Shads

Hello

I have been reading through alot of these posts here & I thought I had
better post up and ask for some advice from those who have done this process
or are currently going through it.

Currently im living in the UK, but my partner lives in the USA, but I will
be joining him for 90 days on the visa waiver program at the end of this
month.
I am wanting to move over there to join him permantly, as he has kids who
live over there & he is currently going through a divorce at the moment.
We are hoping to marry at the end of this year once
the divorce is through and finalized.

With 90 days of free time on my hands, I am wanting to file for a visa to
stay longer, I have read I can not get an extension if I enter on the visa
waiver program, but since I do need to return to the uk at the end of May
anyway so that is not a problem. I would like to have all the paperwork
going through the right channels during the 90 days I am there, so when I
return home everything will already be moving along.

but with sooo many different visa numbers and forms etc, I am wanting to
know which I will need to file for?
I know that when we marry, we need to file a K1, but are unable to do that
until the divorce is finalized.

Also 1 additional question, If i join him via the visa waiver program for
90days, When i return home at the end of may, is there any length of time I
have to be home for before I can return back again on the visa waiver
program for another 90 days? Or would it be wiser to file for a visa?
I have been currently unemloyed for 2 years due to a medical problem, but I
am keen to return to work in the bar management business and I have the
finacal backing of family aswel as myself to help me with my visa process
and other costs I might incur.

Any help or advice people are able to give would be greatly appreicated.
Thank You
Shads

Sapphyre

On Feb 12, 1:24 pm, "Shads" <[email protected]> wrote:
> With 90 days of free time on my hands, I am wanting to file for a visa to
> stay longer, I have read I can not get an extension if I enter on the visa
> waiver program, but since I do need to return to the uk at the end of May
> anyway so that is not a problem. I would like to have all the paperwork
> going through the right channels during the 90 days I am there, so when I
> return home everything will already be moving along.

You would run the risk of not being able to use the VWP if a B-2 Visa
Appication were denied, so if you can use the VWP, you're better off
doing this and just staying 90 days.

If you're hoping to live there permanently with your to-be spouse, you
cannot file anything until his divorce is finalized, because he needs
to be free to marry to file a K-1, and he needs to be free to marry if
you were to have a marriage during your 90 days on the VWP (and then
you'd return home and he could petition for you to have a K-3).

> but with sooo many different visa numbers and forms etc, I am wanting to
> know which I will need to file for?
> I know that when we marry, we need to file a K1, but are unable to do that
> until the divorce is finalized.

If you are going to visit, you need a B-2 if you're not going on the
VWP, unless you are doing something else, working, studying, etc. I
can't help you there with any advice if that's the case.

> Also 1 additional question, If i join him via the visa waiver program for
> 90days, When i return home at the end of may, is there any length of time I
> have to be home for before I can return back again on the visa waiver
> program for another 90 days? Or would it be wiser to file for a visa?

Other posters will suggest you spend more time out than in. Also if
you keep going back for 90 days (and obviously your return ticket will
be in May, so they will want to know how you support yourself for 90
days outside your home country). It becomes more intense with the
questioning after you visit a few times for 90 days, if you get my
drift...

For what it's worth, I formerly spent my summers in California while
on summer break, and I had to prove ties to Canada to be gone for such
a long time, and prove to them that I was not looking for work or
needing work. Proof that my education and then some was paid for was
good proof to show I did not need to get a job and my summers were
"free time". School and the apartment I rented near school was my
proof of intent to return. I also had paperwork for my grant to study
in Quebec and receipts to show Immigration. They always wanted to see
that so they could be assured I'm leaving the US. It's easier for
people with a job to travel there than being in school or not
employed.

> I have been currently unemloyed for 2 years due to a medical problem, but I
> am keen to return to work in the bar management business and I have the
> finacal backing of family aswel as myself to help me with my visa process
> and other costs I might incur.

You will need to show strong ties to the UK when you travel, should
you be asked. They are often asking what travelers do in their country
for a living. I've been asked every time I've crossed in the previous
five years except once. Proof of disability, and income/finances will
be important, so they know you can support yourself while you're
there. Having a credit card helps (I'm serious, I told the Immigration/
Customs officer in the summer how much "funds" I had available to me
in my savings/checking account and bonds, he still wanted to know if I
had a credit card, didn't ask about the balance). You will need proof
of residence, although they have never asked me to prove I rent/own my
residence.

Since you are unemployed, proof that you are paying a mortgage, own a
property that you live in, or rent a property will show your intent to
return home. A physician's note for disability or any paperwork you
have on that will help you, although they take it very lightly since
"anyone can write a note". Don't volunteer anything, wait to be asked.
I have a disability and I've been advised not to bother with notes
unless I'm carrying my medication with me (the note is for the
medication, not the disability). They don't care that I have a
disability, if it's necessary I'm supposed to explain that. It's up to
them to decide to believe me, if they don't believe me, a note won't
help... Having my pills really helped a whole lot a few years ago, I
kept being accused of being "nervous", and when it occurred to the
Customs Officer (back when it was two departments) to ask if I took
medication, his response was, "these pills explain your behaviour."
Five more simple questions just to test whether or not my disability
was for real or not was all it took for him to be convinced and move
along with someone else.

> Any help or advice people are able to give would be greatly appreicated.
> Thank You
> Shads

I think I've been in your shoes, more or less... and if you're
anything like how I behave, you'll be sitting there biting your nails
wondering if you overlooked anything. My friends tell me to stop
travelling with a filing cabinet worth of proof because it looks like
I'm trying too hard, but they've always been happy to see I have some
papers whenever they look or ask for them. The border officer (one
time) liked my bank statement better than my paystub (the ones we have
are easy to fake), because the bank statement showed my direct deposit
from my employer.

good luck, feel free to ask more questions if you'd like. If I can't
answer, someone here probably can.

S.