Noorah101

I'm not sure why you think 8 months or so for a K1 visa is "ages". It's less than a year. Of course, if you're really not ready to get married yet, that's different. .. but I thought earlier you referred to her as your fiance?

Rene

Pulaski

An L-1 only works where the UK (non-US) parent company continues to operate without your day-to-day input i.e. with its own manager and operations. Obviously this can be challenging to maintain for an extended period, so the small business owner who succeeds in getting at L-1 would be well advised to apply for a green card so that he/she can eliminate the risk of the non-US parent company failing and eliminating the basis for the L-1 visa.

Rammy1964

That all makes sense. I'm fortunate that the UK parent which I own, I have CEO and complete team running and operating it all. Doesn't rely on me at all except to control the overall development strategy, such as increased expansion into Australia, establish in Canada and scope out for US entry.
Where the US is concerned I am now advised a B-1 is the most appropriate route, which seems sensible to me once I read the permitted activities. If we do set up in the US, then I can convert or reapply for L-1 I presume.
Anyone any views on typical lead times for a B-1?
As an aside, I got notification today that my ESTA status has been altered to Not Authorised to Travel. Shame they didn't alter it after they spotted the initial issue in September.

Rammy1964

The 8 months feeling like ages is because I'm used to spending a lot of time with her and these events have fundamentally changed things. It may not seem a long time on this forum, but is just seems it to me.
Prior to this occurring neither of us was in a rush. Now we are simply exploring if we should speed things up to help us be together. Clearly, that's not an option for us. Someone said early on that desperate people make bad choices. Amen to that. Almost a week on and things seem calmer. Much thanks to the posters here.

scrubbedexpat099

B's are issued usually as combo B1 and B2.

Pulaski

Given the previously discussed likely issues about getting a B2 under his circumstances, it has to be time to recommend consulting an experienced immigration attorney. He's going to need an attorney for an L-1 application anyway.

MarylandNed

It's too late now for the OP but it never ceases to amaze me how many people don't fully understand how strictly and inflexibly US immigration rules are applied. That 90 day limit should be viewed as something carved in stone. Don't go over it. Don't even risk getting close to it. Assume it's an 80 day limit which gives you some wiggle room for getting out before 90 days are up should something go wrong.

I know someone who went to the US, overstayed for years, got married etc. He went back to Ireland to see his terminally ill father and was then caught on the way back into the US. He was deported to Ireland and has spent the last 3 years trying to find a legal way to return.

I know 2 other guys (brothers) from Ireland who moved to the US illegally many years ago when they were very young. They just looked upon it as something that is often done by Irish youth. They are both still there. One is married with kids. Both of them are terrified of leaving the US.

Nutmegger

As this thread progresses, I'm getting a little lost as to what your ultimate objective is. To live in the US with your fiancee? To start and run a business here? Whatever route you take, it is going to take time. If you intend to marry your girlfriend anyway, by far the simplest thing is to just bite the bullet and get started on the K-1 paperwork right away; once you are past the marriage hurdle, and have permission to work, you can initiate whatever kind of business venture you wish.

ian-mstm

I don't think so because "... try and live there! God forbid." was the exact phrase he used!


I think this might be his ultimate objective although, as you say, it's difficult to keep track.

I think what he wants more than anything, is an apology from US immigration because, apparently, it's their fault that he didn't know that his ESTA was no longer valid... and that seems to have set off this whole episode. His most recent comment, "shame they didn't alter it after they spotted the initial issue in September" shows that he still thinks this was their fault. As much as he claims he doesn't, he still seems to regard himself as a victim of US immigration. Alas, we seem to exist in a victim society... nothing is your fault when you're a victim of the system, right?

Ian

Pulaski

And you leap straight to permanent resident status after marrying, so no second round of paperwork to get from L-1 status to permanent residence. ..... That just leaves the matter of whether he even wants to expose the income from his UK and Canadian businesses to the IRS?

Noorah101

There will be another round of paperwork to get PR status after entering on a K1 visa.

Rene

Pulaski

Right, but it is an expect/anticipated/necessary continuation of the K-1 process, whereas a green card application from an L-1 visa is the start of a whole new process.

Noorah101

Interesting. I always saw the AOS process as a whole new process, even after a K1. The K1 gets you here, but in order to stay, you need to do AOS. L1 visa gets you here, but in order to stay, you need to do AOS.

Rene

Rammy1964

Just by way of update for anyone still interested. I have my interview for B1/B2 Visa towards end January. I am hopeful of a positive outcome.
If not, Canada here I come!

The general consensus here was that I have little chance of success with a 5 day overstay and a refusal of entry due to inadmissibility on my record.
Will of course let you know the outcome

Guindalf

There's always a chance, but I wouldn't be holding my breath if I were you!


Good luck.