Help! New on here...need some advice

[Carls 0]

Hello all!

Ok so the story goes....

I'm Carls 26 yrs old, born & bred in London.

I met my fiance 10 yrs ago (to the year) when we were in our teens & he was temporarily living in London with his father. We dated for 2 & a half yrs but he had to go back to NJ to continue his education.

We kept in touch the whole time until i had a opporyunity to audition for a well know Performing Arts school in NY. I got accepted & we were elated cos it finally meant we could be together again....or so we thought!

I went abroad to work in Spain for 6 months while the administrators interracted with my parents sortin out details so that hopefully i could begin my course in the Fall of that year. Unfortunately due to lack of time & funding options in the UK i wasnt able to attend. Gutted.

To cut a long story short, my fiance & i reunited at the beginning of this year & following a holiday out there to go & see him this Aug, we got engaged!!!

I've since been out for another 6 weeks holiday in Sep.

I know there's lots of info on this site but i REALLY dont know where to start in terms of applying for a VISA & moving over there.

I'm going back over there for just under 3months next week to spend the holidays with him & his family but would like to get the ball rolling before i go.

He WASN'T born in the US, neither was his mother....he was born in Barbados. His mother has full US citizenship already & he is in the process of getting his sorted.

I would appreciate any advice as to what to do.

Much love,

C x

[gwenneh 7]

Welcome!

Unfortunately you're not in for good news...the only type of visa petition a permanent resident (as opposed to a citizen) can make is for a spousal visa, and the waiting list for a non-citizen's petition is measured in years.

A non-citizen cannot petition for a fiance visa.

Your best bet is to wait until he has citizenship and then re-assess whether you'd like to do a fiance visa or a spousal type visa (there are a few kinds).

Sorry that's not the best news.

[Carls 0]

Welcome!

Unfortunately you're not in for good news...the only type of visa petition a permanent resident (as opposed to a citizen) can make is for a spousal visa, and the waiting list for a non-citizen's petition is measured in years.

A non-citizen cannot petition for a fiance visa.

Your best bet is to wait until he has citizenship and then re-assess whether you'd like to do a fiance visa or a spousal type visa (there are a few kinds).

Sorry that's not the best news.

Hey Gwen,

Thanks for your response, i had a feeling that that was going to be the case.

He's about to take the exam for citizenship within the month...i'm so annoyed with him for not doing it before as he's been in the US for YEARS!

Also, can i pick your brains about something else Gwen?

Qu: I'm allowed to stay in the US for 90 days at a time as a tourist....i was out there in Aug for 10days, & again in Sep for 5 weeks....this time i'm going out for just under 3 months....can i keep returing to the US in this nature as long as its under 90days at a time? Or are the authorities likely to get suspicious?

[gwenneh 7]

Ah well - at least you're not far off from his citizenship - that will make things MUCH easier!

Yes, you're allowed up to 90 days at a time; however, the authorities can and do get suspicious when they see frequent, long visits to the US. How many visits and how long they have to be to raise suspicion is completely arbitrary and depends on the officer looking at your passport and entry records. What raises a red flag for some might not for others. I will say this - you are getting close to the borderline of where they *will* ask questions; the best thing to do is to be prepared to answer those questions as concisely and honestly as possible.

My husband and I travel to the US frequently, but we always travel with a folder full of "proof of ties to the UK". I recommend this if you're going to do frequent visits. Our folder contains:

-Our tenancy agreement

-Our work contracts

-Bank statements

-Recent utility bills

-council tax bill

-marriage certificate (my surname and his are not the same)

-my passport with my UK spousal visa stamped in it

I have, thus far, only had to pull out The Folder Of Doom once, and it was enough to get through without a problem. Mind you, the time when I had to do this wasn't a time I would have thought had raised suspicion - we had not been in the US for more than ten months, and had the previous visit was for two weeks. So you never know when you will get stopped, the best thing is to just prepare for it.

Another hint I can offer is that you might want to try flying out through Shannon or Dublin. Take a short-hop flight there and then connect to your international flight; you'll receive pre-clearance for immigration while still in Ireland. This way, if you *are* turned back, you don't have so far to go.

Best of luck to you!

[RosemarieL 0]

The visa waiver program is used for visits and not for residency. If your stays add up to more than 6 months in a year then you are residing more in the US than in your own country which would probably cause problems. The final say is the the immigration officer at the border. Whenever you visit the US you run the risk of being turned away.

[pushbrk 14,106]

The visa waiver program is used for visits and not for residency. If your stays add up to more than 6 months in a year then you are residing more in the US than in your own country which would probably cause problems. The final say is the the immigration officer at the border. Whenever you visit the US you run the risk of being turned away.

Yes, don't be thinking of using the VWP or even a tourist visa to circumvent US immigration law and "reside" in the USA. You might want to look into getting a tourist visa that would allow a six month stay.

Beyond that, the process of you legally residingin the US with your fiance or husband must begin with him filing a petition. It is not something you "do" but you have some part in providing documents for the petition package he files. Once the petition is approved, you are then allowed to apply for the visa.

I suggest you get your fiance involved in researching his end of the process, so you can work through it together.

[Carls 0]

Wow,

The things i genuinely had no idea about.

Thank you all for taking the time out to help me.

I feel like i've been thrown in the deep end....all i know is that i'm in love but everything else surrounding the issue is getting me down.

Much love,

C x

[gwenneh 7]

Heh. Welcome to the club.