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Old Aug 23rd 2010, 4:34 pm   #1
ScottishMedia
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Default O3 visa - fiancee or wife?

Hi

Any help on this topic would be much appreciated.

My American company are in the process of submitting my O1 visa application to allow me to work for them Stateside.

Would my fiancee be allowed to enter the US on an O3 visa and live with me, or will we have to get married in the UK first before she is allowed entry on the O3 visa?

My thanks in advance for your help.

Mark
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Old Aug 23rd 2010, 4:44 pm   #2
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Default Re: O3 visa - fiancee or wife?

She would need to be married to you to be in O-3 status. However:
* If you have been cohabiting she is probably eligible for a "special" B-1/B-2 visa which would allow her to live with you in the US without getting married.
* If you do want to marry it does not have to be in the UK. She could visit you in the US and you can marry there, then either she can return to the UK to get the visa, or possibly stay in the country and change status to O-3 depending on how she entered the US.
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Old Aug 23rd 2010, 4:49 pm   #3
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Default Re: O3 visa - fiancee or wife?

HenryH: Thanks so much for your swift reply.

We have been living together for nine years - our mortgage is in both our names. Would this be enough evidence to submit an application for the B-2 visa?

Secondly, we plan to get married next summer anyway. However I have no objection in her coming over to the US and us getting married there. Do you think this would be the easiest option?

Thanks again

Mark


Quote:
Originally Posted by henryh View Post
She would need to be married to you to be in O-3 status. However:
* If you have been cohabiting she is probably eligible for a "special" B-1/B-2 visa which would allow her to live with you in the US without getting married.
* If you do want to marry it does not have to be in the UK. She could visit you in the US and you can marry there, then either she can return to the UK to get the visa, or possibly stay in the country and change status to O-3 depending on how she entered the US.
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Old Aug 23rd 2010, 5:18 pm   #4
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Default Re: O3 visa - fiancee or wife?

Quote:
Originally Posted by ScottishMedia View Post
Hi

Any help on this topic would be much appreciated.

My American company are in the process of submitting my O1 visa application to allow me to work for them Stateside.

Would my fiancee be allowed to enter the US on an O3 visa and live with me, or will we have to get married in the UK first before she is allowed entry on the O3 visa?

My thanks in advance for your help.

Mark
She can't get an O-3 unless she is your spouse.

http://london.usembassy.gov/ability.html
Spouses and/or children under the age of 21 who wish to accompany or join the principal visa holder in the United States for the duration of his/her stay require derivative O-3 or P-4 visas. Spouses and/or children who do not intend to reside in the United States with the principal visa holder, but visit for vacations only, may be eligible to apply for visitor (B-2) visas, or if qualified, travel visa free under the Visa Waiver Program .

More information for partners and common-law spouses .
(follow links on page)
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Old Aug 23rd 2010, 5:25 pm   #5
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Default Re: O3 visa - fiancee or wife?

Perhaps a Mod can merge this thread with the one you have ongoing in the US Immigration Forum. That is the better location for these types of questions.

If you are both UK citizens, it would probably be easier getting married in the UK, before you leave on your O-1 visa, so that she can very easily join you as your spouse on an O-3. Otherwise you are looking at a lot more paperwork, a lot more proof of cohabitation, a potential denied B-2 visa on her part, a hassle at the POE when she comes over, a 6-month-allowed stay if she gets it, difficult to extend, etc.

Since you're planning on getting married anyway, I'd just move up the date and make it a LOT easier on yourselves visa-wise.

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Old Aug 23rd 2010, 5:26 pm   #6
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Default Re: O3 visa - fiancee or wife?

Thanks for this.

Mark
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