigration because they have more money (yeah yeah I’m just the messenger don’t talk to me about inconsistencies). 

[SusieQQQ 11,586]

UK website says 12 weeks, depending on country of application can get priority decision in 5 days (they say available in most countries) and super priority in 24 hours!!! It seems an absolute no-brainer to go this route if the priority of the couple is being together as soon as possible.

 

https://www.gov.uk/guidance/visa-decision-waiting-times-applications-outside-the-uk#if-you-want-to-join-family-in-the-uk

 

If you want to join family in the UK

You should get a decision within 12 weeks of attending your appointment at the visa application centre, where 1 week is 5 working days, if you are applying to settle in the UK as a:

• spouse, partner or family member of someone who has British citizenship or is settled in the UK

You may be able to get your visa faster or other services depending on what country you’re in - check with your visa application centre.

If you are applying as the dependent of another applicant, you will get your decision at the same time.

If you are applying for an EEA family permit or an EUSS family permit you will get a decision as soon as possible after attending your appointment at the visa application centre.

 

Priority services – get a faster decision

Collection within 5 working days (priority service)

If you verify your identity at a visa application centre and the service is available in the country you’re applying from, you can choose the ‘priority service’ when you apply. There will be an additional cost for this service.

A decision will be made within 5 working days of your appointment at the visa application centre.

Check with your visa application centre to see if the priority visa service is available in the country you’re applying from. The priority visa service is available in most countries.

Collection within 24 hours (super priority service)

If you verify your identity at a visa application centre and the service is available in the country you’re applying from you can choose the ‘super priority service’ when you apply. There will be an additional cost for this service.

UK Visas and Immigration aims to make a decision on your super priority visa application and contact you to let you know that your passport is ready to be collected within 24 hours from when you submit your biometric information.

Check with your visa application centre to see if the super priority visa service is available in the country you’re applying from.