Best option for long-term stay ASAP
 

Hi all!

Im looking for guidance on best options for remaining in the USA long term. I have an American girlfriend of 5 years so I’m aware marriage is an option.

Im currently in the USA under the ESTA program but will be returning to the UK to visit family next month. Besides marriage, are there any other options to remain? Would it only be work visas?

Any comments would be appreciated.

Have a nice day !!

Re: Best option for long-term stay ASAP
 

How long have you been in US for so far this trip/this year? I hope you're aware you just can't fly back to the US from the UK at the moment.

By far the easiest way would be to get married and apply for a greencard via that. Otherwise, work/study may be other options in very limited circumstances. How have you been sustaining yourself in the US so far?

Re: Best option for long-term stay ASAP
 

Marriage is your easiest option, not going to be quick though. What do you do and what is your highest qualification? If you can give people more info, they may be able to suggest an employment based route that would be quicker.

And as above, how long have you been in the US?

Re: Best option for long-term stay ASAP
 

Um... no. You are visiting the US, you presumably live in the UK.

You cannot live in the US without the correct visa to do so. As you have already pointed out, you currently hold no visa at all (Hint: The VWP/ESTA is not a visa)

You have already correctly identified the fastest route to living in the US (legally) for you most likely.

I assume you are not going to be looking at returning to the US from the UK? The current travel ban makes the direct trip impossible. I echo my fellow posters in wondering how long you have been 'visiting' this country.

Re: Best option for long-term stay ASAP
 

There is an article in our Wiki called "Pulaski's Ways". It lists all the available routes to the USA. Take a look and see what you might qualify for.

Rene

Re: Best option for long-term stay ASAP
 

Hi there! Thanks for the reply all.

Im aware of the travel ban upon return from the UK. I’ve been living overseas so entering was no problem.

My aim would be to return home to the UK and save some money then return via a trip to Mexico where I have family for a few weeks.

In response to my qualifications, I have a law degree (UK) which is obviously different to US Law and a teaching qualification (TESOL).

How difficult is it to organize work whilst waiting for a marriage green card to process? Is it straightforward?

kind regards

Re: Best option for long-term stay ASAP
 

I’ve added that info below, cheers!

Re: Best option for long-term stay ASAP
 

Here's the problem. Your intention on your return to the US, when you present yourself for admittance as a 'visitor' is really to get married, and attempt to adjust status so you can remain in the US.

This is illegal.

Your better bet is to get married now, and adjust status now. Put off visiting your family until you have regularized your legal status in the US and have applied and have Advanced Parole in hand. Everything else is irrelevant.

As part of the process you apply for an Employment Authorization Document. When you have that in hand, you can seek and take employment. Before you have that document, you can seek it, but you cannot actually work, since you will not have legal permission to do so.

You also conspicuously failed to answer the question about how long you have been in the US.

Re: Best option for long-term stay ASAP
 

The first question is, how do you intend to start the "marriage green card" process in the first place? If you return to the UK as planned, you have 2 choices, the K-1 fiance visa or the CR-1 marriage visa. When you decide that, then your work authorization question can be answered.

Or, since you are currently in the USA, you can marry and adjust status now, but that means not going to the UK for several months (until you have AP in hand).

I think we assumed you wanted info on an actual work visa (instead of a marriage based visa).

Rene

Re: Best option for long-term stay ASAP
 

Cheers once again for the fast reply!

Ive been in the US since the 6th July in GA myself.

If you cannot marry whilst on ESTA status, how could one legally enter for marriage with no specific visa for this?

Thanks

Re: Best option for long-term stay ASAP
 

It's not the marriage that's the problem. It's presenting yourself as a 'visitor' when your real intention is to marry and adjust status.

You can enter on ESTA, marry, and then leave the US in order to apply for the correct visa. That's the right way to do it.

You can also marry and stay (apply to adjust status) now, since when you entered this time you did not intend to adjust.

The intention is the issue.

Re: Best option for long-term stay ASAP
 

If you want to enter the USA with the intent to marry and adjust status, there is a visa for that... the K-1 fiance visa.

Rene

Re: Best option for long-term stay ASAP
 

Food for thought if you entertain the idea of getting married on ESTA:
https://www.nolo.com/legal-encyclope...reen-card.html