Electrician in USA

[Bevdeforges]

Originally Posted by carly26

Thanks for the response. I am sure though that say if my UK boyfriend comes in on a B1/B2 visa , he could find under the table work in bars or something.

I wouldn't recommend it. The Immigration Service has been pretty brutal lately in raiding establishments that hire immigrants under the table. Obviously, they are targeting the Hispanic illegals, but there is growing pressure for Immigration to "prove" they are equal opportunity when it comes to throwing out illegals, and you don't want your boyfriend to get caught up in that kind of raid. (Yes, it will impair his chances of getting back in legally.)

Originally Posted by carly26

Also, maybe it is feasible that he went to school or a training school here on a student visa, he then might be able to work legally part time. (He is not a college grad which would prob hinder him more as well)

There is a provision to allow those on a student visa to work limited hours (and they are rather limited) while attending school.

Long distance relationships really are tricky these days. Any chance you could head over to the UK for a while?
Cheers,
Bev

[gkloken]

Just remember if he comes under Fiance visa you have to get married within 90 days from arrival. Then it takes right now 3 months to process a work permit and temporary residency.
In 2 years he applies for citizenship, even if you are divorced within 8 months after marriage, he still has the right to apply .
For him to come as fiance and get married he will in total be able to work legally 3 months from date of marriage .
Are you ready to go that far? Working under the table is risky depending on the State you are in !?

[gkloken]

Forgot to mention getting married outside the USA right now can take up to 36 months before the spouse are allowed to enter the USA. Be careful NOT to go that route!

[synthia]

I second gloken! Emphatically!

I have met so many people who have married outside the US thinking that would make it easier, when in fact it makes it extremely difficult. Even before the tightening of the visa process, it took on average two years.

Do not marry outside the US!

[Rachel_Heath]

Originally Posted by gkloken

Forgot to mention getting married outside the USA right now can take up to 36 months before the spouse are allowed to enter the USA. Be careful NOT to go that route!

Not sure where you got that information from because as far as I'm aware it's very wrong! Granted a delay may be incurred because of the Adam Walsh Act requiring the USCIS to perform criminal background checks on petitioners however that's true no matter which way the spouse enters the country.

Coming in as a spouse to an American does not incur any delay. The Green Card will be issued with a 2 year 'temporary status' limitation. 21 months later the holder requests to have the status removed and the card converted to one without conditions.

As per the USCIS:

The immediate relatives of U.S. citizens, which includes parents, spouses and unmarried children under the age of 21, do not have to wait for an immigrant visa number to become available once the visa petition filed for them is approved by USCIS.

In addition, as per the US consulate in the UK:

As of April 25, 2008, we are processing petitions filed on February 13, 2008.

Your statement seems very alarmist and untrue. Why on earth would it be 'faster' to obtain a K fiancé Visa than to come in on an I-130? It makes no sense what so ever! Where did you get the 36 month delay from?

[twostep]

Carly - do not even think about work under the table. It would be the easiest way for your boyfriend to get a one-way ticket home and be barred from re-entry for a period of about ten years.
Your only way is the legal route.

[gkloken]

Originally Posted by Rachel_Heath

Not sure where you got that information from because as far as I'm aware it's very wrong! Granted a delay may be incurred because of the Adam Walsh Act requiring the USCIS to perform criminal background checks on petitioners however that's true no matter which way the spouse enters the country.

Coming in as a spouse to an American does not incur any delay. The Green Card will be issued with a 2 year 'temporary status' limitation. 21 months later the holder requests to have the status removed and the card converted to one without conditions.

In addition, as per the US consulate in the UK:

Your statement seems very alarmist and untrue.
Why on earth would it be 'faster' to obtain a K fiancé Visa than to come in on an I-130? It makes no sense what so ever!
Where did you get the 36 month delay from?

Where does the "faster" K Fiance Visa come from??

I refrained from responding to this message until I once again confirmed with one of the top USA Lawyers dealing with 100's of these specific cases. Between him and the USCIS I obtain my regular information about Immigration.

He was visibly disturbed by this response to say the least and specifically went directly back to the USCIS and confirmed what I said before .
The info on the web act as guidelines only .
Immigration Laws adjusts continuously and can be very confusing to say the least.
Anyone wanting to get married to an Alien Spouse should do so in the USA and/ or if married outside, submit directly in the US to the USCIS or through a a legal representative again in the US.
Several Embassies does not accept the I-130 any longer.

Every case varies but in an almost perfect scenario, one could get a response within 8 weeks. As you can see for yourself it is now standing on 11 weeks (almost 4 months) for submissions to be getting processed only.
That does not mean that you will get your answer in 11 weeks.

Entry for the Spouse and /or children does not occur immediately.
Various recent case entries was only after 2 years, complicated cases can take up to 36 months.
The time period depends on the available number of I -130 's issued for a certain period and to different states . Thus even the state where the petition is submitted differs from another in the time it takes to process and approve it.
Those that had to deal with the US Consulates will know from experience how complicated it sometimes can be.
I say again get a Tourist Visa and get a law firm in the US to deal with your further applications.

"Alarmist or Untrue " whatever you choose to call it , I choose to ignore it because I know and work with the facts of my 5 year experiences with the US Immigration.

[Rachel_Heath]

What you state are more extreme circumstances. I know of one couple (she was a US Citizen, he was French) - the application process took 7 months from end to end and they entered the US just over 11 months after the process took place - and that was late 2006.

You were very generic in your posting and you said bluntly "Be careful NOT to go that route!" which is still very incorrect information. Whilst there may be situations where the process can take longer your post was pretty alarmist in stating the 36 months. A better message would have been 'Be aware that under certain circumstances the process can take up to 36 months'.

Where does the "faster" K Fiance Visa come from??

er, the statement "Just remember if he comes under Fiance visa you have to get married within 90 days from arrival. Then it takes right now 3 months to process a work permit and temporary residency. " seems to imply just that. Indeed your last post stated "Anyone wanting to get married to an Alien Spouse should do so in the USA and/ or if married outside, submit directly in the US to the USCIS or through a a legal representative again in the US." also reaffirms your view that coming in under a K Fiancé visa is faster.

I refrained from responding to this message until I once again confirmed with one of the top USA Lawyers dealing with 100's of these specific cases. Between him and the USCIS I obtain my regular information about Immigration.

I'm sorry but this fails to impress one iota; the internet is replete with people who claim such situations e.g. "My brother is a..." or "My sister-in-law knows..." And getting information from the USCIS is notoriously difficult.

The OP was from the UK and the US Consulate as a USCIS field office that can process I-130 forms thereby making the process much simpler than having to apply to the Department of State.

All the evidence I've got from both personal experience and other forums (ranges for between 4 and 7 months for British applications) dispute your alarmist statements an I stand 100% by my rebuttal.