Scotslass89

Hi Everyone,

I am a newbie on here and looking for advice - I know these answers are probably already on here somewhere, so if anyone can point me in the direction it would be hugely appreciated!

This is the common story of boy meets girl...I Met the love of my life while here was here working in the UK. We kept in touch for a year before finally meeting up again here in the UK and recently I Spent two (very short) weeks with him in his home town of Katy, Texas - on my ESTA VISA which runs out Dec 2015. Not only am I head over heels with my cowboy but I adore Texas and could really see myself living there in the Future.

Now the big questions.. how/what to we do? I am lucky he works often in the UK and can see him then, but that really isnt enough to build a lasting relationship. The Plan so far is to return mid fall and stay until Xmas as a trial move... so I can do this on my ESTA. All going well, I'd like to return again in Jan for as long as possible - It is highly possible I will be able to leave US in under 90 days to accompany the cowboy on his business trips but just in case... would I be better applying for a tourist VISA for this period? Can I do that while my ESTA is valid?

I also would really like to work while I am out there, I am massively independent and I dont want to be a house wife forever. Is the only way I can work is to be married and have my greencard? What happens then? If we get engaged do I apply for a new VISA? I have heard you get a time frame of 90 days to wed, eek! The plan is to get Married in Scotland.What happens after we are married is there another form I need to complete and how long does this take? Would I need to stay in the UK or can I return to what will be home in Texas under my ESTA/Tourist VISA?

I am sure many of you have been through this already so all advice is appreciated!

Also, I am very socialable and worried about not having friends when I move over - esp when not working so any other expats in the Katy area... BE MY FRIEND

Thanks for your time reading this!

x

Pulaski

You've asked a LOT of questions! Out of respect for the members here, and their time, might I suggest you go over to the Marriage Based Visas forum and read a few of the recent threads, because your situation and circumstances are not that unusual. Then, if you still have questions or need clarification you can ask them.

scrubbedexpat099

Forget the B2, most unlikely to get one.

VWP is for visiting and you sound like you want to use it to live there, eventually that will bite and you will be refused entry, not possible to say when.

Most people in the US get 2 weeks holiday so what you are trying to do looks odd.

K1 Fiancee Visa seems to be taking 9 months or so, CR1 for a Spouse over a year, and of course you need to be married to start that.

Scotslass89

Thanks for your prompt replies!

All very confusing for me at the moment... So I cant us my ESTA to go back and forth? I'd be better getting a tourist/Fiancee VISA? for my time over there next year then i'd be staying back in the UK until the CR1 approves .. hopefully!

Thanks for the link too, very helpful

BunnyGirl

No, it doesn't work like that. You choose EITHER the K1 or a CR1. There's a comparison of the 2 here:

http://britishexpats.com/wiki/Compar...ge-based_visas

You CAN use your ESTA to visit while your visa is processing but, if you try and do back to back trips, you run the risk of being refused entry. General rule of thumb is to spend more time out of the US than in.

And a tourist visa? If you're eligible to use ESTA then you will more than likely be denied a B2, which you'll then have to declare on your ESTA which will then probably be denied for 6-12 months so you wouldn't be able to visit the US at all.

As Pulaski says, come on over to the marriage foum and do LOTS of reading...

bewildering

You can use the ESTA to go back and forth, but eventually you MAY have a problem getting past the border agent. They are on the look out for people that abuse the ESTA, they especially are concerned when they think someone might be working, or attempting to marry/settle while on the ESTA. Repeated visits might raise their suspicions. We cannot predict when that might or if that might happen.

There is a infamous thread on visajourney about your very situation occurring to a canadian girl - pro tip - don't be overly friendly with border agents.

I don't believe you can apply for the B2 tourist visa until you are denied the ESTA. The K1 Fiancee visa takes 9 months, and once you arrive in the USA you have 90 days to get married. There is no fiancee visa that allows you to go backwards and forwards. They expect you to marry.

Unsure what you are asking?

ian-mstm

ESTA is not a visa... it is merely permission to get on a plane headed for the US. It's important that you understand there's no visa involved... because it limits your options.


This is one of those option limiting things I mentioned. You can visit for 90 days... but you can't move - and you shouldn't call it a trial move, because if you happen to say it to the wrong person, you could very quickly find yourself on a plane back to Glasgow!

As an aside - I was born in Glasgow... lived in Muirend.


No. If you are eligible for the VWP, you are unlikely to get a visa (<-- lower case. Why? VISA is a credit card).


You can't work as a visitor.


No.


In that case, a K-1 visa is not appropriate. End of story.

Ian

ian-mstm

Not true. Anyone can apply for a B-2 visa at any time.

Ian

Noorah101

What do you WANT to do? Do you want to continue visiting each for a while, until you're sure you want to be married? Or do you feel ready for marriage and want to do either a K-1 fiance visa or a spouse Immigrant Visa?

This is not a good plan. The fall trip is fine, but leaving the USA in December and returning in January is not a good idea. Back to back trips like that are frown upon. General rule of thumb is to spend more time outside the USA than you were just inside...so if you spend up to 90 days in the USA in the fall, it's best to spend more than 90 days outside the USA before attempting another VWP visit.

Yes, you can apply for a B-2 visa while your ESTA is still valid. However, B-2 visas are almost always denied when a person is eligible for VWP travel, as you are. If a B-2 visa gets denied, you have to reapply for ESTA and declare the visa denial, which we have seen results in an ESTA denial for about 6 - 12 months thereafter. So it's best NOT to apply for a B-2 visa.

No, not necessarily. You could try to get some kind of work visa, although that's usually much, much more difficult than going the marriage-based route. Not knowing what you do for work, it's hard to judge whether a work visa would be available to you or not.

If you want to first get engaged and then move to the USA via marriage, you would need a K-1 visa, yes.

The K-1 visa takes about 6 - 8 months to process; the visa itself is valid for about 4 or 5 months after the interview, and then once inside the USA you have 90 days to get married in the USA, correct.

In that case, the K-1 won't work for you, as the marriage must take place in the USA.

Yes. After marrying in Scotland, your USC spouse files an I-130 towards an immigrant visa. The process takes about 8 - 10 months, and you become a US PR immediately when you arrive in the USA using the immigrant visa.

You can continue visiting the USA using the VWP while your visa process is going on.

If you decide on a marriage-based visa, please post those questions over in our Marriage-Based Visa forum.

Rene

Scotslass89

Thank you so much for your detailed replies, huuuuugely appreciated!

K1 is out the door, still planning on the 4/6 week visit in fall... but need to spend more time outside US, fine because the cowboy comes over on Business often!

I'm an Events Manager for a national charity I have heard the Working visas (lower case ) are not very common.

Off to The Marriage forums i go!

Thanks again!