# Looking for some guidance in helping my BF move to the US



## Deowyn (Jun 23, 2010)

Hello all!

I've been doing a lot of research into possible routes into the US and I'm hoping you guys could give me some guidance.

My boyfriend is in the process of selling his house and moving here to the US to live with me from the UK. We have several complicating factors that isn't making this a straightforward task. I'm currently in what I hope will be the final phases of a long divorce. I'm hoping to have that settled by roughly the end of the summer, but in case its not finalized by then I was looking to see what my options were for getting him and keeping him here. We're expecting a baby girl in September and if we keep the timeline we're hoping to we're thinking he will be here in August, most likely on a visa waiver. While he's here he will continue to look for work in the NYC area and hopefully find something. He works in the publishing industry, and is a British citizen, but born in Turkey with a dual citizenship.

Given all of the above, and knowing that as soon as my divorce is finalized we intend to get married, what options do we have? If he comes in on a visa waiver is there any way to extend his stay without him having to leave and come back? Is there a temporary visa that we should look into?

Thank you in advance for any help you can give!


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## twostep (Apr 3, 2008)

There is no extension on the 90 day window of VWP. He can apply for B1 which allows up to 180 days with a possible extension while in country. But what binding ties to Europe will he be able to show and what will he use as reason for his application? 

Finding employment may not do him any good. He needs an employer who wants and can sponsor him for a visa while he is outside the US.

This is not the answer you want to hear - long distance relationship until you can marry


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## Fatbrit (May 8, 2008)

Deowyn said:


> Hello all!
> 
> I've been doing a lot of research into possible routes into the US and I'm hoping you guys could give me some guidance.
> 
> ...


Some thoughts for ya. No solutions, I'm afraid.

You can't sponsor him as a K1 fiancee until your divorce is complete. The processing time is generally 8-10 months for him to arrive to marry you.

Getting married and then applying for adjustment of status on a VWP entry is potentially tricky, and exceedingly tricky if you do it after the I-94W expires. It's also fraudulent.

Applying for a B visa is likely to be a step backwards rather than forwards since it is likely to be rejected.

He can look for a job while in VWP status....but he can't work. He may be eligible for an H1b (generally job requires a degree), but he would need to process the visa outside the UK. In the current job market, the chances of finding a sponsor (it costs them $$$) are slim.

VWP entry is solely at the whim of the CBP officer at the post of entry.


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## Deowyn (Jun 23, 2010)

Fatbrit said:


> Some thoughts for ya. No solutions, I'm afraid.
> 
> You can't sponsor him as a K1 fiancee until your divorce is complete. The processing time is generally 8-10 months for him to arrive to marry you.
> 
> ...


Ok so basically it's looking like we just have to accept that we will probably have to be going back and forth quite a bit huh? When my divorce goes through is my best route just to go ahead and get married and then apply for an adjustment of his status, assuming he's here on VWP? Even if that means having him leave and come back again to reset his VWP?

Long distance relationship isn't an issue, we've been doing it for over a year now, but we're about to throw a baby into the mix and I'll be darned if I don't try everything to avoid having to do that on my own!

I appreciate all the input!


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## Fatbrit (May 8, 2008)

Deowyn said:


> Ok so basically it's looking like we just have to accept that we will probably have to be going back and forth quite a bit huh? When my divorce goes through is my best route just to go ahead and get married and then apply for an adjustment of his status, assuming he's here on VWP? Even if that means having him leave and come back again to reset his VWP?
> 
> Long distance relationship isn't an issue, we've been doing it for over a year now, but we're about to throw a baby into the mix and I'll be darned if I don't try everything to avoid having to do that on my own!
> 
> I appreciate all the input!


Going back and forth a lot as a tourist increases the chances he'll be refused entry. A good rule of thumb is to spend at least as long out as you do in -- and even with that there are no guarantees. As it starts to look like he's living here, expect refusals.

When you get married and how you do the paperwork is something to think about. Here are the choices:
* K1 fiancee visa for unmarrieds. You petition and, if everything goes to plan, he picks up a K1 visa in London 8 or so months down the road. You can't start the process until you're divorced. He marries you within 90 days of arrival on this visa, and then he files to adjust status to conditional permanent resident. He'll be able to work a couple of months after you file the adjustment papers.
* You marry after you've divorced while he's here on a VWP. You then file for a CR1 immigrant visa for him, which usually takes 8-10 months from London. On entry he's a conditional permanent resident, and can work and live in the US.
* The VWP express route is where you file for AOS directly off of his VWP entry and marriage. It's certainly popular, but when it goes wrong, it goes really wrong. Suggest you consult with a US immigration attorney if you fancy gambling with this one.

Other stuff to consider:
* Has he ever been arrested for anything, anywhere?
* Does he suffer from a serious communicable disease?
* Does he suffer from a mental disorder?
* Has he ever broken the terms of any previous visit to the US?
* Has he any connections whatsoever with countries the US might consider as terrorist in nature? 

Also, you need an income or the pair of you need some capital to pass the financial requirements.


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## USC (Jun 13, 2010)

Deowyn said:


> Ok so basically it's looking like we just have to accept that we will probably have to be going back and forth quite a bit huh? When my divorce goes through is my best route just to go ahead and get married and then apply for an adjustment of his status, assuming he's here on VWP? Even if that means having him leave and come back again to reset his VWP?
> 
> Long distance relationship isn't an issue, we've been doing it for over a year now, but we're about to throw a baby into the mix and I'll be darned if I don't try everything to avoid having to do that on my own!
> 
> I appreciate all the input!


FB has already pointed out the problems you might encounter but it might be useful to summarize:

Negatives:

(a) BF selling house
(b) GF pregnant
(c) History of extensive (?) travel back and forth over a year means that sooner rather than later CBP will ask him what he does in the US. If he mentions (a) or (b) CBP will likely deny VWP if he lies that will probably be enough to bar him from AOS in the USA.
(d) Unlikely to get B-2 as US Embassy will want to know why he doesn't continue using VWP. If he tells truth they will deny based on (a) or (b) if he lies he will be barred from AOS in the US.
(e) CBP also doen't like dual nationals, especially from countries in the Middle East so on one the VWP trips he might invite extra attention.

Realistically, speaking you have to get divorced and walk down the aisle, I am afraid.


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## Deowyn (Jun 23, 2010)

Fatbrit said:


> Going back and forth a lot as a tourist increases the chances he'll be refused entry. A good rule of thumb is to spend at least as long out as you do in -- and even with that there are no guarantees. As it starts to look like he's living here, expect refusals.
> 
> When you get married and how you do the paperwork is something to think about. Here are the choices:
> * K1 fiancee visa for unmarrieds. You petition and, if everything goes to plan, he picks up a K1 visa in London 8 or so months down the road. You can't start the process until you're divorced. He marries you within 90 days of arrival on this visa, and then he files to adjust status to conditional permanent resident. He'll be able to work a couple of months after you file the adjustment papers.
> ...


No to all of your questions above. Thankfully he has none of that working against him. I work for an engineering firm out of NYC, and intend to keep working to support us. Until we get everything settled he will be home with the baby. That's really the crux of our issue, we want to try to stay together as a family. 

Could you expand a little on the last option? What does that involve, how does it work, and in your experience how does it go really wrong? Is there any resources you would recommend for finding a good immigration attorney?

Thanks again!


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## Fatbrit (May 8, 2008)

Deowyn said:


> No to all of your questions above. Thankfully he has none of that working against him. I work for an engineering firm out of NYC, and intend to keep working to support us. Until we get everything settled he will be home with the baby. That's really the crux of our issue, we want to try to stay together as a family.
> 
> Could you expand a little on the last option? What does that involve, how does it work, and in your experience how does it go really wrong? Is there any resources you would recommend for finding a good immigration attorney?
> 
> Thanks again!


AILA's Immigration Lawyer Search

Some lawyers are quite happy with the last method, others won't touch it. It's best discussed within the protections of attorney-client privilege.


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