Mja1233

Noorah101

Hi and welcome to BE!

It's doubtful he can get a work visa to work in a distillery, but he can certainly apply for jobs and see if an employer will sponsor him...or if he qualifies for a work visa. Even if he does, the next round of applications starts in April 2019 for a start date of October 2019, so not going to happen soon.

But by far the easier way to be together is to do one of the marriage based visas... either a K-1 fiance visa or a CR-1 spouse immigrant visa. Both visas take about a year to process, so if you want him to be here in May 2019, you need to have started a few months ago. You are looking at more like late 2019 until he can live in the USA full time, but you can still visit each other during the visa process.

Unfortunately, he can only stay in the USA on VWP visits of less than 90 days and he can't work in the USA until he gets a work or marriage based visa in hand.

Our Wiki has a good comparison chart of the 2 marriage based visas.

Rene

Noorah101

Also check out the Wiki article called Pulaski's Ways. It lists all the visas to the USA, your bf can see if one applies to him.

Rene

Mja1233

01morrissonj

Hi there,

Myself and my Fiancée are now 5 months deep into the fiancé visa process, we filed our paper work in March and it went to the processing centre in California who I believe are currently taking 5-7 months to "do their bit" so we're hoping to hear something soon.

As has already been said your bf is able to come and visit you during this process as my fiancée has travelled here (to the UK) and I have travelled there (to the US) whilst our paperwork is being processed.
Personally I have not had any issues going through Customs and Immigration when going to the US but I have only stayed for 2 weeks maximum (due to work commitments) the guy at the desk asked the usual questions, noted that there was a visa pending on my electronic passport, double checked that I wasn't going to get married yet and I was on my way.
My fiancée came in July where she was unlucky enough to meet an "awkward" immigration person who gave her some grief before letting her through (we think that the phrase "visiting my fiancé" can sometimes raise eyebrows depending on the mood they're in).

The semi-frequent long term stays might be an issue, they may question if he's working whilst spending so much time abroad.
Ultimately its down to the immigration person behind the desk on that day, if you can prove that there's a return flight booked and he's not going to work whilst he's staying and can support himself then there's little reason for there to be an issue.

tom169

On the VWP do not stay full 90 days. Too risky with natural disasters, flight delays, etc. One second overstay means no more vwp.

civilservant

This. Because it's the only way you have any hope of him coming to the US as anything other than a visitor.

I would recommend no more than 85 day stays at a time, and even this is likely to get hairy after the first 2/3 times.

Noorah101

Multiple lengthy stays are not a good idea. Doesn't he have a job? How can he take so much time off to spend in the USA? You don't want the POE agent to start thinking he's effectively trying to live in the USA without the proper visa, and it's unusual to be allowed so much time off, you don't want the POE officer to think he's going to work in the USA to support himself while there so much.

Keep the visits as they have been so far.

Rene

BenK91

As others have advised, multiple lengthy visits wouldn't be sensible. CBP Officers will definitely start asking questions.

I visited my wife during the visa process and only once did I get a few questions. These visits were about 8-10 days in length and I only went every 3-4 months. Rene pretty much hit the nail on the head, the easier way to be together permanently would be to get married and do the K1 or CR-1. He can apply for jobs in the hope someone will sponsor him, but if (and that's a huge if) he finds someone to sponsor him, there's nothing to say his employment-based visa would be accepted. Whereas the chances of a K1 or CR-1 getting denied are pretty damn slim if you have a straight forward case.

notaclue

Noorah101

Regarding this, you don't have to get married before we can help you. Only get married if you're going to do the CR-1 immigrant visa. If you're going to do the K-1 visa, you'll get married later.

Rene