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Fiancee or H1B visa? Or something else??!

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Old Oct 5th 2007, 9:29 am
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Wink Fiancee or H1B visa? Or something else??!

Im am a UK citizen living in Glasgow and my boyfriend is a US citizen living in California. We've decided that 3 week holidays back and forth isn't really enough and we want to get married. We both think that it would be sensible to live together for a period before marrying. He has the means to support both of us, but I like my independance and need to work. How would we go about this? Which visa would be best in our situation? I currently work for the UK Home Office, have been security cleared, have no criminal record and have a degree. Help! Thanks in advance.
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Old Oct 5th 2007, 9:32 am
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Default Re: Fiancee or H1B visa? Or something else??!

Originally Posted by Nic81
Im am a UK citizen living in Glasgow and my boyfriend is a US citizen living in California. We've decided that 3 week holidays back and forth isn't really enough and we want to get married. We both think that it would be sensible to live together for a period before marrying. He has the means to support both of us, but I like my independance and need to work. How would we go about this? Which visa would be best in our situation? I currently work for the UK Home Office, have been security cleared, have no criminal record and have a degree. Help! Thanks in advance.
The K-1 fiance visa will not give you a chance to live together before making the step to marriage. With the K-1 visa, you must already have the intent to marry within 90 days of your arrival in the USA. So it doesn't sound like this route will work for you.

The only other way would be for you to get your own visa, independent of your USC boyfriend. Please see here for various ways of living and working in the USA, to see if you qualify for one of these ways:

http://britishexpats.com/wiki/Pulaski's_Ways:_How_to_Live_and_Work_in_the_USA

Best Wishes,
Rene
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Old Oct 8th 2007, 3:58 am
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Default Re: Fiancee or H1B visa? Or something else??!

Originally Posted by Nic81
Im am a UK citizen living in Glasgow and my boyfriend is a US citizen living in California. We've decided that 3 week holidays back and forth isn't really enough and we want to get married. We both think that it would be sensible to live together for a period before marrying. He has the means to support both of us, but I like my independance and need to work. How would we go about this? Which visa would be best in our situation? I currently work for the UK Home Office, have been security cleared, have no criminal record and have a degree. Help! Thanks in advance.
How big an issue is it that you work and how serious are the two of you?

As it is you can come stay for 90 days without a visa, would that be a decent enough 'trial period' for you to live together?

You can then do a touch home visit and once again return for another 90 days. Just be warned if you do this, immigration may ask questions at the border, as long as you keep a UK residence and the officer believes your explanation that you do NOT intend to stay and that this is another visit is the truth, you'll be admitted (from experience, stay clear of terms like boyfriend, fiancee or marriage).

Do remember that the US allows you to petition for a visa while in the US should your circumstances change and you do not want to return home after the 90 days. Hypothetically speaking, say you got married on day 85, spur of the moment thing and then decide to apply for a green card. You'll be allowed to stay in the US until a verdict is decided on the visa (which can take years).

Obviously, if you do not intend to return home on your 90 day visit, the letter of the law is that you must apply for your visa from the UK before travelling.
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Old Oct 8th 2007, 5:35 am
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Default Re: Fiancee or H1B visa? Or something else??!

Originally Posted by Vorsuc
Hypothetically speaking...
Why do people use such terms as "hypothetically" or "technically"? Do they think that it means something other than "what you're doing is directly contrary to the rules"?


... say you got married on day 85, spur of the moment thing and then decide to apply for a green card. You'll be allowed to stay in the US until a verdict is decided on the visa (which can take years).
Since she has already demonstrated her intent to marry... are you suggesting that she comes to the US as a visitor, gets married, and then stays to adjust her status? I just want to make sure this is what you're suggesting before *I* suggest that your "advice" borders on conspiracy to commit fraud and that *you* are a willing part of it. So... do you care to rethink your advice?

Ian
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Old Oct 8th 2007, 5:56 am
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Default Re: Fiancee or H1B visa? Or something else??!

Originally Posted by ian-mstm
Why do people use such terms as "hypothetically" or "technically"? Do they think that it means something other than "what you're doing is directly contrary to the rules"?



Since she has already demonstrated her intent to marry... are you suggesting that she comes to the US as a visitor, gets married, and then stays to adjust her status? I just want to make sure this is what you're suggesting before *I* suggest that your "advice" borders on conspiracy to commit fraud and that *you* are a willing part of it. So... do you care to rethink your advice?

Ian
*I* suggest that your "advice" borders on conspiracy to commit fraud and that *you* are a willing part of it.

Hardly, I didn't advocate the position and stressed the importance of the marriage as a spur of the moment. I simply provided the knowledge in the spirit of ensuring the poster is aware of all the information, including information that may not be well documented.

If presenting the users of these forums with the most complete and accurate immigration information is not the objective of these forums in favour of a nannying belief they are unable to make the most educated and intelligent decision themselves and therefore have to have that information controlled in a manner so as not to offend paranoid members fearful of a conspiratorial tone to such information, then I'll happily offer up a sincere and humble appology with a promise to refrain from making such posts in future.
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Old Oct 8th 2007, 6:36 am
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Default Re: Fiancee or H1B visa? Or something else??!

Originally Posted by Vorsuc
[
If presenting the users of these forums with the most complete and accurate immigration information is not the objective of these forums in favour of a nannying belief they are unable to make the most educated and intelligent decision themselves and therefore have to have that information controlled in a manner so as not to offend paranoid members fearful of a conspiratorial tone to such information, then I'll happily offer up a sincere and humble appology with a promise to refrain from making such posts in future.
You have not had the UPL indoctrination
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Old Oct 8th 2007, 7:04 am
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Default Re: Fiancee or H1B visa? Or something else??!

Originally Posted by Ray
You have not had the UPL indoctrination
UPL?
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Old Oct 8th 2007, 7:15 am
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Default Re: Fiancee or H1B visa? Or something else??!

Originally Posted by Tracym
UPL?
UPL = Unauthorized Practice of Law.
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Old Oct 8th 2007, 7:24 am
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Default Re: Fiancee or H1B visa? Or something else??!

Originally Posted by Noorah101
UPL = Unauthorized Practice of Law.
Thanks.
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Old Oct 8th 2007, 11:08 am
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Default Re: Fiancee or H1B visa? Or something else??!

Originally Posted by Vorsuc
I'll happily offer up a sincere and humble appology with a promise to refrain from making such posts in future.
Excellent. I accept your proposition.

Ian
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Old Oct 8th 2007, 11:22 am
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Default Re: Fiancee or H1B visa? Or something else??!

Originally Posted by ian-mstm
Excellent. I accept your proposition.

Ian
Seconded.
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