us/uk citizen and baby.

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Old Mar 15th 2012, 5:16 pm
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Default us/uk citizen and baby.

Hi, I was wondering if anyone could help me..

I am a US citizen and my boyfriend is a UK citizen. we are having a baby together and I'm going back to America soon so I can have the baby..

My question(s):
Is there a type of visa (other than a work or marriage) that will allow my boyfriend to come stay/live in america and still work? if not, what can we do so he can be with us and how long will it take?
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Old Mar 15th 2012, 5:19 pm
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Default Re: us/uk citizen and baby.

Originally Posted by kelliekaos
Hi, I was wondering if anyone could help me..

I am a US citizen and my boyfriend is a UK citizen. we are having a baby together and I'm going back to America soon so I can have the baby..

My question(s):
Is there a type of visa (other than a work or marriage) that will allow my boyfriend to come stay/live in america and still work? if not, what can we do so he can be with us and how long will it take?
You give far too little information. But based on what you've said so far, the options currently available are marry him, marry him or marry him.
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Old Mar 15th 2012, 5:21 pm
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Default Re: us/uk citizen and baby.

Originally Posted by kelliekaos
Hi, I was wondering if anyone could help me..

I am a US citizen and my boyfriend is a UK citizen. we are having a baby together and I'm going back to America soon so I can have the baby..

My question(s):
Is there a type of visa (other than a work or marriage) that will allow my boyfriend to come stay/live in america and still work? if not, what can we do so he can be with us and how long will it take?
Marrying before the birth will make getting the baby British citizenship much easier, but may delay the two of you being together. There is no common law option.
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Old Mar 15th 2012, 5:29 pm
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Default Re: us/uk citizen and baby.

Originally Posted by kelliekaos
Is there a type of visa (other than a work or marriage) that will allow my boyfriend to come stay/live in america and still work?
No.


... if not, what can we do so he can be with us and how long will it take?
If he's eligible to use the visa waiver program (VWP), he can visit for up to 90 days, but he must return to the UK when he's done.

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Old Mar 15th 2012, 5:38 pm
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Default Re: us/uk citizen and baby.

Originally Posted by kelliekaos
Is there a type of visa (other than a work or marriage) that will allow my boyfriend to come stay/live in america and still work?
Other than work or marriage, there are student (he will be limited as to work, though) and investment visas.

if not, what can we do so he can be with us and how long will it take?
By far the easiest way will be by marriage. If you marry in the UK first, then you guys can do a spouse Immigrant Visa, which takes about 8 - 10 months to process. He can visit the USA while it's processing. He becomes a US Permanent Resident as soon as he enters the USA using the Immigrant Visa. He would be able to work from Day 1 in the USA.

The other option is to do a K-1 fiance visa, which means he enters the USA with a K-1 visa and has 90 days to marry you in the USA. Then he does more paperwork to apply for his PR status. He would not be work authorized for at least his first 3 - 4 months or more in the USA. The K-1 visa process also takes about 8 months to process, and he can visit the USA while it processes.

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Old Mar 15th 2012, 9:26 pm
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Default Re: us/uk citizen and baby.

Originally Posted by kimilseung
Marrying before the birth will make getting the baby British citizenship much easier...
In what way? If the child is a UK citizen by descent through the father, it makes no difference whether the parents are married or not. Nothing needs to be done to "get" UK citizenship in this scenario - the child is a UK citizen whether they obtain proof of that or not. They can simply obtain a UK passport for the child and/or do consular birth registration. Neither of these things confers UK citizenship - they just prove that the child already is a UK citizen by descent.

Marriage will make it much easier for the father to move to the US. But that's got nothing to do with the child's UK citizenship.
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Old Mar 15th 2012, 9:53 pm
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Default Re: us/uk citizen and baby.

Originally Posted by MarylandNed
In what way? If the child is a UK citizen by descent through the father, it makes no difference whether the parents are married or not. Nothing needs to be done to "get" UK citizenship in this scenario - the child is a UK citizen whether they obtain proof of that or not. They can simply obtain a UK passport for the child and/or do consular birth registration. Neither of these things confers UK citizenship - they just prove that the child already is a UK citizen by descent.

Marriage will make it much easier for the father to move to the US. But that's got nothing to do with the child's UK citizenship.
I forget off hand, On reflection I think the law was changed. previously it was fine for an unmarried mother, but not for the unmarried father, to pass on British citizenship. Sorry if I caused any unnecessary anxiety.
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Old Mar 15th 2012, 10:39 pm
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Default Re: us/uk citizen and baby.

Originally Posted by kimilseung
I forget off hand, On reflection I think the law was changed. previously it was fine for an unmarried mother, but not for the unmarried father, to pass on British citizenship. Sorry if I caused any unnecessary anxiety.
Interesting, more recent change than I thought 2006.

http://en.wikipedia.org/wiki/British...hip_by_descent
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Old Mar 15th 2012, 11:09 pm
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Default Re: us/uk citizen and baby.

Get married would be the easiest/cheapest way.

You don't say how you're in the UK though, and if you're there as a tourist, you'd not be able to get married until you got a fiance visa.
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Old Mar 19th 2012, 8:18 am
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Default Re: us/uk citizen and baby.

I am currently here in the UK as a tourist, i know i can't get married here unless we got a proper visa for me to do so but with the baby on the way i'll be leaving next month and wont be able to return for a while due to money and well, having and taking care of the baby.

we've discussed Marriage and also agree it's the best way to go. We'd get married in America, most likely this December around Christmas when he can get time off work to visit.

(He's also in the process of trying to get a work visa, if it's faster but it doesnt seem so. He's a pilot and having to convert all his licenses and take tests takes a long time and a lot of money and plus he cant get the visa until he gets a job.. but he wont be able to stay in america long enough to get a job offer.. so that's tricky)

What are the Forms to fill out (IN ORDER) to obtain a fiancee visa to get married in America.

and what are the Forms to fill out (IN ORDER) to get the marriage visa so he'll be able to live and work there?

we've looked up so much stuff and find it all so confusing.

we do have a slight problem though, since i've been over in the UK, i do not have a job back home, so there is no way i can prove that i could support him while he's in America.. what do we do? is there anyway around that? could someone else fill it out, like one of my parents to prove he'll be supported and wont take any of the public funds? :/

*also, do we mention having a baby?, because on the forms i've seen it asks about children he may have that would come to america with him (he doesnt have any others) but nothing about if WE have kids together..?*
please help! and thank you in advance.

Last edited by kelliekaos; Mar 19th 2012 at 8:40 am.
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Old Mar 19th 2012, 9:42 am
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Default Re: us/uk citizen and baby.

Have you considered moving to the UK, instead of your boyfriend moving to the US?

Realistically you'd still have to get married, but it would be generally quicker and easier than him moving to the US, especially considering that he already has a job and won't have to recertify all his pilot stuff or job hunt, plus the healthcare costs of a child.
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Old Mar 19th 2012, 10:02 am
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Default Re: us/uk citizen and baby.

Originally Posted by srefre
Have you considered moving to the UK, instead of your boyfriend moving to the US?

Realistically you'd still have to get married, but it would be generally quicker and easier than him moving to the US, especially considering that he already has a job and won't have to recertify all his pilot stuff or job hunt, plus the healthcare costs of a child.
we have talked about that but we're afraid i might not be able to come back here because ive overstayed my 'visitors visa' and he's been wanting to make the move to America anyway.
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Old Mar 19th 2012, 10:20 am
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Default Re: us/uk citizen and baby.

Originally Posted by kelliekaos
we have talked about that but we're afraid i might not be able to come back here because ive overstayed my 'visitors visa' and he's been wanting to make the move to America anyway.
Depending on the length of overstay, it may or may not be an issue.

I'd seriously think about it though, as with a young baby, I can't imagine it would be much fun if you were both unemployed in the US, which seems like a very real possibility, at least initially.

As an aside, I think most airlines won't let you fly after 36 weeks. May not affect you, but as it sounds like you've been here a while, and may have been pregnant a while, I thought it was worth pointing out.

Last edited by srefre; Mar 19th 2012 at 10:25 am.
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Old Mar 19th 2012, 12:42 pm
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Default Re: us/uk citizen and baby.

Originally Posted by kelliekaos
What are the Forms to fill out (IN ORDER) to obtain a fiancee visa to get married in America.

and what are the Forms to fill out (IN ORDER) to get the marriage visa so he'll be able to live and work there?
You can find that information if you read the wiki. All the info is up top, in the stickied thread.
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Old Mar 19th 2012, 1:05 pm
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Default Re: us/uk citizen and baby.

Originally Posted by kelliekaos
I am currently here in the UK as a tourist, i know i can't get married here unless we got a proper visa for me to do so but with the baby on the way i'll be leaving next month and wont be able to return for a while due to money and well, having and taking care of the baby.
If you fancy a trip to Jersey, I believe you can get married there.
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