thesendog

hello all,

My Name is Tim and this is my current situation. After finishing my degree in 2003, I flew out to Mexico to work to volunteer on a marine conservation project for six months. During my time there I met a girl from the states and we fell in love. Which was nice. So since she had a job and i didnt I decided to come up to the states to live with her when i finished my volunteering in Mexico. I thought it would be easy to proceed from there. So I arrived on the visa waiver program two weeks ago, and have been sitting at a computer on and off ever since researching how to stay.

I thought id log and ask some people who probably know a bit more than i do for there views on a few things.

I really would like to work but the H1-B, is too high up for me since i have no specific job skills, just a degree and a year experience as a clinical technician which doesnt make me unique to a us employee. Plus the quotas of course...

Of the other options available (J-1, F-1, and others that im not too hot on) do i need to apply from the UK for these (ie go home to return to the US). Which ones do people reckon. Ive not got much money, but my girlfriend is reasonably well paid so we might be able to scrape for a bit).

Or is the Marriage / fiance option the only feasable option for me. Id have to go home for this as well i think...

If anyone has any ideas or has /is in a similar situation id love to hear your thoughts.

Thanks for your time

Tim Sendall
[email protected]

Jozef

"thesendog" <member29428@british_expats.com> wrote in message
news:[email protected] m...
    > hello all,
    > My Name is Tim and this is my current situation. After finishing my
    > degree in 2003, I flew out to Mexico to work to volunteer on a marine
    > conservation project for six months. During my time there I met a girl
    > from the states and we fell in love. Which was nice. So since she had a
    > job and i didnt I decided to come up to the states to live with her when
    > i finished my volunteering in Mexico. I thought it would be easy to
    > proceed from there. So I arrived on the visa waiver program two weeks
    > ago, and have been sitting at a computer on and off ever since
    > researching how to stay.
    > I thought id log and ask some people who probably know a bit more than i
    > do for there views on a few things.
    > I really would like to work but the H1-B, is too high up for me since i
    > have no specific job skills, just a degree and a year experience as a
    > clinical technician which doesnt make me unique to a us employee. Plus
    > the quotas of course...
    > Of the other options available (J-1, F-1, and others that im not too
    > hot on) do i need to apply from the UK for these (ie go home to return
    > to the US). Which ones do people reckon. Ive not got much money, but
    > my girlfriend is reasonably well paid so we might be able to scrape
    > for a bit).
    > Or is the Marriage / fiance option the only feasable option for me. Id
    > have to go home for this as well i think...
    > If anyone has any ideas or has /is in a similar situation id love to
    > hear your thoughts.

Since you currently do not have an immigration status (Visa Waiver does not
count) it is not possible to adjust to any other status (F-1, H-1B...).
You will have to leave the US and apply for a visa in your home country.

There is one exception to this rule: marrying a USC. While USCIS is not
happy when someone enters the US on a VW, gets married in two months, and
applies for an immigrant visa, such cases are usually approved. And you
won't have to leave the US.
If you decide to go this route, hop over to the alt.visa.us.marriage-based
newsgroup.

Jozef
(Not a lawyer)

Bob

You'll have to leave the country which ever route you take, unless you marry and then do K3, but even then, probably not the best route to take on a whim.
She thought about moving abroad herself? Might probably be easier...

Rete

Actually Jozef is correct that he can do the marriage, stay and adjust route without having to leave the US. Will there problems, possibly, but not likely as long as you can show if requested that you did not enter the US fraudulently with full intent to marry and remain.

Rete

Bob

Aye, I know, but it's often a lot harder to prove that intent when you hop over on the WVP, well that was the impression I was given when I asked the guy at the Coburn gore border about it, well we had words regarding situation as my visa had expired and I was leaving through montreal last year, so needed to sort out some stuff before went through with the K1 route at the time.

scrubbedexpat099

Have a look on www.visajourney.com as well.

Read their FAQ's

thesendog

Thank you very much for your responses, it has helped me alot in thinking about what im going to do. Just another question. I believe i cannot renew my Visa waiver for another ninety days by leaving and returning from mexico, canada or the carribean islands. Ive got mixed responses to this question elsewhere so im not sure?

Thanks again,

Tim Sendall

Dan725

I dont think there can be a straight answer to this one Tim - if it's just the once, you might possibly get away with it (depending on immigration official on the day) - other people have in the past. However they do seem to be tightening up last few years (certainly post 9/11), and personally I wouldn't risk it, because once they knock you back the one time, it will cause problems for you in future.

thesendog

Yeah, i wouldn't risk it either. Had enough trouble getting the first 90 days to be honest.... cheers.

Bob

Yeah, they like you gone for equal lengths, had a mate that stayed for 3 months, and went to canada for a couple weeks thinking he could get back, but they wouldn't let him in...funny thing was, he was borrowing his sister's car, from north carolina, and he was stuck out on the west coast of canada...sister weren't to impressed

Amanda

thesendog <member29428@british_expats.com> wrote in message news:<[email protected] om>...
    > hello all,
    >
    > My Name is Tim and this is my current situation. After finishing my
    > degree in 2003, I flew out to Mexico to work to volunteer on a marine
    > conservation project for six months. During my time there I met a girl
    > from the states and we fell in love. Which was nice. So since she had a
    > job and i didnt I decided to come up to the states to live with her when
    > i finished my volunteering in Mexico. I thought it would be easy to
    > proceed from there. So I arrived on the visa waiver program two weeks
    > ago, and have been sitting at a computer on and off ever since
    > researching how to stay.
    >
    > I thought id log and ask some people who probably know a bit more than i
    > do for there views on a few things.
    >
    > I really would like to work but the H1-B, is too high up for me since i
    > have no specific job skills, just a degree and a year experience as a
    > clinical technician which doesnt make me unique to a us employee. Plus
    > the quotas of course...
    >
    > Of the other options available (J-1, F-1, and others that im not too
    > hot on) do i need to apply from the UK for these (ie go home to return
    > to the US). Which ones do people reckon. Ive not got much money, but
    > my girlfriend is reasonably well paid so we might be able to scrape
    > for a bit).
    >
    > Or is the Marriage / fiance option the only feasable option for me. Id
    > have to go home for this as well i think...
    >
    > If anyone has any ideas or has /is in a similar situation id love to
    > hear your thoughts.
    >
    > Thanks for your time
    >
    > Tim Sendall
    > [email protected]

I wonder whether you could have applied for finace visa and eneter US
after your volunteer work in Mexico.

If you get married now, and apply for GC and EAD (work permit), at
least, you will be able to work soon and pay for the lawyer's advice
....

I'd go for second option if I were you unless you have a place to stay
back home, i.e your family if you were to leave US and apply for
fiancee visa immediately there and enter US back.