Tourist Visa - Warning?

[NYCGirl18 1]

Hello -

I'm hoping someone can help me answer some questions. I'm new to this forum and need some answers!!

So...I'm American (currently living in NYC) and my boyfriend is British (from Jersey, Channel Islands). We've been dating for a little over 7 months now, and in the entire time we've been dating (and for about 5 months before that), he's been coming in and out of the country on tourist visas (so he'd be here for around 2-3 months, go home for a month, then come back for another 2-3 months, and so on). I guess before he came into the country the last time, he had heard that he would be given a "warning" (which he wasn't) and to be ready to present the papers and other documentation that show he's in the process of trying to apply for an investor visa (not sure which one - I just know that it would allow him to stay here for two years and start his own company). Anyway, he was never given a warning and never had to talk to anyone about why he's been in an out so many times. He now is getting ready to leave the country again at the end of this month and is really worried about being let back in on a tourist visa when he tries to come back in August. The thing that's crazy is that in order to actually prepare his application for the investor visa properly, he needs to be over here!! (Example #1: He needs to have an American bank account, and in order to create an account with any bank, he must have a place of residence here - which he currently does not ... Example 2: He needs to prove he has an office space/location where the Americans he's going to be employing will be working) These are just a few examples, but from what I understand, it seems that in order for his investor visa application to get approved he HAS to have these things, and the only way to do that is to be over here quite a bit, if not permanently already (which doesn't really make that much sense to me, but okay...) I guess my first question is: When he goes through customs in August, is it probable that this time someone will stop him and ask him why he's been coming in and out of the country so much? And if they do stop him, will him showing them his documentation for why he's coming in (trying to set up a business) be enough to let him pass through? I'm really worried that he'll get here and then get sent back this time. =(

Which leads me to my next question .... (and I apologize if this is the wrong forum that I'm posting in for this question)

If his investor visa doesn't work out, at that point we'd probably just speed up an engagement (ideally we'd like him to get the investor visa, come here for a few years, date a little longer, then get engaged and apply for adjustment of status). Now, I've been on so many different visa sites/forums and they all say different things about the K-1 Fiance visa and the Spousal visa. I'm just wondering ... most people say that the BEST way to go about obtaining a visa is to get engaged and do it the K-1 visa way as opposed to getting married and then trying to apply for the spousal visa, right? I thought I've read that the US looks down on anything that was planned and that you'd need to prove the marriage wasn't planned but instead was spur of the moment (which doesn't make any sense to me, but okay...). Am I wrong on any of this? If the K-1 Visa really is the best way to go about it, how long would it take for a British citizen to receive the visa once they've applied for it (and I'm assuming he would have to apply once he's out of the country, correct)? Then, how long would it take him to be able to legally start working in the US once he received the visa? (that's our biggest concern right now - is him being able to work) I love him very much and if we did have to go this route, I would be more than okay with this decision :) ... I just am so antsy and hate having to be apart and wait. It just seems like the whole visa process in general - no matter what visa you're applying for - needs improvement.

Anyway, any advice anyone could give me would be great. We're just trying to figure out the easiest route for us to get him here.

Thanks!

[Noah Lot 387]

Hello -

I'm hoping someone can help me answer some questions. I'm new to this forum and need some answers!!

So...I'm American (currently living in NYC) and my boyfriend is British (from Jersey, Channel Islands). We've been dating for a little over 7 months now, and in the entire time we've been dating (and for about 5 months before that), he's been coming in and out of the country on tourist visas (so he'd be here for around 2-3 months, go home for a month, then come back for another 2-3 months, and so on). I guess before he came into the country the last time, he had heard that he would be given a "warning" (which he wasn't) and to be ready to present the papers and other documentation that show he's in the process of trying to apply for an investor visa (not sure which one - I just know that it would allow him to stay here for two years and start his own company). Anyway, he was never given a warning and never had to talk to anyone about why he's been in an out so many times. He now is getting ready to leave the country again at the end of this month and is really worried about being let back in on a tourist visa when he tries to come back in August. The thing that's crazy is that in order to actually prepare his application for the investor visa properly, he needs to be over here!! (Example #1: He needs to have an American bank account, and in order to create an account with any bank, he must have a place of residence here - which he currently does not ... Example 2: He needs to prove he has an office space/location where the Americans he's going to be employing will be working) These are just a few examples, but from what I understand, it seems that in order for his investor visa application to get approved he HAS to have these things, and the only way to do that is to be over here quite a bit, if not permanently already (which doesn't really make that much sense to me, but okay...) I guess my first question is: When he goes through customs in August, is it probable that this time someone will stop him and ask him why he's been coming in and out of the country so much? And if they do stop him, will him showing them his documentation for why he's coming in (trying to set up a business) be enough to let him pass through? I'm really worried that he'll get here and then get sent back this time. =(

Which leads me to my next question .... (and I apologize if this is the wrong forum that I'm posting in for this question)

If his investor visa doesn't work out, at that point we'd probably just speed up an engagement (ideally we'd like him to get the investor visa, come here for a few years, date a little longer, then get engaged and apply for adjustment of status). Now, I've been on so many different visa sites/forums and they all say different things about the K-1 Fiance visa and the Spousal visa. I'm just wondering ... most people say that the BEST way to go about obtaining a visa is to get engaged and do it the K-1 visa way as opposed to getting married and then trying to apply for the spousal visa, right? I thought I've read that the US looks down on anything that was planned and that you'd need to prove the marriage wasn't planned but instead was spur of the moment (which doesn't make any sense to me, but okay...). Am I wrong on any of this? If the K-1 Visa really is the best way to go about it, how long would it take for a British citizen to receive the visa once they've applied for it (and I'm assuming he would have to apply once he's out of the country, correct)? Then, how long would it take him to be able to legally start working in the US once he received the visa? (that's our biggest concern right now - is him being able to work) I love him very much and if we did have to go this route, I would be more than okay with this decision :) ... I just am so antsy and hate having to be apart and wait. It just seems like the whole visa process in general - no matter what visa you're applying for - needs improvement.

Anyway, any advice anyone could give me would be great. We're just trying to figure out the easiest route for us to get him here.

Thanks!

Investor visa? With what $$$? One cannot start a business with peanuts...

I would guess he will be put under a microscope next time (his info is in the computer).

K1 is the best route..6-8 months turnaround time.

[NYCGirl18 1]

He has money from selling his company in the UK ... money isn't the problem.

If they do question him when he comes back in August this time ... would showing them his documents for the investor visa be sufficient or will they not like that and send him back? That's really what I need to know, I guess.

If we wanted to start the K-1 process now, we couldn't since he's still in the country, right?

[Harpa Timsah 13,258]

He has money from selling his company in the UK ... money isn't the problem.

If they do question him when he comes back in August this time ... would showing them his documents for the investor visa be sufficient or will they not like that and send him back? That's really what I need to know, I guess.

If we wanted to start the K-1 process now, we couldn't since he's still in the country, right?

You can't guess what is going to happen in the future. People scared you last time that he would be "warned" and he wasn't. So now you are scared about a future warning, yet again. If he shows his progress for the investor visa then he should be let in. I think the fact that he wasn't warned before speaks volumes.

K-1 visa is not "best." It is one option. In fact, if you want him to work in the US, K-1 would be a bad option, because there is a period of time after the marriage that the foreigner cannot work or travel, and that doesn't sound good for your situation.

[NYCGirl18 1]

You can't guess what is going to happen in the future. People scared you last time that he would be "warned" and he wasn't. So now you are scared about a future warning, yet again. If he shows his progress for the investor visa then he should be let in. I think the fact that he wasn't warned before speaks volumes.

K-1 visa is not "best." It is one option. In fact, if you want him to work in the US, K-1 would be a bad option, because there is a period of time after the marriage that the foreigner cannot work or travel, and that doesn't sound good for your situation.

That's a very good point - that the K-1 wouldn't be the best/fastest option for him being able to come and work here. I guess I didn't even think about that. Hopefully you're right though, and when he shows progress for his investor visa, they will still let him back in. One can only hope!!

[LIFE'SJOURNEY 970]

I find it strange that someone who is trying to invest an half million US dollars in a company would not have invested in a US lawyer who would be helping them to weed through all of this. But finds themselves on an internet blog asking questions that could make or break their investment process.

Your friend should 1st invest in a business lawyer who could aid him through this process if he is serious about being successful.

[NYCGirl18 1]

I find it strange that someone who is trying to invest an half million US dollars in a company would not have invested in a US lawyer who would be helping them to weed through all of this. But finds themselves on an internet blog asking questions that could make or break their investment process.

Your friend should 1st invest in a business lawyer who could aid him through this process if he is serious about being successful.

Yes...He does have a lawyer who has guided him through the process and let him know everything he needs to do (and also costs him lots of money for every meeting). The question wasn't about the process of how to obtain that type of visa, it was about the probability of him not being let back into the country because he's been here "too much" already (and if anyone else had every experienced that outcome).

[Noah Lot 387]

Yes...He does have a lawyer who has guided him through the process and let him know everything he needs to do (and also costs him lots of money for every meeting). The question wasn't about the process of how to obtain that type of visa, it was about the probability of him not being let back into the country because he's been here "too much" already (and if anyone else had every experienced that outcome).

It does not take that long to get an E2 visa...about how much $$ is he willing/able to invest?

[NYCGirl18 1]

It does not take that long to get an E2 visa...about how much $$ is he willing/able to invest?

I'm not sure .... we were told that the more money he invests, the better his chances are, but that the minimum is $100,000. Does that sound right?

Also - how long would you say it will take to get approved once he submits everything? Is it less time than a K-1 visa?

[Ebunoluwa 6,136]

Look here in the VJ guides to compare both. http://www.visajourney.com/content/guides

In your situation a Cr1 (spousal visa) is the best way to go. Both take about the same length of time but he can work /travel sooner

and it is a little cheaper for the AOS.

[NYCGirl18 1]

Look here in the VJ guides to compare both. http://www.visajourney.com/content/guides

In your situation a Cr1 (spousal visa) is the best way to go. Both take about the same length of time but he can work /travel sooner

and it is a little cheaper for the AOS.

Thanks a lot for that! It's a great comparison table, although so much information I feel so confused now! LoL. One question I do have off the top of my head is ... We were told that the US looks down on getting married FIRST and then applying for the visa... and that you'd have to somehow prove the marriage wasn't planned. Is that true or just a rumor? I mean, it must not be that big of an issue if there are a few different options for couples who are already married, right?

[Xanax 349]

Hello -

I'm hoping someone can help me answer some questions. I'm new to this forum and need some answers!!

So...I'm American (currently living in NYC) and my boyfriend is British (from Jersey, Channel Islands). We've been dating for a little over 7 months now, and in the entire time we've been dating (and for about 5 months before that), he's been coming in and out of the country on tourist visas (so he'd be here for around 2-3 months, go home for a month, then come back for another 2-3 months, and so on). I guess before he came into the country the last time, he had heard that he would be given a "warning" (which he wasn't) and to be ready to present the papers and other documentation that show he's in the process of trying to apply for an investor visa (not sure which one - I just know that it would allow him to stay here for two years and start his own company). Anyway, he was never given a warning and never had to talk to anyone about why he's been in an out so many times. He now is getting ready to leave the country again at the end of this month and is really worried about being let back in on a tourist visa when he tries to come back in August. The thing that's crazy is that in order to actually prepare his application for the investor visa properly, he needs to be over here!! (Example #1: He needs to have an American bank account, and in order to create an account with any bank, he must have a place of residence here - which he currently does not ... Example 2: He needs to prove he has an office space/location where the Americans he's going to be employing will be working) These are just a few examples, but from what I understand, it seems that in order for his investor visa application to get approved he HAS to have these things, and the only way to do that is to be over here quite a bit, if not permanently already (which doesn't really make that much sense to me, but okay...) I guess my first question is: When he goes through customs in August, is it probable that this time someone will stop him and ask him why he's been coming in and out of the country so much? And if they do stop him, will him showing them his documentation for why he's coming in (trying to set up a business) be enough to let him pass through? I'm really worried that he'll get here and then get sent back this time. =(

Which leads me to my next question .... (and I apologize if this is the wrong forum that I'm posting in for this question)

If his investor visa doesn't work out, at that point we'd probably just speed up an engagement (ideally we'd like him to get the investor visa, come here for a few years, date a little longer, then get engaged and apply for adjustment of status). Now, I've been on so many different visa sites/forums and they all say different things about the K-1 Fiance visa and the Spousal visa. I'm just wondering ... most people say that the BEST way to go about obtaining a visa is to get engaged and do it the K-1 visa way as opposed to getting married and then trying to apply for the spousal visa, right? I thought I've read that the US looks down on anything that was planned and that you'd need to prove the marriage wasn't planned but instead was spur of the moment (which doesn't make any sense to me, but okay...). Am I wrong on any of this? If the K-1 Visa really is the best way to go about it, how long would it take for a British citizen to receive the visa once they've applied for it (and I'm assuming he would have to apply once he's out of the country, correct)? Then, how long would it take him to be able to legally start working in the US once he received the visa? (that's our biggest concern right now - is him being able to work) I love him very much and if we did have to go this route, I would be more than okay with this decision :) ... I just am so antsy and hate having to be apart and wait. It just seems like the whole visa process in general - no matter what visa you're applying for - needs improvement.

Anyway, any advice anyone could give me would be great. We're just trying to figure out the easiest route for us to get him here.

Thanks!

Hi, welcome to VJ. I hope all the information I attempt to give you is correct, if it is not , I am SURE someone will correct me.

• In regards to the VWP and coming in and out of the US, your partner CAN be denied entry any time and would then have to go somewhere else, or home. If your partner is denied, I believe (and I could be wrong) he will no longer be able to use the VWP and he will have to get a tourist visa.
  
• In regards to the investors visa there seems to be 4 types according to google:
  

L-1A International Managers

Manager or executive works for foreign company that is related to a US company by 50% or more common ownership. The manager must have worked for the foreign company for one of the past three years and must be coming to the US company to work in a managerial or executive capacity.

E-1 Treaty Traders

Manager or executive from a treaty country controls substantial trade between the US and the treaty country. Substantial as a general rule means $500,000 or more a year of trade.

E-2 Treaty Investors

Owner or Developer of the new enterprise from a treaty country (see list of treaty countries) has 50% or more ownership in a substantial US employment creating investment. As a general rule substantial means $200,000 or more. Although smaller investments are often approved the risk of denial increases as one heads south of $200,000.

Eb(5) Immigrant Investors.

Individual invests $500,000 in a high unemployment area (150% of national unemployment rate) or $1,000,000 elsewhere and hires 10 persons within 2 years, or invests in a Regional Center and may use job multiplier studies instead of direct employment. Because this category has been controversial INS processing times are slow and unpredictable.

• In regards to the spousal visa, versus the K-1 versus what I think you meant by" I thought I've read that the US looks down on anything that was planned and that you'd need to prove the marriage wasn't planned but instead was spur of the moment (which doesn't make any sense to me, but okay...). " is getting married and adjusting status from a tourist, investor or VWP visa, it is whatever works best for you, though you cannot enter on a VWP with the intention to get married and adjust status. You see a lot of people going the K-1 route because it means they have 90 days to get married once they enter the states and it is a little quicker than the spousal visa (Cr-1 or IR-1 if married over 2 years), alternatively the spousal visa takes a little longer to obtain but once you enter the US you have LPR status, you do not have to adjust your status like with the K-1 and that means your spouse could work straight away.
  

---

If I were you I would:

1) consider taking some trips to the UK myself first (it appears your bf has enough money to support the both of you if he has 100k-1m to invest in the US) and dating some more.

2) consider taking trips alternately to the US and UK and file for the k-1 as it is taking around 9 months to complete the process anyway and that is nearly another year of dating, once granted the K-1 you have 6 months to use it as well so if you still need more time you have another six months, so 9+6 = 15 months of dating before you would actually have to get married and if you include the 3 months you have to get married once in the states that is 18 month- keep in mind though you will be paying for the k-1 process and if you really have no intention of using the k-1 or you do have doubts this maybe isn't the right path, I would not recommend the K-1 or spousal visa for that matter if you were not sure, but nothing is certain, right?.

3) consider living in the UK.

3) continue on the investment visa side, though I feel that is risky with the market at the moment and if things didn't work out your fiance/ spouse would have ties to the US he may not want (but that is only my opinion)

** Keep in mind you should be able to enter and stay in the UK for 6 months just on your passport so you could do 3 months in the US, 6 in the UK, on, off, on, off (if you have the funds).

______________________________

edit:

Thanks a lot for that! It's a great comparison table, although so much information I feel so confused now! LoL. One question I do have off the top of my head is ... We were told that the US looks down on getting married FIRST and then applying for the visa... and that you'd have to somehow prove the marriage wasn't planned. Is that true or just a rumor? I mean, it must not be that big of an issue if there are a few different options for couples who are already married, right?

It seems you are confused. Think about it, what % of people don't plan their weddings at all? It would be very odd indeed if the US favoured unplanned weddings for visa purposes (in my opinion)

It is not advised to adjust status from the VWP or another type of non-immigrant visa, people do it all the time, but you should not have intent to immigrate when you get off that plane and enter the US.

If for example your partner came into the US and you planned to get married and for him to stay that would be a big NONO. If your partner enter on the VWP and then you spur of the moment got married and decided to adjust status that is "acceptable". If your partner entered on the VWP and got married and then he left and you filed for the CR-1 visa that would also be acceptable.

The K-1 or CR-1 seem the safest bet, no matter what though you haveto prove your relationship is bonafide and not for immigration purposes.

Edited June 17, 2012 by BrittandDan

[Harpa Timsah 13,258]

We were told that the US looks down on getting married FIRST and then applying for the visa... and that you'd have to somehow prove the marriage wasn't planned. Is that true or just a rumor? I mean, it must not be that big of an issue if there are a few different options for couples who are already married, right?

Totally false and nonsense. You can't plan a marriage and then file for a spousal visa? Huh? Think it through... that just makes no sense. I think you are mixing apples and concrete here.

Edited June 17, 2012 by Harpa Timsah

[Xanax 349]

Totally false and nonsense. You can't plan a marriage and then file for a spousal visa? Huh? Think it through... that just makes no sense. I think you are mixing apples and concrete here.

That's what I said

[*Snowdrop* 603]

Thanks a lot for that! It's a great comparison table, although so much information I feel so confused now! LoL. One question I do have off the top of my head is ... We were told that the US looks down on getting married FIRST and then applying for the visa... and that you'd have to somehow prove the marriage wasn't planned. Is that true or just a rumor? I mean, it must not be that big of an issue if there are a few different options for couples who are already married, right?

To me it sounds like you are talking about couples who apply for the spousal visa after entering the US on either a tourist or other non-immigrant visa or the VWP.

In those cases - a 'spur of the moment' marriage is legal. A plan to come to the US using your tourist visa and plan get married, stay and adjust status via your spouse and get a greencard is not legal.

Planning to get married (either in the US or UK) and then your husband returning to the UK while you file for his visa in the US is absolutely fine.

The problem is only if he wanted to stay in the US and get the greencard without going back to the UK to finish the immigration process (interview and medical etc)

If your boyfriend needs to work as soon as he enters the US then a fiance visa will not work for you so you will need to either continue on the investment route or go for the Spousal visa (CR1). It's not a fast process though.