meeko

Hi! I'm in a somewhat complicated situation with my british boyfriend, and we're not sure how to go about it.

The backstory:
I lived in England on a 6 month student visitor visa last semester, where I met my boyfriend. When I came back to the states, he came back with me on the VWP but was sent back home upon arrival (after both of us were horribly interrogated for 6 hours in a backroom) because he lacked ties to England.
Now, I have spent weeks reading about how to go about this, but I feel like I am getting nowhere. I know that since being denied entry with the VWP he is no longer eligible for it. I also have read that it is a lot harder to obtain any other kind of visa (or just visitor, it wasn't clear) since he was denied entry. I have a job, apartment, car, and am in school, so I am fairly confident that I could get a visitor visa to visit him. However, I'm not so confident that he will be able to get one. He's 22, just out of university, lives with his parents, and has a job at a cafe. No car, house, or other obligations, though, which I fear will prevent him from getting a visitor visa.

That brings me to question 1: What are the chances of him getting a visitor visa? He has 5 weeks paid vacation, so he wanted to come for around that length. Again, the only ties he has to England are his family, job, and bank account. He has to spend a few months saving up funds to show he can support himself here, so in the meantime, what else should he be doing to help his case? Also, I've read that he needs about 125% above the poverty line funds, which I have assumed means per month he plans on staying. When he does apply, could he show them my bank account as well as a support?

And onto question 2: Probably sooner rather than later, we want to get married so we can live together. We don't care where, as long as we're together. What is the recommended method considering our situation? Does the VWP denial hinder his chances of obtaining fiance/spouse visas as well? I still have a year and a semester left of university in the US, so either we can wait until about 6-8 months before I'm finished with school and try to have a fiance visa ready for me to move there when I'm done, or we can apply for a fiance visa after we've saved up enough money for him to move here. Which is easier to obtain a fiance visa from? The us or the uk? Do either of them take less time? We plan on meeting up for a cheap holiday in Mexico, hopefully in October or November Would it be easier to get married there and then apply for a spouse visa? I have been reading the wiki chart of pros and cons of each visa, and I am confused about the CR-1/IR-1 (Both parties outside the us). It mentions having to have been in the UK on the appropriate visa for more than 6 months, but which visa would be the appropriate one? Would that be done after being there on a fiance visa for 6 months?

Basically, our time line is as follows:
In next few months - meet up in mexico
Few months later - boyfriend applies for visitor visa (or should this be done first?)
Blank space, no idea what's happening between this and hopefully getting married.

I apologize for this huge amount of text, but I haven't found answers specific enough to our circumstances that I feel comfortable enough to base our relationship on. Please let me know what you guys think, this forum has been very helpful and you all seem like very knowledgeable people on this subject

lansbury

He will almost certainly be denied a visitors visa for lacking ties to the UK. Especially as he was denied entry on the VWP for this very reason.

When the time comes to apply for an immigrant visa the denied entry under the VWP will not have a bearing on that application.

to BE

meeko

I figured as much What could he do to establish more ties? He has no license, so a car is out of the picture. I suppose he could try and find a flat to rent, which he could show he has plans to come back to. Also, his boss will write him a letter saying he plans to come back and work with for them again after his stay. What else would show ties?

Thank you for your reply

Noorah101

I can't think of any "quick" ties he can create to overcome immigrant intent right now. Seeing as how you're ready to get married soon, I'd just continue meeting up in the UK or other countries until such time that you want to marry and do either a K-1 or Immigrant Visa.

Where you want to live (US or UK) is entirely up to you, but I believe the financial requirements are easier to the USA (does his job at the café pay enough to sponsor you to immigrate to the UK?).

The thing you were reading about the USC needing to live in the UK for 6 months is only if you already live there, then you can file the I-130 directly to London. You will be filing the I-130 in the USA (that is, if you marry first and then do the Immigrant Visa).

The process for both the K-1 and the Immigrant Visa takes around 8 - 10 months. Which one you decide to go for is entirely up to you.

Rene

scrubbedexpat099

Why do you need a visitor visa to visit him?

Michael

I agree. Normally they parole someone into the US on their first time unless the POE officer suspects that they may overstay or work. There was someone recently on BE that had very little money and very little ties and was meeting up with his girlfriend and even though he was taken to secondary, he satisfied the POE officer that he wasn't going to overstay or work and was paroled in with a warning that he would need a visa the next time.

mikelincs

Perhpas it had something to do with the fact that they arrived together, instead of him arriving alone as a visitor.

scrubbedexpat099

But they would have gone through different lines.

mikelincs

from the OP.

<I lived in England on a 6 month student visitor visa last semester, where I met my boyfriend. When I came back to the states, he came back with me on the VWP but was sent back home upon arrival (after both of us were horribly interrogated for 6 hours in a backroom) because he lacked ties to England. >

Michael

I don't know but he was only 19, told the POE officer he was visiting his girlfriend, was staying with her, was attending school, living with his parents, had about $30 per day cash, and no credit or debit cards.

I suspect the best way is to be 100% honest and forthcoming so that the POE officer won't suspect that you are hiding anything.

meeko

Good morning, guys!

I just meant I would get through immigration in the UK on the vwp. He's trying to get one for himself to visit me.

Noorah:
Thank you for your reply! That was all very helpful He currently makes about 300 pounds a week, which translates to about 460$ with the current conversion rate. So, 1840$ a month. I'm not sure what 125% is at the moment, would that be enough? He could get a second job if it's not.

We did have to go through separate lines, however, I waited for him outside of his line until the officers questioned me. We were never actually in the same room, they just kept going back into the room with him and then back out to me. They didn't tell us what the reason was, even when we asked. We only assume it was lack of ties because that's the code they stamped his passport with. They asked if we planned to get married and we both said no, they asked if he planned to work and we said no, and so on. In the end when asked why he wasn't being let in, the lady said to me, "We have laws to keep people like him out." ??

Michael:
That's about what he said. 22, just out of university, living with parents, staying with girlfriend, about 700$, one debit card. They must have not liked a certain answer or something

scrubbedexpat099

It does not matter what he makes from a US perspective, he does not make enough to sponsor you to immigrate to the Uk.

meeko

Do they strictly base it off of how much he makes and nothing else? If he has a large amount in the bank, would that be alright?

Michael

He needs about ₤62,000 in liquid assets in the bank for 6 months or about ₤18,000 annual income to sponsor you and joint sponsors are not allowed. For the US, it is approximately the same numbers but in dollars ($54,000 or about $18,000) and for immigrating to the US, you can use a joint sponsor which can be any US citizen or legal permanent resident over 18 that qualifies at 125% of the poverty level including the immigrant. The US allows you to make up lack of income with 3x the assets (i.e. $15,000 income plus $9,000 in assets) but not sure if that is allowed for immigrating to the UK. The US also doesn't have the 6 month requirement that assets must be in the bank and could possibly be any asset that can be easily turned into cash without undue hardship.

Noorah101

Meeko,

Just to clarify, the statement above pertains to what HE needs to earn in order for you to immigrate to the UK.

Again just to clarify, the above statement is what YOU need to earn in the USA, for him to immigrate to the USA. If he's immigrating to the USA, his own financial scenario does not come into the picture. It's all based on your income.

Rene