Newbie questions on K1, marriage etc

Alien2008 · January 27, 2008

Hi All,

I have a few questions for which I couldn't find complete answers for in the past postings - please forgive me if these have been answered before...

My partner lives in the US (and is a US citizen) while I live in the UK. We've been doing the 'long distance thing' for around seven months and have been planning for me to move to the US.

The original plan was for me to start looking for work in the US and find a company to sponsor me for a H1B visa (I now very much appreciate ho lucky I am to have a PhD (I knew it had to come in useful for something one day!) and three years industrial/post-doctoral experience in electronics). I've already as part of the game plan managed to get accepted into a large US conference (April 2008) in my area and have arranged to be introduced to some potential US employers through some colleagues/friends. With the last filing date for a H1B being April 1st 2008 for an October 2008 start, we were aware that it may well have been October 2009 before I had a job and a work permit. However, time was on our side and she has another two years at University so...patience is a virtue...although it's almost torture to be apart a lot of the time as I'm sure everyone here appreciates.

Last week it turned out that we're unexpectedly (when it say effective 99% of the time on the packet, it evidently means 99% of the time...) expecting in October if all goes well, which has drastically altered the timescales and put things into overdrive! Careful planning just went out the window. I need to be in the US in 6-7 months maximum to be present for the last stages of pregnancy, the birth, and to look after my partner and newborn afterwards both physically and financially. Relocating them to the UK would be a last resort as she(/we) already have a four year old from a previous relationship and it would be removing them from their network of friends/support.

From what I understand direct consular filing (DCF) would have been ideal - a three month process time for the K1 Visa then around three months for a work permit. Unfortunately the US embassy in the UK does not offer DCF unless the US national has lived in the UK for a minimum of 6 months so this is not an option.

Another option I'm going to be chasing, besides that of a normal H1B visa, is an academic H1B position. From some quick research, these require a H1B visa but there is no cap. However, although I'm not completely ruling these options out yet, I'm not particularly optimistic about the chances of getting either of these in time.

My questions are:

1) If we apply for a K1 'fiance' visa now, which I believe take around nine months to process, would I be allowed to enter the US on a tourist visa during the processing period, as I'd like to be around before, during, and after the birth for as long as possible (obviously this means permanently but you don't always get everything you want!) This ties in with question 2... OK THIS ONE WAS ANSWERED ONE THE PREVIOUS THREAD JUST BEFORE I POSTED!!!!

2) Is it possible to obtain a tourist visa for longer than three months? If not, how long do I need to leave the US for before I can return? (I ask this because I could, worst case, stay in the US without working and looking after my girlfriend and newborn and financially supporting us all for around 9-12 months, maybe longer, before my savings ran out - hopefully during this time I'd have obtained a work permit - or we'd be pretty much screwed financially).

3) I have been advised that, if I can afford it, one way to proceed is to enter the US on a tourist visa, get married, get a good immigration lawyer and just not leave while letting the lawyer cite marriage and mitigating circumstances (i.e. pregnant wife) in court to prevent deportation while obtaining legal status allocation of a work permit. Does anyone have any experience of this? This approach worries me a little as it seems to be entering a grey area of the law which I want to avoid if at all possible. Saying that, desperate times call for desperate measures!

Any help or advice anyone could give me on this would be VERY much appreciated. From reading through the posts on these boards I know that the people here appreciate the frustration and angst of navigating these processes while being seperated from a loved one. It's been consoling to realise so many other people have been through/are going through this. You may have also noticed my desperation to be in the US for the birth of my child - until a few months ago I never dreamt it would be so HARD. Thanks in advance.

N

gwenneh · January 27, 2008

2) You can get a six-month tourist visa - bear in mind that because the UK is a visa waiver country, getting a tourist visa can be difficult. You will need to have airtight ties to the UK and a very good reason for wanting to visit for six months, one that will impress the consulate. You can use the visa waiver programme, leave for a few days/weeks, then come back - however the more you visit the more you run the risk of being denied entry. Generally if you are spending more time in the US than out of it, the immigration officer will be suspicious at best and deny you at worst.

3) Entering the US on the VWP with intent to remain is visa fraud, carrying risk of criminal charges and a ban for misrepresentation. Don't do it.

YuAndDan · January 27, 2008

1) FAQ: 4.6)...Can my fiance(e) come to the US to visit me once the visa process is started? http://www.visajourney.com/faq/k1k2visa-application.html#4.6

2) Yes it is possible, this will not be the VWP, but application for a B-Visa at the consulate or embassy.

3) This is VISA FRAUD, USCIS, NATIONAL VISA CENTER, AND CONSULATE process K-Visas, and Immigrations visas quite differently than tourist visas. Tourist visas have no immigrant intent, so applying for one and then using it to immigrate is an attempt to circumvent the immigrant visa process, if USCIS suspects visa fraud, they can and do deport and ban people for it. DON'T DO IT.