US Girlfriend - Please help with my options!

[Mrstrain14]

Hi all,

Firstly, thanks to all who setup and run this site, I came across it today and it's excellent.

Let me explain my situation and request some assistance if i may:

My girlfriend is a US Citizen living in California, I am a UK Citizen and will be aiming to relocate to the US in the next 12-18 months. We would both prefer to live in the US than the UK.

Having done some research and looked through several posts on this forum, I have realised that my options are more than limited. I do not qualify for a work-based visa in any way, plus this is an exceptionally long process. I may qualify for the Diversity Lottery through my Father (Northern Irish) however I have missed entry for 2010 and this may be scrapped when immigration laws are reviewed by President Obama.

I also noticed that a UK Citizen can obtain a work visa (teaching, for example) and then this qualifies their UK Citizen partner (NOT spouse or fiance) for a visa, in order to travel and reside with them. A friend of mine has just obtained his visa through this method. It doesn't seem fair that a US Citizen, who is already a resident and does not need a permit, cannot bring their partner over to be with them.

Therfore, this leaves me with 2 options: the K-1 fiance visa, which as I understand takes 6-8 months to process and allows entry to the US to marry within 90 days. My girlfriend and I, whilst marriage is something we have discussed for the future, is not something we want to do for the sake of a visa, so for now this option is discounted.

The second option is a B-2 visitor visa, which allows me multiple trips during a period of upto 10 years, and each visit can be for a duration of 6 months (depending on the immigration officer) with option to extend for a further 6 months once admitted into the US.

I understand the B-2 visa does not give me right to work; in fact it differs from the VWP only in the length of time I may stay in the US on one 1 visit. My girlfriend and I would ensure we have the means to support me during those 6 months, so working would not be required in any case. At least we could be together for an extended period, and I could then review my options at the time.

My questions, therefore, are as follows:
1. Do I have to basic facts correct regarding these 2 Visa options mentioned?
2. What alternatives are there for us - all we want to do is be together as law-abiding, working, tax-paying residents who just happen to have been born in different countries.
3. If I decided to apply for a K-1 fiance visa, could I still travel to the US under the VWP during the 8 month processing time?
4. If I obtained a B-2 visitor visa, could I apply for a K-1 at a later date, could I apply for the K-1 whilst in the US, and how would this application affect my eligibility to travel under the B-2?

Thank you all in advance, I know there is a lot of information here, but at the risk of sounding soppy I really love this girl and all we want to do is be together. There just doesn't seem to be provsion for that without marriage.

Thanks guys & girls. I look forward to any responses.

[Fatbrit]

You assume you would receive a B2 visa on application. You've written nothing to suggest you even qualify for one.

[Mrstrain14]

Originally Posted by Fatbrit

You assume you would receive a B2 visa on application. You've written nothing to suggest you even qualify for one.

So let's assume that I do, for the purposes of my query.

[kirikara]

Originally Posted by Mrstrain14

Hi all,

Firstly, thanks to all who setup and run this site, I came across it today and it's excellent.

Let me explain my situation and request some assistance if i may:

My girlfriend is a US Citizen living in California, I am a UK Citizen and will be aiming to relocate to the US in the next 12-18 months. We would both prefer to live in the US than the UK.

Having done some research and looked through several posts on this forum, I have realised that my options are more than limited. I do not qualify for a work-based visa in any way, plus this is an exceptionally long process. I may qualify for the Diversity Lottery through my Father (Northern Irish) however I have missed entry for 2010 and this may be scrapped when immigration laws are reviewed by President Obama.

I also noticed that a UK Citizen can obtain a work visa (teaching, for example) and then this qualifies their UK Citizen partner (NOT spouse or fiance) for a visa, in order to travel and reside with them. A friend of mine has just obtained his visa through this method. It doesn't seem fair that a US Citizen, who is already a resident and does not need a permit, cannot bring their partner over to be with them.

Therfore, this leaves me with 2 options: the K-1 fiance visa, which as I understand takes 6-8 months to process and allows entry to the US to marry within 90 days. My girlfriend and I, whilst marriage is something we have discussed for the future, is not something we want to do for the sake of a visa, so for now this option is discounted.

The second option is a B-2 visitor visa, which allows me multiple trips during a period of upto 10 years, and each visit can be for a duration of 6 months (depending on the immigration officer) with option to extend for a further 6 months once admitted into the US.

I understand the B-2 visa does not give me right to work; in fact it differs from the VWP only in the length of time I may stay in the US on one 1 visit. My girlfriend and I would ensure we have the means to support me during those 6 months, so working would not be required in any case. At least we could be together for an extended period, and I could then review my options at the time.

My questions, therefore, are as follows:
1. Do I have to basic facts correct regarding these 2 Visa options mentioned?
2. What alternatives are there for us - all we want to do is be together as law-abiding, working, tax-paying residents who just happen to have been born in different countries.
3. If I decided to apply for a K-1 fiance visa, could I still travel to the US under the VWP during the 8 month processing time?
4. If I obtained a B-2 visitor visa, could I apply for a K-1 at a later date, could I apply for the K-1 whilst in the US, and how would this application affect my eligibility to travel under the B-2?

Thank you all in advance, I know there is a lot of information here, but at the risk of sounding soppy I really love this girl and all we want to do is be together. There just doesn't seem to be provsion for that without marriage.

Thanks guys & girls. I look forward to any responses.

Hi,
I have in the exact situation as you as I am a french citizen and my now husband is american. We wanted to live in the us for several reason (one being he did not speak enough french at the time to settle in france yet) and went through all these options too...
I ahve to say that the b2 visa might be very tough to get in your situation. I believe the immigration is going to be suspicious of your intention knowing your gf is a us citizen and you might not want to take the risk to get in a bad spot with them.

We had the idea that we did not want to rush getting married "just" for a visa. At the end of the day, we looked at everything and the situation. We had been together for 3 years (long distance), knew that we wanted to be together and that we were sure of the fact that at some point along the line we will be getting married. Granted we would neevr have gotten married so quickly if it was not for the situation (we were just graduated 23, 24 yrs old, never lived together) but that is also part of life, it brings unexpected situation where choices have to be made.
It does not always feel fair, but that is how it is.
We got married in france, and i got my got my green card through the french embassy which was fairly quick (not possible anymore though I believe)

While trying to protect your relationship., you might be taking more risk than you think. The idea of being in a new place, with no job/life of your own and a 6 month deadline coming up, might be harder on your relationship than you think...it might throw off your personnal balance of everything you will experience as an expat regardless of how much you love your nex country.

I know not everybody is able to just jump into marriage (it depends on A lot of factor and might not always be the good idea) but I would advise you consider the stress of being unstable in the us..
Is there a chance you guys can settle down in the uk for a little longer until you are ready to make the jump?

[Fatbrit]

Originally Posted by Mrstrain14

So let's assume that I do, for the purposes of my query.

A nice little conviction a decade or so ago for something that was neither a CIMT nor a drug offense might do it. Being of retirement age and expressing a desire to snowbird has worked before. Wanting to test drive the gf will not swing you a B2!

[Mrstrain14]

Originally Posted by kirikara

Hi,
I have in the exact situation as you as I am a french citizen and my now husband is american. We wanted to live in the us for several reason (one being he did not speak enough french at the time to settle in france yet) and went through all these options too...
I ahve to say that the b2 visa might be very tough to get in your situation. I believe the immigration is going to be suspicious of your intention knowing your gf is a us citizen and you might not want to take the risk to get in a bad spot with them.

We had the idea that we did not want to rush getting married "just" for a visa. At the end of the day, we looked at everything and the situation. We had been together for 3 years (long distance), knew that we wanted to be together and that we were sure of the fact that at some point along the line we will be getting married. Granted we would neevr have gotten married so quickly if it was not for the situation (we were just graduated 23, 24 yrs old, never lived together) but that is also part of life, it brings unexpected situation where choices have to be made.
It does not always feel fair, but that is how it is.
We got married in france, and i got my got my green card through the french embassy which was fairly quick (not possible anymore though I believe)

While trying to protect your relationship., you might be taking more risk than you think. The idea of being in a new place, with no job/life of your own and a 6 month deadline coming up, might be harder on your relationship than you think...it might throw off your personnal balance of everything you will experience as an expat regardless of how much you love your nex country.

I know not everybody is able to just jump into marriage (it depends on A lot of factor and might not always be the good idea) but I would advise you consider the stress of being unstable in the us..
Is there a chance you guys can settle down in the uk for a little longer until you are ready to make the jump?

Hi Kirikara,

Thank you so much for your reply. I appreciate you relaying your own experiences to me.

I think that yes, our situations are very similar, and my girlfriend and I have been together less than the three years that you & your husband were, so marriage is a step we would be taking even sooner than you guys had to.

I understand what you say about immigration being suspicious, and I certainly don't want to jeapordise any future chances of being able to settle in the US, so i'm trying to gather as much information now in order to make the right decisions.

Once my girlfriend and I have explored the possibilities, we know what routes are available to us and can sit and discuss what we want to do. So I really do appreciate your advice and experiences. Thank you.

[Mrstrain14]

Originally Posted by Fatbrit

A nice little conviction a decade or so ago for something that was neither a CIMT nor a drug offense might do it. Being of retirement age and expressing a desire to snowbird has worked before. Wanting to test drive the gf will not swing you a B2!

'Test Drive'??? Not funny, and not appreciated. And whilst I do appreciate you taking the time to respond, i'm really looking for some genuine suggestions/experience/pointers moving forward based on my circumstances, rather than being told 'this won't get you it' or 'that's not gonna work'. If you feel you cannot help, then I thank you for your time, but there is little point in using your time to write further.

[Fatbrit]

Originally Posted by Mrstrain14

'Test Drive'??? Not funny, and not appreciated. And whilst I do appreciate you taking the time to respond, i'm really looking for some genuine suggestions/experience/pointers moving forward based on my circumstances, rather than being told 'this won't get you it' or 'that's not gonna work'. If you feel you cannot help, then I thank you for your time, but there is little point in using your time to write further.

Please yourself. If you don't want to hear what doesn't work, go ahead and try it for yourself.

To your question of whether you understood the two visas, I found the following quote for you:

“This case vividly illustrates the labyrinthine character of modern immigration law--a maze of hyper-technical statutes and regulations that engender waste, delay, and confusion for the Government and petitioners alike. The inscrutability of the current immigration law system, and the interplay of the numerous amendments and alterations to that system by Congress during the pendency of this case, have spawned years of litigation, generated two separate opinions by the District Court, and consumed significant resources of this Court. With regret and astonishment, we determine, as explained more fully below, that this case still cannot be decided definitively but must be remanded to the District Court, and then to the Board of Immigration Appeals ("BIA"), for further proceedings.” Drax v. Reno, 338 F.3rd 98 (2nd Cir. 2003).

[Mrstrain14]

Originally Posted by Fatbrit

Please yourself. If you don't want to hear what doesn't work, go ahead and try it for yourself.

To your question of whether you understood the two visas, I found the following quote for you:

“This case vividly illustrates the labyrinthine character of modern immigration law--a maze of hyper-technical statutes and regulations that engender waste, delay, and confusion for the Government and petitioners alike. The inscrutability of the current immigration law system, and the interplay of the numerous amendments and alterations to that system by Congress during the pendency of this case, have spawned years of litigation, generated two separate opinions by the District Court, and consumed significant resources of this Court. With regret and astonishment, we determine, as explained more fully below, that this case still cannot be decided definitively but must be remanded to the District Court, and then to the Board of Immigration Appeals ("BIA"), for further proceedings.” Drax v. Reno, 338 F.3rd 98 (2nd Cir. 2003).

Thank you Fatbrit.

[Fatbrit]

Originally Posted by Mrstrain14

Thank you Fatbrit.

You're welcome!

In answer to your other questions...

2.
J1, H2, F1, M1 come to mind

3.
Yes -- but remember you have no right of entry.

4.
"If I obtained a B-2 visitor visa, could I apply for a K-1 at a later date,"
Yes

"could I apply for the K-1 whilst in the US, "
You can't apply for a K1 but your GF can. It does not matter where you are when she files the petition. You must be back in your home country to attend the interview and medical.

"and how would this application affect my eligibility to travel under the B-2?"
It increases CBP's suspicion that you have immigrant intent.