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Visiting girlfriend in US

Visiting girlfriend in US

Old Jul 25th 2019, 12:41 pm
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Default Visiting girlfriend in US

Hi all,

Just wondering if I could get a tiny bit of advice with visiting my girlfriend (to be fiancée soon!)

We are in the process of renting a house in the US together and will be getting married and starting the marriage visa process. I currently work in a very flexible job where I can change to a 50% contract so I work one month on/one month off.

I hold a B1/B2 visa so always go into the US on my visa when I visit and I will have Global Entry soon.

Do you reckon I’ll face any issues visiting the US for one month on/one month of? Obviously not working whilst over there and I will have my job back home etc to prove that I have my ties to the UK and don’t plan on staying illegally.

We pretty much want to be able to legally spend as much time as possible together.

Thanks so much,

Jack
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Old Jul 25th 2019, 12:56 pm
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Default Re: Visiting girlfriend in US

A B2 visa is not appropriate for living in the US.

The fact you are 'renting' a house with a 'girlfriend' implies heavily you are not visiting the US but attempting to live there without the correct visa.

My opinion is you will get away with this for as long as you do, until you don't. The first time you are asked about who you're staying with you are likely to be told that you are not using your visa appropriately and to not return. It may even end up with you on the next plane back to the UK, a cancelled visa, and no way to get back to the US without applying for a K1.

Last edited by civilservant; Jul 25th 2019 at 12:59 pm.
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Old Jul 25th 2019, 1:06 pm
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Default Re: Visiting girlfriend in US

Won’t in any way be living, just visiting on off time between work, but that’s why I ask. As I can take a month on/month off contract, if that would be okay. Not sure how other people work it but I do have clear intention to bugger off home at the end of it- I have other options though. I know plenty people have property in the US who just visit for holiday but definitely no intention to do other than the legal process. I’ve always been clear with CBP whenever they ask why I’m visiting the US and many times I’ve got off a flight home from the US for work and turned straight back around and gone back to the same airport with no issues. Hence the working out my options.
Just want to see her as much as I can whilst I work in a job that gives me the opportunity to really, but we have 75% contracts as well which may be a better option from what your saying.

Thanks for the advice.
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Old Jul 25th 2019, 1:16 pm
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Default Re: Visiting girlfriend in US

Then you need to be clear about the words you're using. I wouldn't be using 'renting' in any conversation, ever. How you're renting without an SSN or ITIN is somewhat of an open question too.

Like I said, maybe you won't have any issues, for a long time, but then maybe you will. When you do, it'll turn ugly quickly.

It's all about your risk tolerance.
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Old Jul 25th 2019, 1:22 pm
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Default Re: Visiting girlfriend in US

According to your previous posts you're a crew member, so not sure that's much of a tie to the UK. Will you have property rental contracts for the UK to show if asked? And did you ever buy that car in the US? That would be another red flag to any immi officer as again it looks like you're making the US your home before you have a visa allowing you to do so.
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Old Jul 25th 2019, 1:33 pm
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Default Re: Visiting girlfriend in US

Originally Posted by christmasoompa View Post
According to your previous posts you're a crew member, so not sure that's much of a tie to the UK. Will you have property rental contracts for the UK to show if asked? And did you ever buy that car in the US? That would be another red flag to any immi officer as again it looks like you're making the US your home before you have a visa allowing you to do so.

yeah, correct. I can show contracts for the UK etc.

Didn’t get the car in the end so don’t have that red flag...

I guess my main aim question is what would be a reasonable frequency of visits and length of visits to CBP would anyone say?
Definitely all down to the officer on the day of course but a lot of you guys have done this and made the visits.

I would respectfully disagree that my job isn’t a tie to the UK however as I live in the UK and work out of the UK. Yes I do visit other countries all the time but it doesn’t suggest that I won’t return to the UK and in fact, the benefits you get are not worth losing. Presumably CBP would consider your job and look at how likely it is for you to abandon it- so somebody in a temporary part time job would be considered to have less ties to the UK in terms of their job than someone with a full time permanent job? I could be wrong though!

Really appreciate everyone’s advice. The original plan doesn’t sound like it’s a good idea so I can definitely scrap the idea of the 50% contract.

Thanks so much for helping me with this- just want to stay legal and not get in any trouble.

As for the renting side, it’s mainly going to be that I will pay part of it to help but it will be in my girlfriend’s name. It will in time once I legally can move become our home but not until then- although it’s one thing saying that here and another thing to convince a CBP Officer!
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Old Jul 25th 2019, 1:35 pm
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Default Re: Visiting girlfriend in US

I do have a very extensive I-94 for the past year showing me leaving the US on time, every time... don’t know if that helps or not?
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Old Jul 25th 2019, 1:57 pm
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Default Re: Visiting girlfriend in US

Originally Posted by jack172 View Post
I do have a very extensive I-94 for the past year showing me leaving the US on time, every time... don’t know if that helps or not?
That's one part of the criteria but it is only a small part that CPB looks at. Are you a risk of staying in the US? Yes you are as you have a girlfriend and a permanent place to live. You are not going to a hotel nor traveling around the US touring different states, etc.

You are to spend more time in the UK then you do in the US each year. If it is one month off and one month on, alternatively for a year, you are running the risk of being considered a PR for tax purposes in the US.

Why don't you just get married already and be done with it. Marry, have her apply the I-130 for the start of your CR-1 visa, and then you can do what you want as long as you live in the US for 6 months plus one day in the US to maintain your residency.
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Old Jul 25th 2019, 2:05 pm
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Default Re: Visiting girlfriend in US

Originally Posted by Rete View Post
That's one part of the criteria but it is only a small part that CPB looks at. Are you a risk of staying in the US? Yes you are as you have a girlfriend and a permanent place to live. You are not going to a hotel nor traveling around the US touring different states, etc.

You are to spend more time in the UK then you do in the US each year. If it is one month off and one month on, alternatively for a year, you are running the risk of being considered a PR for tax purposes in the US.

Why don't you just get married already and be done with it. Marry, have her apply the I-130 for the start of your CR-1 visa, and then you can do what you want as long as you live in the US for 6 months plus one day in the US to maintain your residency.
Thanks so much Rete. Month on/month off out of the question then!

Correct me if I’m wrong but it’s about 14 months until you can actually live in the US on the I-130?

But the plan plan is to marry pretty soon- currently it’s just establishing enough time to get over there and get it done working with my leave with work as I have no leave until October now.

Thanks so much for the advice all of you
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Old Jul 25th 2019, 2:10 pm
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Default Re: Visiting girlfriend in US

It's State dependent, but in some you can get married in as little as 24 hours. Some have no waiting period at all.
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Old Jul 25th 2019, 2:13 pm
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Default Re: Visiting girlfriend in US

Originally Posted by jack172 View Post


Thanks so much Rete. Month on/month off out of the question then!

Correct me if I’m wrong but it’s about 14 months until you can actually live in the US on the I-130?

But the plan plan is to marry pretty soon- currently it’s just establishing enough time to get over there and get it done working with my leave with work as I have no leave until October now.

Thanks so much for the advice all of you
It's great to see someone take on board advice from experienced people and not chuck a wobbly - you'd be surprised how many do that! You sound like a very nice lad, best of luck to you and your future wife
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Old Jul 25th 2019, 2:17 pm
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Default Re: Visiting girlfriend in US

Originally Posted by spouse of scouse View Post
It's great to see someone take on board advice from experienced people and not chuck a wobbly - you'd be surprised how many do that! You sound like a very nice lad, best of luck to you and your future wife
Thank you so much! I can imagine they do. Came here looking for advice and a damn good bunch of advice is what I got... We can’t be right all the time and I have to be very careful because if I get rejected from the US, I lose my job too. This forum is a goldmine if information and everyone has been so helpful and constructive. Anything that helps me to be able to be married and live together is perfect for me.
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Old Jul 25th 2019, 2:20 pm
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Default Re: Visiting girlfriend in US

Originally Posted by civilservant View Post
It's State dependent, but in some you can get married in as little as 24 hours. Some have no waiting period at all.
She’s in FL at the moment which is 3 days without the course, but off to Maine in a few weeks which I’m clueless about. I don’t usually manage the 3 days over there. I tend to get 3 nights with work. That and we would like a wedding with my family over as well. Maybe the answer is to get a quick marriage and then have a ceremony at a later date?

Thank you
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Old Jul 25th 2019, 2:22 pm
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Default Re: Visiting girlfriend in US

Maybe the answer is to get a quick marriage and then have a ceremony at a later date?
https://www.maine.gov/portal/residents/marriage.html

There is no waiting period after a marriage license is issued in Maine You can even be married by a Notary Public!

With respect to the CR1, that is absolutely the way to go. As long as you have the $ to file, it's always good to get a leg up and get started.
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Old Jul 25th 2019, 2:25 pm
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Default Re: Visiting girlfriend in US

Originally Posted by civilservant View Post
https://www.maine.gov/portal/residents/marriage.html

There is no waiting period after a marriage license is issued in Maine You can even be married by a Notary Public!

With respect to the CR1, that is absolutely the way to go. As long as you have the $ to file, it's always good to get a leg up and get started.
Fantastic! You are brilliant!

We will definitely get that done ASAP then!
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