RWAdams

I know this has probably been over done. But I wanted to share my special case.

My girlfriend came over from America to live in England last july, she left in december. She came back in febuary, but due to inexperience with immigration issues (being i'm only 20, and she is 18) she got refused entry and sent home. So, she can't get a visa for love nor money for this country, despite applying for a visa maybe twice. So, I am instead gona go over there, and we're gona marry and stay there for a little while till we can sort out our relationship and what we want to do with our life. I was just wondering if I can file for a change of status on a VWP, or if I get a 6tmth visit visa. Time is usually of the essence and I guess you shouldnt really try and rush this stuff, but I am in kind of a hurry to get overt there and be with her. Any suggestions?

Thanks

britvic

So young

Noorah101

The most you can stay on the VWP is 90 days. It will be hard for you to get a 6-month visa, if you are eligible to use the VWP. You should NOT go to the USA on the VWP with the intent to marry and remain to adjust status after marriage.

You have 2 really good options right now: either start the K-1 fiance visa process now (she can start it in the USA now), or go to the USA on the VWP, get married, and start the spouse immigrant visa. You will have to return to the UK before your 90 days is up, and will have to finish processing the visa in the UK.

In both cases, it is perfectly legal to still come and visit on the VWP while you wait for either the K-1 or the Immigrant Visa to process. Don't overstay you 90 days each time, and don't make back-to-back trips. You can expect either visa process to take around 8 to 10 months to process. It might be a slow-ish process, but the result is being able to stay together forever. You're young, you have plenty of time, don't rush it.

Best Wishes,
Rene

Noorah101

I was curious, does her past refusal to come and visit you, prevent her from applying for the correct visa to come to the UK in order to marry you and stay there? Seems to me she can still apply for that and get it. Thats' probably another option for you.

Rene

Ray

What are you going to live on moneywise ..
dome she earn enough to sponsor you ??

RWAdams

Well, I wouldnt know exactly. All i know is that every immigration lawyer i've spoke to has pretty much refused to take on the case because of her deportation. So, it would mean applying for the visa myself and I dont know what to include as every other visa attempt we've made has failed.

britvic

At 18 wouldn't of thought so.

Noorah101

Probably not, but there's always joint sponsors.

Noorah101

Start reading here: www.uscis.gov, How Do I bring my Fiance to the USA? or How Do I bring my Spouse to the USA? That is, of course, if you're ready to tie the knot and make it permanent pretty soon.

Rene

RWAdams

Joint sponsors like who? The thing is, I have a much better fiancial background and a house here in england, tbut its just because of the deportation that it makes it harder. I dont really want to have to spend like £2,000 on a visa application that could just be thrown out the window.

Noorah101

This is the problem. You can't marry and then stay in the USA for a "little while"....that little while is 90 days long. If you can sort out your relationship and see what you want to do with your lives within those 90 days, then OK. But otherwise, I suggest NOT marrying on this visit and sorting out the relationship afterwards. Not immigration-related, but I suggest coming to visit for 90 days and THEN sorting out the relationship and your lives, *before* getting married.

Rene

Noorah101

If you come the way of the Fiance visa, you can use your income and assets to "self sponsor", so that's one solution. If you meet all the qualifications, the fiance visa will not be thrown out the window. You'll get the visa and come to live and work in the USA with your girlfriend...but you have to be prepared to marry her within 90 days of your arrival. However, once you are here, after you marry, your assets no longer count, and your wife will be the one who needs to meet some financial requirements to sponsor you. This is where joint sponsors such as her family or friends can help out. Plus, it will cost around $500+ to get the fiance visa, and then an additional $1,010+ to adjust your status in the USA. Get ready to part with some money.

Rene

RWAdams

Yeah, I understand that. She doesnt really have a great financial background being so young she doesnt really have the assests to put down and make it sound great. Plus she claims disability money as well because she gets anxiety attacks so that won't work in our favour either. I just wish I could some how get her a visa into this country, I just dont know about the fiancé visa for her in england. I have a good financial background to support hetr (as I did it the first 6mths she was here). Its all a bit of a pickle. I really dont want to end up shooting myself in the foot with imigration laws..

evoal2003

Speak to a immigration lawyer in the UK to find out your options.

ian-mstm

You need to be really clear about this. I am almost 100% sure that she was *not* deported. You said she was "refused entry", and that usually means a "voluntary withdrawal". Legally, there is a world of difference between the two... and if you have been telling lawyers that she was deported, then you've made a very common beginner's error.

Immigration is *not* for the squeamish... nor is it for those too young to fully understand the myriad legal and financial responsibilities. She, as your sponsor, will be signing a binding contract with the US government... and you both need to fully comprehend what happens if/when things go south with your relationship.

Ian