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Staying in the US as UKC

Staying in the US as UKC

Old Jan 16th 2020, 8:02 am
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Question Staying in the US as UKC

My wife and I have been married for almost 2 years now, I am a UK citizen and she is a US Citizen. I am currently in USA on an ESTA visiting for the 3 month period which ends in 8 days, I was curious if there is any visa type for people like us who have been married for an extended period of time which would allow me to stay in the US with my spouse. Thanks.
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Old Jan 16th 2020, 8:12 am
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Default Re: Staying in the US as UKC

Yes of course there is. You need to apply for a CR-1 (if you've been married over two years, but you can apply up to three months before) or IR-1 if less than two years.

Detai;ls are in Pulaski's Ways Wiki here.

Remember that ESTA is 90 days, not three months, and you MUST be out of the country before the 90 days are up. You don't want to risk an overstay as it could foul up your visa application.
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Old Jan 16th 2020, 8:15 am
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Default Re: Staying in the US as UKC

Originally Posted by Guindalf View Post
Yes of course there is. You need to apply for a CR-1 (if you've been married over two years, but you can apply up to three months before) or IR-1 if less than two years.

Remember that ESTA is 90 days, not three months, and you MUST be out of the country before the 90 days are up. You don't want to risk an overstay as it could foul up your visa application.

Thanks for the tips, if I apply for the IR-1 whilst in the USA but I overstay whilst it's processing will I get in trouble?

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Old Jan 16th 2020, 10:12 am
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Default Re: Staying in the US as UKC

Originally Posted by Bukkus_elite98 View Post
Thanks for the tips, if I apply for the IR-1 whilst in the USA but I overstay whilst it's processing will I get in trouble?
Have a search of the forums to understand why that's a very bad idea. Entering on the VWP with the intent to stay is illegal. If an immi officer thinks that was the case, they can refuse your application and ban you from the US. Not a risk I'd take personally, I'd return to the UK and do things the right way. You can still visit your wife whilst your visa is being processed.
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Old Jan 16th 2020, 10:27 am
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Default Re: Staying in the US as UKC

Originally Posted by christmasoompa View Post
Have a search of the forums to understand why that's a very bad idea. Entering on the VWP with the intent to stay is illegal. If an immi officer thinks that was the case, they can refuse your application and ban you from the US. Not a risk I'd take personally, I'd return to the UK and do things the right way. You can still visit your wife whilst your visa is being processed.
We had no intent to stay when entering, it's actually very near the end of our trip that we're making this decision.
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Old Jan 16th 2020, 12:19 pm
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Default Re: Staying in the US as UKC

Originally Posted by Bukkus_elite98 View Post
We had no intent to stay when entering, it's actually very near the end of our trip that we're making this decision.
You can try to adjust status but if it goes badly you can end up with a lifetime ban from the US. I guess it depends on how high your risk tolerance is.

Personally I don't believe a word of what you just posted. This isn't an impromptu marriage, this is 2 married people entering the US, one of them a USC, and then 'deciding' to change their minds near the end of your VWP stay.

One wonders if you knew the answer to this question before you asked it, and were seeking affirmation that it's a good idea. It isn't.
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Old Jan 16th 2020, 12:33 pm
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Default Re: Staying in the US as UKC

You have an open door to moving to the USA permanently. It would be foolish in the extreme to put that at risk by overstaying under your ESTA. Follow the correct procedures and you will be able to move, just like many of us here.

https://uk.usembassy.gov/visas/immigrant-visas/
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Old Jan 16th 2020, 12:43 pm
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Default Re: Staying in the US as UKC

Originally Posted by MidAtlantic View Post
You have an open door to moving to the USA permanently. It would be foolish in the extreme to put that at risk by overstaying under your ESTA. Follow the correct procedures and you will be able to move, just like many of us here.
I understand, thank you. I just hate the thought of being without my wife for that long, I heard that people get turned away when visiting on an ESTA with a pending visa app
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Old Jan 16th 2020, 12:44 pm
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Default Re: Staying in the US as UKC

Originally Posted by Bukkus_elite98 View Post
I understand, thank you. I just hate the thought of being without my wife for that long,
You're an adult. Adults can handle delayed gratification, children do what feels good in the moment.

You won't get much sympathy for that view here, many of us have been through it and came out the other side on one piece, legally. Myself included.
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Old Jan 16th 2020, 1:44 pm
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Default Re: Staying in the US as UKC

Originally Posted by Guindalf View Post
Yes of course there is. You need to apply for a CR-1 (if you've been married over two years, but you can apply up to three months before) or IR-1 if less than two years......
FWIW this advice is backwards. The CR-1 is for someone married to a USC for less than two years, the IR-1 is is you've been married longer. ..... The "C" in CR-1 is for "conditional" and you have to apply to have the conditions removed two years after you enter the US using your CR-1 visa.

Last edited by Pulaski; Jan 16th 2020 at 1:46 pm.
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Old Jan 16th 2020, 1:51 pm
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Default Re: Staying in the US as UKC

Originally Posted by Bukkus_elite98 View Post
I understand, thank you. I just hate the thought of being without my wife for that long, I heard that people get turned away when visiting on an ESTA with a pending visa app
Not sure where you heard that - having a visa in process is evidence that you are going about things the right way.

If you try the "in country" route you will be unable to leave the US for an extended period, and will attract a ban if you were to leave, and during that time you would be totally unable to work, Being unable to work for perhaps a year or longer is a huge issue for most couples as starting out married life in a financial hole is not a pleasant experience, and worth thinking about.
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Old Jan 16th 2020, 2:51 pm
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Default Re: Staying in the US as UKC

Originally Posted by Bukkus_elite98 View Post
We had no intent to stay when entering, it's actually very near the end of our trip that we're making this decision.

Don't you have any affairs to wind up in the UK -- job? rental? car? belongings? If not, it would look bad for your case that this was a spur of the moment decision. And if you have, like most people, that can be taken care of while your visa progresses.
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Old Jan 16th 2020, 4:46 pm
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Default Re: Staying in the US as UKC

Originally Posted by Bukkus_elite98 View Post
My wife and I have been married for almost 2 years now, I am a UK citizen and she is a US Citizen. I am currently in USA on an ESTA visiting for the 3 month period which ends in 8 days, I was curious if there is any visa type for people like us who have been married for an extended period of time which would allow me to stay in the US with my spouse. Thanks.
A curious question..... one which usually one asks before one gets married to a person from another country.

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Old Jan 16th 2020, 4:54 pm
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Default Re: Staying in the US as UKC

Originally Posted by SanDiegogirl View Post
A curious question..... one which usually one asks before one gets married to a person from another country.
You must be new here! Empirical evidence I have gained from a number of years participating in BE's marriage visa sub-forum, suggests to me that around 50% of people do little or no research before marrying a US citizen who is resident in the US.

I blame the European Onion, which has now led to most adults in the UK, under around say 50 years old, assuming that you can just up and move to another country with minimal formalities, whenever you feel like it because that is all they have ever known with respect to European countries. Several TV shows, both fictional/ drama, and "reality" shows, have further fed the myth that it is easy to move to any country just because you feel like it.
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Old Jan 16th 2020, 5:31 pm
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Default Re: Staying in the US as UKC

Originally Posted by Pulaski View Post
You must be new here! Empirical evidence I have gained from a number of years participating in BE's marriage visa sub-forum, suggests to me that around 50% of people do little or no research before marrying a US citizen who is resident in the US.

I blame the European Onion, which has now led to most adults in the UK, under around say 50 years old, assuming that you can just up and move to another country with minimal formalities, whenever you feel like it because that is all they have ever known with respect to European countries. Several TV shows, both fictional/ drama, and "reality" shows, have further fed the myth that it is easy to move to any country just because you feel like it.
.... you could be correct here. Except that the OP has been married for almost 2 years! So has already been living apart for that length of time.... would have thought the question of living together would have come up much sooner than this.

However, there have been several posts on this forum recently which have, to say the least, made me wonder whether people have any common sense at all..... the word 'trolls' also comes to mind, but I am too polite to say so.
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