Terri

Here is my situation.....

I am an American citizen living in the UK with a Indefinite Leave to
Remain. I am married to a British citizen. We are going on holiday to
America in November but chances are we are hopeing to stay....

My questions are:

1) How long can me and my husband stay in America on holiday without
him having a visa?

2) Does my husband need a visa to stay in America before going on
holiday?

3) If my husband needs to have a visa before going on holiday, is
there a way of getting it quick?

4) Can he stay in America and wait on a visa since he is married to an
American citizen (me)?

I hope someone out there has some advice for me cause it is worrying
me and I would just like to know what we need to do before we go on
holiday....

Thanks in advance
Terri

Rete

If you are hoping to stay then he has intent to migrate. He would need the proper immigration visa to enter the US. Since you are a USC with leave to remain in the UK you can apply for his immigration visa at the US Consulate in London. Go to their website and download the information required. Processing can take 3 to 6 months depending on the availability of your husband's documentation and police clearance certificate and your ability to be his financial sponsor.

To come on a holiday only requires the use of the VWP good for 90 days if he has no criminal history. For anytime longer than that he heeds a tourist visa obtainable at the US Consulate in London.

Note, however, you might be thinking because you are a USC and can transport your belongings back to the US and hubby just comes with you for the ride, I have to tell you that this is considered fraud by the USCIS because of his intent at entry and lack of a proper visa.

Rete