Visa Clarification - UK to US

[Josh]

Hello all.

I posted here over a year ago with regards to a working visa in America. I concluded that it was going to be near impossible to gain permanent residency , but my passion for the country still remains.

I have been dating a woman overseas for 1 and a half years now and finally met up with her two months ago. We have plans to see eachother several times in 2010 which shall be awesome. If we did get engaged to marry, then I guess that would be a surefire way to get into the country (although please understand that I love her and the reason I would marry her is NOT to get into the country). However, I did read an article on this type of visa and would like some advice. Does she HAVE to be in her own house before I agree to marry her? She lives with her parents right now and she doesnt have any money as she has just finished school and is 19 years old. I am currently 20 with around $10,000. Of course, it wont be until 2-3 years that we get engaged, with obviously makes room for both of us to make money. But as an estimate, how much do you think both of us would need for them to accept and would she need to get her own place? Are there any other factors which will contribute to the decision of giving me a visa if/when we marry?

The other way I could emigrate to America is via my mother. I understand it is possible to get over there if you have immediate family? The story is that her boyfriend of 6 years is more obsessed with America than I am (which is quite a statement!) Lately he has sold his business, house and car in the UK whilst he finds a business to take over in America. He has found a hotel firm in Florida which he is flying out to look at in two weeks' time. If he does decide to emigrate that way, he wants my mother to join him via marriage or a business partnership. My mum doesnt particularly want to go there, but would agree so I could live my dream. Unfortunately I turn 21 in January, so going over with her as her immediate child will not work and I would have to file for a different visa. Will I be able to file this visa as soon as she leaves to join her over there, if so how long will it roughly take? The only doubt I have in my mind over this is that im sure she has to stay there 5 years to qualify for American Citizenship, so do I have to wait until this happens before I can qualify for the family-based visa?

Any help will be appreciated. I hope I made sense; im a little tired and its a lengthy message.

Josh

[Fatbrit]

She doesn't need to own a house to sponsor you. However she must show income or capital, or find a co-sponsor (another USC or PR) to do the same. The income required is 125% of the federal poverty guidelines. Capital can be substituted for income at the rate of 3x. Note that if she uses a co-sponsor, both family sizes must be added together for the federal poverty figure.

You don't say what visa your mother intends to use. If she's becomes a citizen, she can sponsor you as 1st preference, currently processing applications filed in Oct 2003. If she becomes a permanent resident, she can sponsor you as 3rd preference, currently processing applications filed in March 2001. But if she remains here in non-immigrant status, she cannot sponsor you at all.

Naturalization as a US citizen requires that you live in the US for at least five years (three in some cases) as a permanent resident. Time spent here in non-immigrant status does not count.

[Josh]

Cheers for the reply.

I feel a lot more at ease with the marriage route now, as she wouldnt need to have or earn a substantial amount of money to allow me a permanant move there. Of course, her family/sisters family could sponser me also to make it more stable. Again, this would be a few years down the road yet, though. Policies could change, but im happy to get an indication of how it works currently.

My mother would move there with her boyfriend by either marrying him in Britain prior to moving, or buy into the business as a partnership with him. Im not sure what kind of visas these are in specific detail. So I would try to get over as her son, or could I also buy into the business to speed up the process? Roughly how long does a visa take if you take over a business? I presume its instant.

When you say 2003, does that mean all of the visas filed in this year are only just getting processed today? So im looking at a 6 year wait if my mother goes over there?

[Fatbrit]

Originally Posted by Josh

My mother would move there with her boyfriend by either marrying him in Britain prior to moving, or buy into the business as a partnership with him. Im not sure what kind of visas these are in specific detail.

It all hinges on the visa. Without that information your question can't be answered.