# Moving to USA



## swish (Jun 21, 2009)

My boyfriend is an Australian who is living in America. I am british and i am wanting to know if it is possible to get a visa to move there? i am getting slightly confused by the different visa's to use



thanks


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## Fatbrit (May 8, 2008)

swish said:


> My boyfriend is an Australian who is living in America. I am british and i am wanting to know if it is possible to get a visa to move there? i am getting slightly confused by the different visa's to use
> 
> 
> 
> thanks


You've not given us much to go on.

The basic categories are family, employment, $$$ or diversity visa. Which ones sound more likely?

Be aware that the US is one of the most difficult countries to emigrate to. If you don't fit in the narrow slots, there's little hope.

What is your bf's status in the US?


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## swish (Jun 21, 2009)

thanks he doesnt have a green card he has a visa and works there but has to leave every so often to renew it. Sorry cant remember what it is called but is part of the special trade agreement between australia and usa. 
i could go for employment but i think i would be unlikely to get it as the sort of work i do i am unlikely to get an employer to pay for my sponsership as I work in the charity field. 
So I think i am looking at the family group. I know if you are a citizen you can bring your spouse over but as he isnt classed as that if we got married would he be able to bring me over?


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## Fatbrit (May 8, 2008)

swish said:


> thanks he doesnt have a green card he has a visa and works there but has to leave every so often to renew it. Sorry cant remember what it is called but is part of the special trade agreement between australia and usa.
> i could go for employment but i think i would be unlikely to get it as the sort of work i do i am unlikely to get an employer to pay for my sponsership as I work in the charity field.
> So I think i am looking at the family group. I know if you are a citizen you can bring your spouse over but as he isnt classed as that if we got married would he be able to bring me over?


So, you need to find the name of the visa he's on. All the visas have different conditions attached. 

Also, did you live with him before he moved to the US?


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## swish (Jun 21, 2009)

ok will confirm his visa. No we didnt we met after he moved there. Does that make a difference?


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## Fatbrit (May 8, 2008)

swish said:


> ok will confirm his visa. No we didnt we met after he moved there. Does that make a difference?


Removes one option -- but not a very exciting one, so no great loss.

You might also ask him what his green card plans are. If he received a green card before you were married, this would effectively remove the family route to the US for you for 5 or more years.


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## swish (Jun 21, 2009)

thanks. He doesnt want to get a green card. he is happy there at the moment but we dont think we will be there forever will probably move to australia at some point. I thought if he had a green card that made it easier, i take it i am wrong on that and it makes it harder for me if he has....thanks for you help


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## Fatbrit (May 8, 2008)

swish said:


> thanks. He doesnt want to get a green card. he is happy there at the moment but we dont think we will be there forever will probably move to australia at some point. I thought if he had a green card that made it easier, i take it i am wrong on that and it makes it harder for me if he has....thanks for you help


Yep -- in your case the GC and marriage would not go happily together due to the weirdness of US immigration. US citizens and non-immigrant visa holders usually have little problem bringing their foreign spouses over. But there's a long queue for GC holders who want to do it. However, a non-immigrant visa and marriage should work just fine. I'm guessing it's E3, maybe even an E2. But you need to find out. With either of the above, you can move to live/work/study in the US provided you're married.


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## swish (Jun 21, 2009)

Thanks for you help you are a star. i seem to have found myself going round and round in circles trying to work it out and my boyfriend hasnt had much better luck 

thanks again


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## Fatbrit (May 8, 2008)

swish said:


> Thanks for you help you are a star. i seem to have found myself going round and round in circles trying to work it out and my boyfriend hasnt had much better luck
> 
> thanks again


Where are you planning on marrying?


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## swish (Jun 21, 2009)

we hadnt really thought too much about it. is it better if we get married in us or australia?


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## Fatbrit (May 8, 2008)

swish said:


> we hadnt really thought too much about it. is it better if we get married in us or australia?


US is easy enough. I have no idea about Australia.

You can come on the VWP (provided you qualify) and get married here. There are some caveats for entering for marriage.....but it's perfectly legal to so do. You just need to be prepared to say the right things if asked.

Marriage is a State rather than a Federal authority, so the rules vary depending on where you're doing it. But it's usually pretty easy.

Then you'd return within the 90 days of the VWP to wherever you're resident, and grab the visa to return as spouse of a non-immigrant visa holder. I can't be more definite until you get me the name of the visa he's on.


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