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-   -   Just wondering do I stand a chance of a visa to US for possible marriage? (https://britishexpats.com/forum/marriage-based-visas-35/just-wondering-do-i-stand-chance-visa-us-possible-marriage-927304/)

Martha McGuetle Aug 18th 2019 6:44 pm

Just wondering do I stand a chance of a visa to US for possible marriage?
 
Hello to you all,
i met a man and we are talking about a future together albeit many months and years off, I guess before I get too excited and get my hopes I I can’t help wondering just if this could be possible, I guess I’d rather know now if the whole process which seems terrifying is possible. Obviously it is a long way off but I suppose, first stage would be as a temporary status whilst we decided if we do have a future, and then alter status as fiancée?
so briefly..
i am U.K born, female, White British, 47, never engaged, never married, no children, own house, approx £600,000 + funds go with me, no illness, no medications, no skills but I do not want to earn whilst in the US, would be as fiancé/ marriage,
He same age, never engaged or married, no children, white USA born, own house, job, no illness,
we’ve known each other for over two years, neither have any convictions, debts, no previous issues that would be unfavourable.
So does this sound like any possibly they would allow me? And if I am right I get a k1 fiancé visa, whilst other visas are applied for and approved am I allowed to stay with him? If it takes a year or many months would I have to remain here and apart?
thank you for your help.
sorry if I sound vague, I never imagined I would leave the u.k and never do anything like this.

SanDiegogirl Aug 18th 2019 7:27 pm

Re: Just wondering do I stand a chance of a visa to US for possible marriage?
 
If you apply for a fiance visa then you have 90 days in which to get married - if no marriage your visa ends and you return to the UK

There is no temporary visa to allow you to live with your boyfriend while you decide whether you are suited or not, or to marry or not.

You can VISIT the US for up to 90 days without any visa requirement.

He could visit YOU in the UK for up to 6 months without a visa.

Jerseygirl Aug 18th 2019 8:11 pm

Re: Just wondering do I stand a chance of a visa to US for possible marriage?
 
You can visit your finance/husband for up to 90 days after applying for the appropriate visa...but you cannot stay until you have the visa in your hand.

civilservant Aug 18th 2019 8:12 pm

Re: Just wondering do I stand a chance of a visa to US for possible marriage?
 
If you wanted to live in the US independently of him, an investment of $500k (potentially refundable) would buy you a Green Card.

There is no visa to 'shack up and try it with a boyfriend' I'm afraid.

Martha McGuetle Aug 18th 2019 8:46 pm

Re: Just wondering do I stand a chance of a visa to US for possible marriage?
 
Hi all, thank you very much for your help and replies...I appreciate your time, it’s all adding to my information and will help greatly.
I will continue to research and also read posts here, it’s a wonderful resource.
It is good to know I can stay for up to 90 days, that’s good news.
Thanks again! Greetings to all!

Martha McGuetle Aug 18th 2019 8:55 pm

Re: Just wondering do I stand a chance of a visa to US for possible marriage?
 
civilservant Thank you also for this, I will look into that and I had no idea that was also an option, really very helpful. Thanks!

Rete Aug 19th 2019 12:57 pm

Re: Just wondering do I stand a chance of a visa to US for possible marriage?
 
Morning, Martha. Glad you have found your way to us.

Have you and your online friend had the opportunity to meet up yet? It would appear from your response above that you are unfamiliar with travel to the US which is why I've asked. Why not plan a trip to visit each other and see how it goes. You can use the VWP (visa waiver program) to come to the US for up to 90 days. You can complete the ESTA online and if approved you are free to book your flight and with just that approval and your passport, you can visit him for a week or a month or as long as 88 days from your date of entry.

As pointed out by a previous poster, there is the investment visa. Do you have the funds to invest and more than likely lose if the business does not work out? You said you have no skills so this type of visa and/or any other type of work visa doesn't seem the right fit for you.

If after a visit(s) with each other, then you both can explore what would be best for you both. There is the Fiancee Visa which is the clearance for you to entry the US to marry within 90 days and most importantly remain with your new husband until you have your permanent residency/green card. After marriage, you will apply for adjustment of status which is the petition/application for your permanent residency / green card.

Another way is sometime in the future after you are both sure that you want a life together permanently, you come to the US, get married with the express intent to return to the UK and then do so. You don't need the Fiancee Visa to marry since you will leaving the US after the wedding. Getting married when entering with the VWP is legal but you need to return to your own country to await your spouse filing in the US initially for the start of your Immediate Relative Visa which will be adjudicated at the US Embassy in London.

Of course, this is only a very brief description of both processes but just wanted to give you some insight into your options.


Martha McGuetle Aug 20th 2019 7:48 am

Re: Just wondering do I stand a chance of a visa to US for possible marriage?
 
Rete thank you so much for this reply, it states everything I wanted to know and I hope it will also benefit others, PM sent anyway but thank you again, much food for thought.

salachar3 Aug 21st 2019 10:09 pm

Re: Just wondering do I stand a chance of a visa to US for possible marriage?
 
It sounds like your prospects are excellent, but do proceed with caution! Read all you can (although there is a lot of gloom and doom out there).

The process is cumbersome, time consuming, expensive, and slow. And there are several ways to approach it [full disclosure ... I am American and met an English woman online ... she visited and we got married in Feb 2017. We applied for a Spousal Green Card in July 2018, and that is still in the works ... slow!!! But she has visited a total of 5 times, three months at a time, under the VWP].

We read that the Fiancee Visa can take just as long to approve as the Spousal Green Card, and ends up costing more in the end. But that was a couple years ago, Don't come here under the VWP, get married, and apply for an Adjustment of Status (AOS) ... very risky and could jeopardize the Green Card! I believe it is possible to apply for a 6 month tourist Visa, come here, get married, and apply for an AOS, but research that hard. The AOS route is more expense, and on 15 Oct, when Trump's new brutal screening process goes in effect, the AOS process becomes WAY more cumbersome. All kinds of pros and cons.

My best advice though is to be real sure this is what you want to do (including getting married). Have you visited the States before? My poor wife feels like a fish out of water when she is here and I feel for her, but we have gone ahead. Meanwhile, the long distance relationship is tough too, as she is there way more than here after three years.

Best wishes! If you go for it, I'll be glad to try to answer questions as they arise, if I can.

Nutmegger Aug 21st 2019 10:33 pm

Re: Just wondering do I stand a chance of a visa to US for possible marriage?
 

Originally Posted by salachar3 (Post 12725951)
I
I believe it is possible to apply for a 6 month tourist Visa, come here, get married, and apply for an AOS, but research that hard. .

Don't do this, OP! Applying for the B tourist visa when you are eligible to use the Visa Waver Program can lead to big problems, taking away the right to travel to the US for a period of time.

civilservant Aug 21st 2019 10:38 pm

Re: Just wondering do I stand a chance of a visa to US for possible marriage?
 

I believe it is possible to apply for a 6 month tourist Visa, come here, get married, and apply for an AOS, but research that hard.
Don't bother with the research. That's illegal.

salachar3 Aug 21st 2019 11:19 pm

Re: Just wondering do I stand a chance of a visa to US for possible marriage?
 
Thanks! I never looked into that thoroughly, which is why I said "research hard"! Definitely don't want to mislead anyone!

Rete Aug 21st 2019 11:25 pm

Re: Just wondering do I stand a chance of a visa to US for possible marriage?
 

Originally Posted by salachar3 (Post 12725951)
It sounds like your prospects are excellent, but do proceed with caution! Read all you can (although there is a lot of gloom and doom out there).

The process is cumbersome, time consuming, expensive, and slow. And there are several ways to approach it [full disclosure ... I am American and met an English woman online ... she visited and we got married in Feb 2017. We applied for a Spousal Green Card in July 2018, and that is still in the works ... slow!!! But she has visited a total of 5 times, three months at a time, under the VWP].

She is not waiting for a Spousal Green Card. Terminology is very important. She is waiting for an Immediate/Conditional Residency Visa which will allow her to entry the US and upon entry by a permanent resident. The paper green card is issued with the I-551 stamp in her passport upon successful entry. The "card" itself will be mailed to her at the US address she gives.


We read that the Fiancee Visa can take just as long to approve as the Spousal Green Card, and ends up costing more in the end. But that was a couple years ago, Don't come here under the VWP, get married, and apply for an Adjustment of Status (AOS) ... very risky and could jeopardize the Green Card! I believe it is possible to apply for a 6 month tourist Visa, come here, get married, and apply for an AOS, but research that hard. The AOS route is more expense, and on 15 Oct, when Trump's new brutal screening process goes in effect, the AOS process becomes WAY more cumbersome. All kinds of pros and cons.
She will NOT qualify for a B tourist visa. If a UK citizen applies for a formal tourist visa it will 99% be denied as they are entitled to use the ESTA/VWP unless they are coming to attend a business conference, are retired. etc.

What brutal screening process?????????????????????????????????????


My best advice though is to be real sure this is what you want to do (including getting married). Have you visited the States before? My poor wife feels like a fish out of water when she is here and I feel for her, but we have gone ahead. Meanwhile, the long distance relationship is tough too, as she is there way more than here after three years.

Best wishes! If you go for it, I'll be glad to try to answer questions as they arise, if I can.

Martha McGuetle Aug 22nd 2019 7:33 pm

Re: Just wondering do I stand a chance of a visa to US for possible marriage?
 
Thank you again to all who replied, I’m gathering all the info and pitfalls together and yes, I can see it’s a very complicated area and many of us are learning and helping eachother, I think if the situation arose I would possibly go through the whole process via a lawyer, that way I might be able to
relax a little more, I am at least getting lots of facts together and I do thank everyone so very much, it’s all so new to me.

Jerseygirl Aug 22nd 2019 7:38 pm

Re: Just wondering do I stand a chance of a visa to US for possible marriage?
 

Originally Posted by Martha McGuetle (Post 12726289)
Thank you again to all who replied, I’m gathering all the info and pitfalls together and yes, I can see it’s a very complicated area and many of us are learning and helping eachother, I think if the situation arose I would possibly go through the whole process via a lawyer, that way I might be able to
relax a little more, I am at least getting lots of facts together and I do thank everyone so very much, it’s all so new to me.

Why don’t you stick around, read and join in some of the threads in the US and Trailer Park forums? That way you will get a better idea of what it’s like to live in the USA.

Martha McGuetle Aug 22nd 2019 8:03 pm

Re: Just wondering do I stand a chance of a visa to US for possible marriage?
 
Thank you Jerseygirl the temperature of the potential location does create some very big questions, it’s AZ, couldn’t be much hotter!!! and considering the average temperatures here in England that’s a big change! LOL, thank you, I will check out the other groups. Thanks for your help.

Nutmegger Aug 22nd 2019 9:20 pm

Re: Just wondering do I stand a chance of a visa to US for possible marriage?
 

Originally Posted by Martha McGuetle (Post 12726289)
Thank you again to all who replied, I’m gathering all the info and pitfalls together and yes, I can see it’s a very complicated area and many of us are learning and helping eachother, I think if the situation arose I would possibly go through the whole process via a lawyer, that way I might be able to
relax a little more, I am at least getting lots of facts together and I do thank everyone so very much, it’s all so new to me.

Entering as the spouse or fiancée of a USC is by far the simplest visa process and the majority of the folks on the forum have done it themselves and are wonderful at walking newcomers through the process. By the time you have decided that you are ready to take this relationship to the next level, you may feel confident to DIY. Good luck! Do you have a visit to the US planned?

Rete Aug 22nd 2019 9:28 pm

Re: Just wondering do I stand a chance of a visa to US for possible marriage?
 

Originally Posted by Martha McGuetle (Post 12726301)
Thank you Jerseygirl the temperature of the potential location does create some very big questions, it’s AZ, couldn’t be much hotter!!! and considering the average temperatures here in England that’s a big change! LOL, thank you, I will check out the other groups. Thanks for your help.

Yes, it can be much hotter in other parts of the US. Arizona is a dry heat and believe it or not, it is far more tolerable then the summer heat in Florida or Mississippi.

As for relaxing and letting an attorney do-it-for-you, I will interject that having an attorney is helpful for those that can't read and comprehend instructions, aren't orderly, etc. There are lots of points that an attorney will NOT have you do, i.e. make copies of all your originals before relinquishing them, never send originals only copies of originals unless a certified copy if required, i.e. the original of your marriage certificate, and you have to go over everything that is put on the application with a fine tooth comb to check for mistakes which the paralegal who completes your petitions has the pleasure of doing, not the attorney. Any mistakes will hold up your petition and you are responsible for them, not the attorney.

Jerseygirl Aug 22nd 2019 9:43 pm

Re: Just wondering do I stand a chance of a visa to US for possible marriage
 
On the TV it said it would be 110F in Arizona...that’s in the shade. :eek:

Rete Aug 22nd 2019 9:53 pm

Re: Just wondering do I stand a chance of a visa to US for possible marriage?
 
Here in MS, the high today was 99 degrees. Looking up the hourly online, it says 89 with a real feel of 101. So imagine what 99 felt like earlier.

For some odd reason even when I put my city in, it gives me the temp in Jackson MS which is approx 120 miles away from me.

Noorah101 Aug 22nd 2019 11:04 pm

Re: Just wondering do I stand a chance of a visa to US for possible marriage?
 
AZ has been having record highs lately. .113 yesterday. The other night it was still 100 at 9 pm! But really, you go from AC house to AC car to AC work, so you never really feel the heat.

Rene

ivanidea Aug 23rd 2019 12:26 pm

Re: Just wondering do I stand a chance of a visa to US for possible marriage?
 
I spent a few days in Phoenix AZ last week. I'm never going to complain about the temperature in Florida again!

114°F dry heat was far worse than the humid mid 90s I'm used to. It was in the mid 90s at sunrise, and I don't think it went below 100 until well after dark.

Martha McGuetle Aug 23rd 2019 7:48 pm

Re: Just wondering do I stand a chance of a visa to US for possible marriage?
 
Nutmegger i think now you’ve said that plus the other excellent info from Rete i will not use a lawyer, thank you both so much again, you are all so helpful and supportive, and so I would go through it on my own if the situation arose, without a lawyer but I would no doubt need you guys to help me through! A looongg way off though and may never happen.
i do have a trip planned but it won’t be for a while yet, but everything is going well.
thank you all for your perspectives and experiences of the heat out there! I know AC is the only way to go but I’m just so used to living in the country and stepping out many times a day for a walk, it would be a big change living indoors.
But boy it is hot out there!
Thanks to ALL who have helped.

Alba2018 Sep 13th 2019 1:38 pm

Re: Just wondering do I stand a chance of a visa to US for possible marriage?
 

Originally Posted by Rete (Post 12726325)
As for relaxing and letting an attorney do-it-for-you, I will interject that having an attorney is helpful for those that can't read and comprehend instructions, aren't orderly, etc. There are lots of points that an attorney will NOT have you do, i.e. make copies of all your originals before relinquishing them, never send originals only copies of originals unless a certified copy if required, i.e. the original of your marriage certificate, and you have to go over everything that is put on the application with a fine tooth comb to check for mistakes which the paralegal who completes your petitions has the pleasure of doing, not the attorney. Any mistakes will hold up your petition and you are responsible for them, not the attorney.

I can read and comprehend instructions etc however I chose to use an Immigration Attorney to simplify the process. To date I've had no issues (except my own) and using an attorney has not delayed the process and I might add the cost was minimal.

I was married late January 2019 and I expect to have my medical/interview very soon.

Thank you for the forum it's a great resource.

Squiggle Sep 15th 2019 8:28 pm

Re: Just wondering do I stand a chance of a visa to US for possible marriage?
 
I'm in a not dissimilar situation with my boyfriend, except I don't have any assets. He can support me though and I have a good work ethic so I would get a job once I had the right to work, it's not like I would go to the US to just sit around. Specifically, it'd be Florida. I'm also exploring this forum and reading a lot of info. It's all quite overwhelming.

Rete Sep 15th 2019 10:22 pm

Re: Just wondering do I stand a chance of a visa to US for possible marriage?
 
Then it is better for you to start your own thread and ask questions. Tacking on to someone else's thread is a great way of showing your support but does little to assist you to finding the right way for you and your USC bf to go when it comes to deciding which marriage-based visa is right for you. For example, do you prefer to marry first and then spend time apart while your marriage-based visa is being processed. Could take 12 to 18 months for that to be finalized regardless what some posters say. Or do you want to get engaged and then apply for a Fiance Visa (K-1) first and when granted enter the US, get married and file adjustment of status. Again the time apart is from 10 to 14 months before the K-1 visa is approved.

All marriage-based visas give you ultimately the right to work. The CR-1 can work from day 1 while the K-1 must wait for marriage, filing for adjustment of status and the I-765 for the employment authorization document so you will be unable to work for at least 90 days after filing for adjustment if not longer.

Rete Sep 15th 2019 10:27 pm

Re: Just wondering do I stand a chance of a visa to US for possible marriage?
 

Originally Posted by Alba2018 (Post 12735024)
I can read and comprehend instructions etc however I chose to use an Immigration Attorney to simplify the process. To date I've had no issues (except my own) and using an attorney has not delayed the process and I might add the cost was minimal.

I was married late January 2019 and I expect to have my medical/interview very soon.

Thank you for the forum it's a great resource.

You have stated the above several times already and I'm sure that myself and others understand that you can read and comprehend instructions. Most of do NOT feel that an attorney will simplify the process but rather complicate it and mean more work for yourself and your spouse. But, hey, that is why there are immigration attorneys so that people will use their services. Never have I said that it will delay the process. And as for minimal costs, you might be willing to spend thousands of dollars for an immigration attorney's paralegal to do your paperwork for you. Others rather spend that money on their new lives.

There is a method for everyone. I'm glad you have found yours and are satisfied with the results.

S Folinsky Sep 18th 2019 7:47 pm

Re: Just wondering do I stand a chance of a visa to US for possible marriage?
 

Originally Posted by civilservant (Post 12724519)
If you wanted to live in the US independently of him, an investment of $500k (potentially refundable) would buy you a Green Card.

There is no visa to 'shack up and try it with a boyfriend' I'm afraid.

Going up 900,000 in late November.


civilservant Sep 19th 2019 8:36 am

Re: Just wondering do I stand a chance of a visa to US for possible marriage?
 
Wasn’t aware of that - good to know!


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