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Filed: Country: United Kingdom
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My boyfriend is a British Citizen looking to move over here permanently sometime in 2012. I can't figure out how to make this happen legally by then. He wants to keep he British Citizenship (dual citizenship is ok), and needs to be able to work here. From the research I've done, it appears that he wouldn't qualify for any of the visas either. We aren't engaged, but may be in the future. There are issues that don't allow us to do so now. Are there any ways that he can live and work here for a while temporarily until we can apply for a fiancée visa? Any suggestions?

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Well, all i see is that he can apply for one of the following:

K3 : immigration Visa (married)

k1 : Fiance Visa ( Engaged)

Employment-based Visa ( Work Permit)

but since you say you can't apply for none of the first twos, i see if he finds some work there, it would be the appropriate kind of visa.

Good luck.

Sahbi.

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Filed: Citizen (apr) Country: England
Timeline

My boyfriend is a British Citizen looking to move over here permanently sometime in 2012. I can't figure out how to make this happen legally by then. He wants to keep he British Citizenship (dual citizenship is ok), and needs to be able to work here. From the research I've done, it appears that he wouldn't qualify for any of the visas either. We aren't engaged, but may be in the future. There are issues that don't allow us to do so now. Are there any ways that he can live and work here for a while temporarily until we can apply for a fiancée visa? Any suggestions?

Nope can't think of any way.

If you are not going to get married then you are stuffed

Of course he can come on a 90 day visa waiver but can't work. After that 90 days, you might be convinced to get married or not - at which time (if you do) he does not have to go back - you just do it and apply for adjustment of status and he can then work after getting the permit

Its a long hard road but plenty do it. I did it twice plus she lived in the UK for year in between. You will be heartily sick of it by the end but it is doable.

My mum and dad were engaged 7 years before they married ! You don't have that luxury if it is him.

It's risky because not everyone can make the move successfully.. Plenty do. I have been coming here since 1983 and I have been here 5 years on and off and 3 permanently and I get my US passport tomorrow. The home sickness passes but the different culture can be hard if he is a deep thinker.

I have a Brit friend who has been here 18 years and loves it - I asked him and he said he is a very shallow person so culture differences don't affect him...

Depends on the person

Edited by Alan the Red

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Of course he can come on a 90 day visa waiver but can't work. After that 90 days, you might be convinced to get married or not - at which time (if you do) he does not have to go back - you just do it and apply for adjustment of status and he can then work after getting the permit

Technically you're advising using the VWP as a Fiancee Visa which is a violation of the TOS as it is advocating Immigration Fraud.

Furthermore the landscape is changing for VWP Overstays this year. In most of the Circuit Court Districts VWP Overstay AOS applications are either being put on hold until a system wide official memo is issued or are just out-right denied and VWP entrants have no right to appeal (circuit courts have agreed to this and begun refusing to hear appeals). So your advice is potentially harmful to the OP as it could lead to them getting deported & banned.

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Maybe a work sponsored visa, i'm not sure of the class, but basically he gets a job and the company sponsors him to work in the USA, its more complicated than that but i cant tell you the ins and outs . If your were to become engaged then and be married whilst he is in the states that's different and he would have to return to the UK to get a K1.

Another option would be an internship, a J1 visa allows a year for a training/work placement.

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Filed: Citizen (apr) Country: England
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Technically you're advising using the VWP as a Fiancee Visa which is a violation of the TOS as it is advocating Immigration Fraud.

Furthermore the landscape is changing for VWP Overstays this year. In most of the Circuit Court Districts VWP Overstay AOS applications are either being put on hold until a system wide official memo is issued or are just out-right denied and VWP entrants have no right to appeal (circuit courts have agreed to this and begun refusing to hear appeals). So your advice is potentially harmful to the OP as it could lead to them getting deported & banned.

Dont be a silly so and so giving such rotten advice

They havent even decided to marry so how can it be an unofficial fiance visa ? They are friends ! It's her boyfriend ! Cant you read ?

Who is talking overstays ? If they decide to marry (and they havent) they can marry in the 90 days visa waiver and apply for adjustment all quite legally

Millions do it !

You are such a silly sausage and give such rotten and nonsensical advice

Edited by Alan the Red

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Well, all i see is that he can apply for one of the following:

K3 CR1: immigration Visa (married) (Edited for correction)

k1 : Fiance Visa ( Engaged)

Employment-based Visa ( Work Permit)

but since you say you can't apply for none of the first twos, i see if he finds some work there, it would be the appropriate kind of visa.

Good luck.

Sahbi.

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Filed: Citizen (apr) Country: England
Timeline

Maybe a work sponsored visa, i'm not sure of the class, but basically he gets a job and the company sponsors him to work in the USA, its more complicated than that but i cant tell you the ins and outs . If your were to become engaged then and be married whilst he is in the states that's different and he would have to return to the UK to get a K1.

Another option would be an internship, a J1 visa allows a year for a training/work placement.

Sorry chuck but you are wrong

If they married and he was outside the country, it would be a K3 and not a K1 which is for fiancés

If he comes here as a guest on visa waiver and they form an intention to marry which they didn't have when he entered, they can marry within the 90 days and get AOS and he doesn't have to go anywhere

Its all about intent and there is none at this stage

They are friends - that's all.

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Filed: Citizen (apr) Country: England
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Here is my timeline - this will give you some idea of what is involved

and that I do know what the processs is !

http://www.tenerifecarp.co.uk/timeline.html

Edited by Alan the Red

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Dont be a silly so and so giving such rotten advice

They havent even decided to marry so how can it be an unofficial fiance visa ? They are friends ! It's her boyfriend ! Cant you read ?

Who is talking overstays ? If they decide to marry (and they havent) they can marry in the 90 days visa waiver and apply for adjustment all quite legally

Millions do it !

You are such a silly sausage and give such rotten and nonsensical advice

PLEASE BEAWARE THE LANDSCAPE AT IMMIGRATION IS CHANAGING, so what worked 10 years ago or a month ago, may not work tomorrow.

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Filed: IR-1/CR-1 Visa Country: Vietnam
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Dont be a silly so and so giving such rotten advice

They havent even decided to marry so how can it be an unofficial fiance visa ? They are friends ! It's her boyfriend ! Cant you read ?

Who is talking overstays ? If they decide to marry (and they havent) they can marry in the 90 days visa waiver and apply for adjustment all quite legally

Millions do it !

You are such a silly sausage and give such rotten and nonsensical advice

Correct, many have done it.

Things are getting tighter for those coming via the VWP, getting married, and adjusting status. So the landscape is changing.

It's best for those considering this course to do some legwork and perhaps talk with a qualified immigration attorney who is aware of any changes in how USCIS would view them.

*Moving from Citizenship forum to General Immigration forum*

Edited by Anh map

I-864 Affidavit of Support FAQ -->> https://travel.state.gov/content/visas/en/immigrate/immigrant-process/documents/support/i-864-frequently-asked-questions.html

FOREIGN INCOME REPORTING & TAX FILING -->> https://www.irs.gov/publications/p54/ch01.html#en_US_2015_publink100047318

CALL THIS NUMBER TO ORDER IRS TAX TRANSCRIPTS >> 800-908-9946

PLEASE READ THE GUIDES -->> Link to Visa Journey Guides

MULTI ENTRY SPOUSE VISA TO VN -->>Link to Visa Exemption for Vietnamese Residents Overseas & Their Spouses

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Filed: Citizen (apr) Country: England
Timeline

PLEASE BEAWARE THE LANDSCAPE AT IMMIGRATION IS CHANAGING, so what worked 10 years ago or a month ago, may not work tomorrow.

I am talking about the law now - not what it might be in x years.

How can you say what worked a month ago will not work now when the law hasn't changed ?

It is so wrong to throw artificial and non existent blocks in the way of these people when they don't exist

Yes there is a lot to beware of, but as long as the intent fits with the law at each stage, then they are only doing what Millions have done with no problem. Got to know each other as friends BEFORE any intent was formed.

Totally legal

If he enters as a friend with every intent to go back and then their relationship changes and they marry and he stays, that is lawful. Jeez half of Canada got here that way.

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I am talking about the law now - not what it might be in x years.

How can you say what worked a month ago will not work now when the law hasn't changed ?

It is so wrong to throw artificial and non existent blocks in the way of these people when they don't exist

Yes there is a lot to beware of, but as long as the intent fits with the law at each stage, then they are only doing what Millions have done with no problem. Got to know each other as friends BEFORE any intent was formed.

Totally legal

If he enters as a friend with every intent to go back and then their relationship changes and they marry and he stays, that is lawful. Jeez half of Canada got here that way.

ALAN THE RED, have,has and willbe are 3 different things, the OP needs to be made aware that the law is changing as you and I are discussing it. So, before they make any decisions about coming to stay on a VWP, they should be made aware that route may not be available to them in the near future.

Edited by ATPEACE
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Filed: IR-1/CR-1 Visa Country: Vietnam
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I am talking about the law now - not what it might be in x years.

How can you say what worked a month ago will not work now when the law hasn't changed ?

It is so wrong to throw artificial and non existent blocks in the way of these people when they don't exist

Yes there is a lot to beware of, but as long as the intent fits with the law at each stage, then they are only doing what Millions have done with no problem. Got to know each other as friends BEFORE any intent was formed.

Totally legal

If he enters as a friend with every intent to go back and then their relationship changes and they marry and he stays, that is lawful. Jeez half of Canada got here that way.

The tougher stance is happening in present time. People are having their cases put on hold.

For this OP's question there isn't a visa that would allow him to come and work while they figure out their relationship. If he gets a work visa and they choose marry, so be it. Nothing wrong with that.

OP states that the friend's intent is to move to the US permanently. VWP is not for moving here. It's for visiting. The USCIS seems to be closing that loophole.

I-864 Affidavit of Support FAQ -->> https://travel.state.gov/content/visas/en/immigrate/immigrant-process/documents/support/i-864-frequently-asked-questions.html

FOREIGN INCOME REPORTING & TAX FILING -->> https://www.irs.gov/publications/p54/ch01.html#en_US_2015_publink100047318

CALL THIS NUMBER TO ORDER IRS TAX TRANSCRIPTS >> 800-908-9946

PLEASE READ THE GUIDES -->> Link to Visa Journey Guides

MULTI ENTRY SPOUSE VISA TO VN -->>Link to Visa Exemption for Vietnamese Residents Overseas & Their Spouses

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