EmilyW

1 hour ago, Paul & Mary said:

Diversity Visas do not require a job to be in hand.   It does require 2 years of prior job experience.

This isn't entirely correct. 

One of the requirements is that you must have either a high school diploma OR if you don't have a high school diploma, 'you must have two years of experience in the last five years, in an occupation which, by US Department of Labor definitions, requires at least two years of training or experience that is designated as Job Zone 4 or 5, classified in a Specific Vocational Preparation rating of 7.0 or higher'.

If you have a high school diploma, there is no requirement to have job experience.

https://travel.state.gov/content/travel/en/us-visas/immigrate/diversity-visa-program-entry/diversity-visa-if-you-are-selected/diversity-visa-confirm-your-qualifications.html

He can visit so long as he abides by the terms of his ESTA, which includes him spending more time outside of the US than within.  If he is asked why he is wanting to enter the US, he has to be honest.  Long periods in the US may be seen by the officers at the border as him attempting to live in the US, which may result in him losing his privileges.

The reality is, some separation is inevitable.  We get it: you love him.  You will find thousands on this site who also love their partners and have to tolerate separation for a period of time until they can be together.

My suggestion.  He gets his divorce sorted. In the meantime, you two continue to make judicious use of his ESTA privileges while you identify which visa you want to use (K1 or CR1).

It must be common enough that it impacts success rates of those getting tourist visas.  

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Apart from waiting for the divorce to come through is there any way he could go for divorce while here . Stay and once divorced we get married ? 

Uk divorce proceedings say 2 month to 6 month so that would mean a big over stay on his esta .

 

Coming in on his ESTA with the intention to marry and adjust is visa fraud.

What you can do is:

a) wait for his divorce to be final.  He can visit using the ESTA but not overstay.

b) once he is free to marry, file for a K1 Fiance Visa and you two marry here in the US and adjust his status for a green card OR

c) once he is free to marry, you two marry (here or any other destination) and he returns to the UK and files for a CR1 Spousal Visa.

Whether you pick option (b) or (c) he can still use his ESTA to visit.

This might help?

https://travel.state.gov/content/travel/en/us-visas/immigrate/the-immigrant-visa-process/collect-and-submit-forms-and-documents-to-the-nvc/step-5-collect-supporting-documents.html

OP was just asking a question. That's what VJ is for: seeking advice from others.

OP, I hope it all ends well.  Seems like you're on the right track in terms of austerity measures etc.  This will pass and you and your partner will be together and this time will fade in terms of its hardship.

OP, if you know someone who did it the same way, why not ask them about the wait?

The government doesn't accept 'I'm good for it, bro, I promise'.

You might need to get another sponsor.

You can always enter the Diversity Lottery, which is open right now.

I'm wondering if the OP thinks that VAWA will strengthen and/or expedite the son's application, in the event of divorce, hence the question.  I have no idea whether it does or not, but that's my interpretation.

30 minutes ago, Robin825 said:

Emily W we have zero support also here. When people hear the Netherlands they also think of the great health care. We pay around 300 a month for the 3 of us ( kids are free) BUT ...... where do I start lol..... We took our son to the emergency room after he fell and hit his head very hard. The doctor didn't even touch him and said to us" bring him back if he passes out"  and left. I couldn't believe it. He didn't even look at his pupils NOTHING!! Wearing gloves lol they hardly ever do here. I worked in a hospital, nursing home, hospice, EMT, and was a volunteer. I know what to look for and wow this is scary at times. We are moving to Florida to be near my very close large family.  I also want our little guy to spend some time with his Great Grandmother. She's amazing.... gosh you bringing up support systems made me really think of home.  

Being near family is SO important.  It takes a village, they say, and it sounds like you and your little man have a little city ready to welcome you into their arms.  That's a beautiful thing, my friend, and you're fortunate to have it waiting for you.  🤗

Another mum of a son with autism.  You're not alone here, OP.  And you're amazing, just in case no-one has told you that today.  Your son got lucky with both his parents who love him so much.

I can only speak for my state - North Carolina (Charlotte-Mecklenburg County) - and I can say that the care and attention my son receives is second to none.  From Day 1, we had unconditional support from his school.  I was so overwhelmed because, in our home country (Australia - one of those countries people laud in terms of health care), we had zero support. To come to the US and have support thrown at us.... mind blown.

Like others have said, make sure you move to a place that has support systems in place.  We picked Charlotte because we knew - from other parents - that they took the care of special needs kids seriously.  And it's paid for in spades: our pediatrician in Australia told us our son  would struggle to pass high school and would likely need to live in a supervised group home.  The kid is doing Honors classes in the Fall.  Anything is possible with the right support: kids with autism are incredible people.

Play stupid games, win stupid prizes. If you've made threats against the President (any of them, regardless of political affiliation) or made violent remarks about the US, expect scrutiny.  That's exactly as it should be, for the safety and well-being of the rest of us living here.

Yes, they can't force you to input passwords, which is, once again, exactly how it should be.  But if they have doubt about whether a person is a threat to the US, I'd wager a guess that a long stay in AP purgatory may be in the cards, until such time that you're proven not to be a threat.

This is the best thread on VJ this week.  I'm waiting for the update that says 'I got it!'

LOVE my Global Entry.  Worth every penny.

1 hour ago, Travelling_kiwi said:

I know  I'm well travelled.

As are many of us. 

On 1/8/2019 at 2:28 PM, Travelling_kiwi said:

No, we have something called Holiday Pay/Annual Leave every year, which means we get paid to go on Holiday (pretty much). Here in Australia and NZ we are entitled 5/6 weeks paid with non work.

 

Some people can accumulate up to 3 months! Same goes for people on maternity leave, our government will pay both parents up to 3 months to look after their child if they’re not able to attend their jobs during that time!

 

When I told the CBP about Holiday Pay, they said “so you’re getting paid on a vacation and you’re not working? Doubt it.” 

And I didn’t say anything because I was just thinking... What the... 

The Americans have the same too.  They just call it vacation.  

I'm slightly terrified that they were willing to lie to get what they want.  I hope they realize that him telling border officials that he was there to visit friends, when it's now clear he was trying to visit his wife and adjust, has been recorded.  And that that has established your friend as a dishonest individual who will need to be subject to far greater scrutiny than other applicants.

I wish them luck.  I also wish them the gift of honesty. 

I think the child is hypothetical.  I suspect the question is around whether to have the child born in the US so that it would be a US citizen from the get-go but what the implications would be on her existing petition if she was unable to pay the costs of the birth / used Medicaid.