Getting an American Visa!

[englishboy]

Hi all, I am new to all this so bear with me.

 

Me and my girlfriend have been going out over 2 years now, I live in the UK and she lives in the USA. We have seen each other every summer for 3 years and maybe once or twice in between. She finishes college next year and we both want to make it work and live together. We just want to be together and I have no problem moving to the USA, she may come to UK depending if she gets a job but more likely I will move there.

 

I just wanted to hear from anyone who is in a similar situation or been there and done it with regards to visa's in the USA. I have done a lot of research and the only ways I see is a) 6 month tourist visa b) get a job offer, and have a work visa (hard in this climate I would imagine but willing to try anything!) c) get married, which is too soon

 

Or has anyone moved from the USA to the UK to be with someone. I haven't done much research with this option but I would be interested if any of you have and how you did it?!

 

I look forward to any advice or tips you have to offer!

[TMichaels]

Welcome to the forum, englishboy...

 

Hate to break the news to you but given the current state of the world economy, it's not very likely you will be able to find a job in the U.S. and it may be just as difficult for your GF to find employment in the UK as a non-EU national.

 

I think you also might want to do some additional research, as because the U.S. VISA Waiver Program only allows UK visitors to stay in the U.S. for only 90 days a year.

 

Only way around that as you said is: Have an employer sponsor you via a Work Permit; be married; or a third option: you attend a bona fide college or university as a student under a student visa.

 

Another poster here, Rollercoasterr, is sort of our unofficial "expert" on immigration issues -- as she experienced going through the immigration hoops with her fiance who albeit was from Canada, not the UK.

 

However, if she drops by I am sure she will have some good information for you. In the meantime, you may want to check out the forums here at this site .

 

All the best,

TMichaels

[carhill]

Here's the UK site for visitor information applicable to US citizens 'visiting'.

 

http://www.ukba.homeoffice.gov.uk/visas-immigration/visiting/

 

One scenario is, since you've been together for over two years, you could 'visit' her for up to six months in the UK and, if you find yourselves sufficiently serious, 'sponsor' her on a K1 for her to join you here as your 'fiance', allowing 90 days to 'decide' whether marriage is appropriate and, if no joy, an additional 30 days for her to return. This presumes you and she meet the other requirements for the K1 to process successfully.

 

Generally, visitors to the US from VWP countries can remain 90 days under any circumstances without obtaining a visa, so that is an option as well, instead of going the K1 route.

 

Obviously, if either of you could secure appropriate employment sponsorship/license, then that would be a great way to go.

 

Living with someone for three months or six months is a long time. What appears to be a LDR should flesh out pretty well within those time parameters, then you can decide on next steps, whatever those are. Whatever you do, don't overstay. Good luck

[englishboy]

Thank you both for the reply

 

I think I have a more research to do first and see if it is possible to find a job. It probably is the worst time to even think of getting hired, but quitters never succeed I will endeavour to find out all the information I can so we can find the best way to make it work as I want it more than anything.

[Rollercoasterr]

My husband and I went the K-1 route for his visa. I DO NOT recommend it if you're not sure that you want to get married. A K-1 visa should not ever be used to test the waters because it is expensive and time consuming. When my husband and I applied for his visa it was $455 for the initial processing fee, $280 for his medical fee, and $350 for the interview fee, not to mention the fees he would have had if he didn't live in the same city as the consulate. Also, if you do decide to apply for the K-1, she should be prepared so show that her income is above the poverty line(in 2009 when we applied that was $18,212). If her income is not higher than that she will need to line up a co-sponsor for you. Right now people are experiencing wait times of almost a year before getting a visa granted to them. If you do decide to go that route you'll have to file a I-129F and include some basic evidence that you've met each other face to face within the past 2 years(you do NOT have to be together for 2 years before you are eligible to apply, a lot of people get this part wrong). That is something that you can't get around, but as you see her every summer you'll be good on that part.

 

As far as the work visas go, getting one for the US would be hard to come by right now with the economy in the shape that it's in. My husband had a really hard time getting a job as a greencard holder, because companies simply don't want to hire immigrants(and he's a Embedded Systems Engineer). Getting a visa to go to school here may be a little easier, but you'll have to have quite a bit of funds in the bank if I'm understanding it correctly, enough to live on while you're here(at least that's what I've heard).

 

Being a part of the VWP allows you to stay for 90 days in the US, but you must always remember that it's not guaranteed. Everything is up to the border official at the time of your arrival. Always make sure that you bring plenty of ties to your home country, especially if you tell them that you're going to see your girlfriend.

 

Good luck in whatever you decide.

[FitChick]

I've done this in reverse as I was engaged to a Brit. Upon arriving for visits I always told the Customs and Border officials that I was there "on holiday, visiting friends." If you say you are visiting a girlfriend, it might plant the seed in their minds that you might overstay. NEVER say you are looking for work!

 

You could avoid the whole hassle by flying into Mexico and joining the thousands of people walking over the Arizona border every single day.

 

There is a British Expats forum you should join. They will have more information based on personal experience. I joined one for US expats in the UK and saved myself a lot of money on immigration fees. Good luck!

[Rollercoasterr]

Never lie to a CBP official. I know that what FitChick is suggesting is not a lie and it's perfectly okay, but it is easy to start out like that and then progess into something bigger(being a member of VJ has let me see things like this happening). If CBP asks you a specific question, you answer it honestly. If you are attempting any kind of spousal visa to the US, customs officials can see this in their computers, so they already know what you're here for. After my husbands interview for his K-1 visa I came back to the US alone since he was going to stay a few extra months to finish school. When I crossed back into the US the border official ASKED me why my fiance was not accompanying me into the US.

 

Like I said, what FitChick is suggesting to you will more than likely not get you into trouble, but if you decide to go the K-1 route be honest. They can see in the computer that you've petitioned for a K-1 so they already know why you're at the border. Bring strong ties with you(return ticket,lease, letter from employer, bills) and always answer honestly.

 

I might also add that lying to a CBP official can carry a lifetime ban. So honesty is always the best policy!

[englishboy]

Thank you for both for your wise words. I'm not sure about the border crossing but I am sure it is possible

 

When you love someone and just want to be with them, you will do whatever it takes though!

 

I wouldn't plan to overstay if I did go on 90 day VWP visa either.

 

Even if I did get a company to sponsor me and want to employ me (i do know a couple of people that may do this) am I right in saying that there are only a handful of these types of "unskilled work" visas given out each year and on a certain date of the year.

Edited September 18, 2011 by englishboy

[FitChick]

I don't know if there is still a green card lottery. I know a couple of people who came here -- one from England and one from Ireland -- who "won."

 

As for "lying" to border officials, if you are visiting as a tourist, you say you are on holiday. If you have an application for any type of visa, that is a different story. The OP would be coming as a visitor or tourist. The relationship may not last, so the whole issue could be moot.

 

Again, go to the British expat website and see what other people have done.

 

A friend of a friend arrived in LA and in chatting mentioned she was visiting her daughter and also giving a lecture somewhere. They marched her back on the plane to LHR because giving a lecture required a business visa. So "forgetting" to mention that would have been better. They'd have no way of knowing she was lecturing to a small group her daughter belonged to. Never volunteer any information they haven't specifically asked for.

 

Make sure the company that might sponsor you knows what they are doing. Immigration attorneys and visas aren't cheap so if they miss one step, you could be deported once you are here. A friend of mine worked in London for several months. The company filled out all the paperwork themselves and screwed something up. So even though she'd been working and not on the dole, she was tossed out.

 

Isn't it amazing how both our countries open the floodgates so illegals can pour in and get benefits but give anyone trying to do things legally a hard time. It boggles the mind.

Edited September 19, 2011 by FitChick