If My Fiance Owns His Business and doesnt want

[JOURNEE1125 0]

My SO owns his own business and has children and a disabled mother that he is responsible for. At this point in his life he is not interested in moving full time to the states. I own my business and I am not interested at this point in my life to move to Jamaica, so I visit him monthly (rt tickets less than $300) I have been to Jamaica every month since April 2007.

We are planning on getting married but I am trying to understand what would be best for our situation. (K1, K3, or some other visa option)

He wants to be "FREE" to visit me and we go back and forth. But I know he would not be able to stay in the US for 1 year to complete this process, without his business and family sturggling. What are our options ?

[Marina-Del 10]

My SO owns his own business and has children and a disabled mother that he is responsible for. At this point in his life he is not interested in moving full time to the states. I own my business and I am not interested at this point in my life to move to Jamaica, so I visit him monthly (rt tickets less than $300) I have been to Jamaica every month since April 2007.

We are planning on getting married but I am trying to understand what would be best for our situation. (K1, K3, or some other visa option)

He wants to be "FREE" to visit me and we go back and forth. But I know he would not be able to stay in the US for 1 year to complete this process, without his business and family sturggling. What are our options ?

From what you say, it sounds like the K-1 and K-3 and all other marriage based visas that I am currently aware of, are out! The K-1 and K-3 both require that AFTER the approval of the visa, the entering into the US by the Non USC, and the marriage, the Non UCS -now husband/wife- must stay in the United States to complete AOS. Filing the paperwork for AOS might not take years, but the process does. Once you file, you get a conditional Green Card, after a couple years the conditional green card is removed and the Non USC spouse becomes a legal permanent resident (LPR). When a person is an LPR, they can leave the country, but not for very long. And before you get your first green card you have to file a waiver to be able to leave the US, even for 1 day...so it's quite annoying! I am not sure on the exact number of months you are allowed to stay out of the US, but I think that it is something like you have to spend at least 6 months in the US each year. If you spend less than 6 months of each year in the US then you aren't really a resident, now are you? Understand so far? I know it's confusing! Hopefully others can clarify where my details are a bit funny.

So, you say that you don't want to move to Jamaica at this point in your life and he doesn't want to move to the US at this point in his life....so how do you two intend to live? I'm not being judgmental, I promise!, I'm just trying to figure out more details so that we can all better help you! I understand wanting to get married and live in that state. But if you want to continue doing what you are doing now and traveling to see him every month, then why not go ahead and get married in Jamaica and file the K-3 when he is ready to live in the US? Although, I understand there may be some issues about him visiting you in the US if you go this route, but I'm honestly not sure if that can be helped. I really don't think there is a visa designed for foreign spouses to visit their wives in the US, over and over again... I'm sorry! He might get a visa once a year if he is lucky....(But that is from my experience of tourist visas being given in Brazil...which is practically to say, never! Maybe it's different in Jamaica, and if so, correct me!)

Immigration officers are sometimes pretty worried about letting fiancees and husband/wives of USC come into the country. They think that they might stay. And because of this, it might be even more difficult for him to get a visitors visa, once you are married.

So, my advice at the moment! Until one of you is ready to move to the others country....keep going with the current situation. I'm sorry this isn't what you wanted to hear!

Good Luck!

[msu17 0]

You could look into CR1. It gives a green card upon moving to the US. Depending on how much time he could spend in the US, it could be an option. However there is no visa for "free entry" for a spouse who isn't residing in the US.

[Marina-Del 10]

You could look into CR1. It gives a green card upon moving to the US. Depending on how much time he could spend in the US, it could be an option. However there is no visa for "free entry" for a spouse who isn't residing in the US.

Correct me if I'm wrong, but wouldn't that green card simply make him an automatic LPR upon arrival? Like with that GC he wouldn't have to go through AOS, but he would still be a LPR, which still holds residency requirements on the non USC...? Right?

[pushbrk 13,072]

You could look into CR1. It gives a green card upon moving to the US. Depending on how much time he could spend in the US, it could be an option. However there is no visa for "free entry" for a spouse who isn't residing in the US.

Correct me if I'm wrong, but wouldn't that green card simply make him an automatic LPR upon arrival? Like with that GC he wouldn't have to go through AOS, but he would still be a LPR, which still holds residency requirements on the non USC...? Right?

That's correct but an LPR must maintain their status as a "permanent resident" of the USA.

This is a case where the K3 visa might actually be a fit but only for a two-year solution, not long term. K3 visas allow multiple entries for two years from the first entry but do not require actual permanent residency until status is adjusted.

A B1 or B2 visa would allow visits without residency but may well be difficult to obtain. Worth a try though.

[Marina-Del 10]

You could look into CR1. It gives a green card upon moving to the US. Depending on how much time he could spend in the US, it could be an option. However there is no visa for "free entry" for a spouse who isn't residing in the US.

Correct me if I'm wrong, but wouldn't that green card simply make him an automatic LPR upon arrival? Like with that GC he wouldn't have to go through AOS, but he would still be a LPR, which still holds residency requirements on the non USC...? Right?

That's correct but an LPR must maintain their status as a "permanent resident" of the USA.

This is a case where the K3 visa might actually be a fit but only for a two-year solution, not long term. K3 visas allow multiple entries for two years from the first entry but do not require actual permanent residency until status is adjusted.

A B1 or B2 visa would allow visits without residency but may well be difficult to obtain. Worth a try though.

Wow! The K-3 visa was actually recommended!

Do a little dance for the rare K-3 victory!

That's really interesting. I didn't know that about the K-3 visa! Good to know! Thanks pushbrk!

[JOURNEE1125 0]

Its not that we dont want to get married. I was just trying to figure out which would be best form him not being to stay in the US with no travel back to Jamaica until the entire process is complete. I am pretty sure a visitors visa will be denied and we have decided to get married by this fall. I am just looking for the visa option which will allow him to come to the state and travel back to Jamaica within a few months if need be. With out starting thie entire process over.

BTW. Thanks so much for the feed back!

[JOURNEE1125 0]

Do you guys know a time range on K3? A 2 year time frame would work because by that time we may be able to make better arrangements for his mother.

[TRELAWNY PARISH 10]

Its not that we dont want to get married. I was just trying to figure out which would be best form him not being to stay in the US with no travel back to Jamaica until the entire process is complete. I am pretty sure a visitors visa will be denied and we have decided to get married by this fall. I am just looking for the visa option which will allow him to come to the state and travel back to Jamaica within a few months if need be. With out starting thie entire process over.

BTW. Thanks so much for the feed back!

Journee;

Many of my family members that are married have a 10 year visitor's visa and they take turns going back and forth. My aunt's husband has been doing this for many years without a problem. He comes and goes. He has his own business in Jamaica and she's had a business here. They've been married for 15 years and this works for them. I also have relatives that are greencard holders and they live in Jamaica, but they come back to the states after staying 3 or 6 months in Jamaica. Another family member spends 6 months in Jamaica and 6 months in the states or she does 3 months here and 3 months there. You have to look into it they have restrictions even if you're a U.S. citizen. The other thing you have to consider is how this will work with your relationship, if you have kids, if you get sick or he gets sick...

It's not easy to get a vistor's visa from Jamaica, but he can try. My cousin has a 10 year vistor's visa...send me a PM and we'll talk there.

[Penguin_ie 5,996]

I'd actually try for a tourist visa in your case. Your boyfriend has strong ties (a business, child and ill mother) to his home country, so I think he has a decent chance to get a tourist visa.

[pushbrk 13,072]

Do you guys know a time range on K3? A 2 year time frame would work because by that time we may be able to make better arrangements for his mother.

Not sure I understand the question. Once the visa is in hand, it's good for multiple entries for two years. The timeline to get one is roughly similar to K1 or CR1, normally in the 6 to 9 month range.