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Old Jan 24th 2010, 3:11 am
  #16  
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Default Re: which usa visa do i need

Originally Posted by TimNiceBut
Which visa did you enter on? VWP? If so, have you overstayed or are you still within your 90 days?

I'm pretty sure that you won't get a B-2 in order to visit your wife as that'll have a lot of red lights going on at immigrations. You can visit her on the VWP but with all the caveats that are frequently mentioned on this forum. If you're looking at living with your wife in the US, you'll be looking at a CR-1.
yes ian i thought of that ..but i still have to come back to the uk.. and i can prove to them i have to?
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Old Jan 24th 2010, 3:27 am
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Default Re: which usa visa do i need

Originally Posted by clatts
ok thx ian ..i wish there was a quicker way . maybe the best way is to get a b2 ..and apply for the other visa cr-1 when i am there .because i still have to come back to the uk anyway ?
No. It is illegal to enter the USA as a tourist, with the intent to remain and adjust status to permanent resident.

You can get the Immigrant Visa started by having you wife file the I-130. Then you can continue visiting on the VWP, but you can't work in the USA. Then eventually when you come to the USA on your Immigrant Visa, you'll become a US permanent resident from Day 1 and can work in the USA.

There is no short-term solution to your problem. If you come to the USA as a visitor, you can only stay less than 90 days at a time and you can't work. Your quickest way into the USA right now is a spouse Immigrant Visa.

Forget about the B-2. If you qualify to use the VWP, you won't get a B-2.

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Old Jan 24th 2010, 3:31 am
  #18  
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Default Re: which usa visa do i need

Originally Posted by clatts
hi tim the last time i was there was on 20 dec 2009 on a visa w p ....do you know if the cr-1 takes a long time to get as i want to be there asap thank you for your time .
The Immigrant Visa takes about 8 to 10 months to process, but you can continue visiting her on the VWP while it's processing.

Rene
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Old Jan 24th 2010, 3:39 am
  #19  
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Default Re: which usa visa do i need

Originally Posted by clatts
ok thx ian ..i wish there was a quicker way . maybe the best way is to get a b2 ..and apply for the other visa cr-1 when i am there .because i still have to come back to the uk anyway ?
I know this visa stuff is like really, really hard work and all that. But if you don't give it some effort, it'll bite you.
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Old Jan 24th 2010, 3:55 am
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Default Re: which usa visa do i need

Originally Posted by fatbrit
I know this visa stuff is like really, really hard work and all that. But if you don't give it some effort, it'll bite you.
yer thats why iam asking for opinions
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Old Jan 24th 2010, 3:57 am
  #21  
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Default Re: which usa visa do i need

Originally Posted by Noorah101
The Immigrant Visa takes about 8 to 10 months to process, but you can continue visiting her on the VWP while it's processing.

Rene
rene are you saying i dont need the b2 visa then , i thought i could stay 6 months on that ?
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Old Jan 24th 2010, 4:00 am
  #22  
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Default Re: which usa visa do i need

Originally Posted by clatts
yer thats why iam asking for opinions
If you want to live and work in the USA, CR1/IR1 immigrant visa. Takes 10 months give or take and requires a certain commitment.

If you want her to go and live with you in the UK, that'll only take a month or so.

But you need to decide which country you're going to live in. Flipping back and forth between the two is going to be costly and difficult. In fact, the concept of dual citizenship is the only status that allows that -- and you've rejected that out of hand, already.
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Old Jan 24th 2010, 4:00 am
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Default Re: which usa visa do i need

Originally Posted by Noorah101
No. It is illegal to enter the USA as a tourist, with the intent to remain and adjust status to permanent resident.

You can get the Immigrant Visa started by having you wife file the I-130. Then you can continue visiting on the VWP, but you can't work in the USA. Then eventually when you come to the USA on your Immigrant Visa, you'll become a US permanent resident from Day 1 and can work in the USA.

There is no short-term solution to your problem. If you come to the USA as a visitor, you can only stay less than 90 days at a time and you can't work. Your quickest way into the USA right now is a spouse Immigrant Visa.

Forget about the B-2. If you qualify to use the VWP, you won't get a B-2.

Rene
ok rene got it that looks like the best course of action i am ok for vwp thank you all
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Old Jan 24th 2010, 4:02 am
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Default Re: which usa visa do i need

Originally Posted by clatts
rene are you saying i dont need the b2 visa then , i thought i could stay 6 months on that ?
The B2 visa is typically valid for 6 months, yes. But someone who's eligible to use the VWP has basically zero chance of getting approved for a B2 visa in the first place. Therefore, you can visit the US on the VWP in 90-day increments while your immigrant visa is being processed.

Rule of thumb: Spend as much time outside the US as you do visiting the US on the VWP. For example, if you spend 90 days visiting the US on the VWP, then you should plan to spend at least 90 days outside the US before going back for another VWP visit.

~ Jenney
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Old Jan 24th 2010, 4:25 am
  #25  
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Default Re: which usa visa do i need

Originally Posted by clatts
rene are you saying i dont need the b2 visa then , i thought i could stay 6 months on that ?
If you can GET a B-2, it might allow you to stay 6 months (still up to the POE officer)....but if you qualify to use the VWP, it's very difficult to GET the B-2 visa in the first place. And there's really no need for it. You don't "need" to stay in the USA for 6 months at a time.

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Old Jan 24th 2010, 4:26 am
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Default Re: which usa visa do i need

If you are looking at a long visit do not forget to take proof of ties to the UK to be shown only if asked.
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Old Jan 24th 2010, 5:17 am
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Default Re: which usa visa do i need

Originally Posted by clatts
yer thats why iam asking for opinions
You need to write ore than one sentence at a time about your situation if you want a sensible reply.
How long have you been married? What's the rush suddenly to be back together? Why do you need to return to the UK, how often and for how long? Where do you plan to live permanently? Do you have a job in the UK? Are there children involved on either side of the pond? Does she have a job?
etc etc etc
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Old Jan 24th 2010, 8:26 am
  #28  
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Default Re: which usa visa do i need

Originally Posted by clatts
yes ian i thought of that ..but i still have to come back to the uk.. and i can prove to them i have to?
Well, last time I checked my passport I wasn't called Ian but nevertheless, if you can show immigrations that you do have a job, house etc in the UK and a return ticket, that should generally be enough to get in on the VWP. I've always carried a bundle of documents around showing this sort of stuff and I've never had to pull them out; I think I only offered to show them to the immigrations officer once or twice in six years when the conversation was heading that way.

I've always been fairly open as to the purpose of my visit - the classic one was "What's the purpose of your visit to the US" - "Parents in law's Golden Wedding anniversary" - "Good luck then".

I realise that it's not always like that and in some places they're rather stricter when questioning you, especially when you stay at a private residence, but if you follow the basic guidelines that mentioned over and over again - namely, spend more time outside the US than inside, don't overstay and all that - you've got a pretty good chance of being let in, even with a passport that's as littered with VWP stamps as mine is.
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