Can I stay in America whilst waiting for spouse visa?
 

Hi I have a question that hopefully you will be able to answer!
Here's a bit of history first: my boyfriend (a dual Irish/US citizen) and myself (a UK citizen) have been together for coming up 3 years. We have done the whole long distance two weeks in the uk, two weeks in the USA ect, seeing each other every couple of months. I am just coming to the end of a three month stay in USA on the esta and we are looking to the next stage of our relationship.

I have been looking a lot at different visas, we know we want to get married sometime in the future and whilst I think that I can't stay in the USA (for more than the 90 day esta) whilst applying for a spouse visa, my boyfriend thinks that I can, and that USA won't "kick out his wife".
Please clarify this for us as it's looking to be at least two years until I can live in the USA with him full time, giving time for proposal, wedding planning and getting the visa on the current processing times!

The fiancé visa won't work for us, as we would want to get married in either Ireland or England.

Thanks, Emily

Re: Can I stay in America whilst waiting for spouse visa?
 

YOU are correct. While waiting for an Immigrant Visa to be processed, you can only visit the USA as a visitor as you've been doing. Only when you have your immigrant visa in hand and use it to enter the USA, THEN you can remain in the USA.

It won't be 2 years until you can live together, it would be more like 8 - 10 months (after marriage, of course).

If you want to have a long, drawn out, proposal and a fancy wedding, then yes...all that takes planning. But many people just do a simple courthouse marriage in order to get the ball rolling on the immigrant visa process, and then have a fancy affair later.

The choice is yours. But while waiting, you cannot live in the USA, no.

Ren

Re: Can I stay in America whilst waiting for spouse visa?
 

Thanks for the quick reply. It probably would be about a year until we get married ( due to family all over the world needing to plan to fly over, and family is important to both of us!)
Ah well, we have done three years, what's another couple!
Thanks again!
Emily

Re: Can I stay in America whilst waiting for spouse visa?
 

Apparently you did not intend to stay permanently in US when you arrived on VWP last time?

Re: Can I stay in America whilst waiting for spouse visa?
 

No, I always intended on only staying for just under the 90 day limit, so I am boarding my flight back to the uk on Monday :( . This was the trial period (so to speak) to see if we could spend more than two-three weeks together and still get on as well as we do!
I know how strict they are so I don't want to overstay!

Re: Can I stay in America whilst waiting for spouse visa?
 

To be fair, what does two to three weeks really serve as? You need months really. But, good luck in any case!

Re: Can I stay in America whilst waiting for spouse visa?
 

Maybe, but not everyone has months to spare. People need to be at work, at school, with kids back home...etc. I spent only a few days with my now husband when we decided to get serious about each other. After 2 years on the phone, we spent 3 weeks together to look for any huge red flags. After seeing none, we went ahead with the K-1 visa. 14 months later, we spent another 2 weeks together (for his interview) before heading off to the USA together. So a few weeks can serve a lot, when that's all you have to work with.

Rene

Re: Can I stay in America whilst waiting for spouse visa?
 

But you come across as being the most rational woman on the face of the planet, not sure it would work for anyone else. :lol:

Re: Can I stay in America whilst waiting for spouse visa?
 

LOL thank you! :)

Rene

Re: Can I stay in America whilst waiting for spouse visa?
 

Pretty scary when you think about it isn't it?! When I move over we'll have spent a total of about 7 weeks together and the longest period was only 11 days - eek! :scaredhair:

Re: Can I stay in America whilst waiting for spouse visa?
 

Aha, I see we have a lot in common!! :D

It's a bit scary when you think of how little physical time together that is, yes! But we're coming up on our 10th wedding anniversary on April 29, very happy together. :)

Rene

Re: Can I stay in America whilst waiting for spouse visa?
 

Aww, that's so cool! Hope we're just as happy 10 years from now! :)

Re: Can I stay in America whilst waiting for spouse visa?
 

It's good when it works out well, no matter the time involved.

I've probably had it good compared to some then, I've spent just over 33 weeks with my OH in the last 2 years.
We're already way past the 'bickering like an old married couple' stage :-)
And I think that if she hasn't killed me by now she probably never will.

Re: Can I stay in America whilst waiting for spouse visa?
 

Wow, how did you manage that? That's great :)

:goodpost:

Re: Can I stay in America whilst waiting for spouse visa?
 

Being self-employed was a big part of it.
Although my boss wasn't always too happy about me being out of the country for 8 weeks at a time.
I've done 3 trips over there of 7,8,9 weeks. She's been over here three times as well but her boss was never going to let her have more than her due vacation, so they were 3,4 & 2 weeks.. I guess I am a nice boss after all :D