Rydenhar

Hey everyone,

Just spent some time browsing your forum looking for an answer to my question but I'm not so sure I understand everything, so I thought the next best thing would be to post as after all not everyones situation is the same.

So here is my situation; I am a University student currently studying to get a BA in Film and Television Studies, I am scheduled to graduate in May 2009, I have a girlfriend who lives in the Dallas, TX area, she is a US citizen and we have been together for 3 years, we have also visited each other a number of times over those 3 years and stayed for good lengths of time (as much as the visa waiver programs will let us), in fact I am posting using her PC right now from her home in the US - Anyway, once I graduate I would like to move out here to live with her as soon as possible and try to get a job at a local TV station around here, we are not engaged but we do intend to be and to get married eventually, but we are not planning on rushing into anything (so I am not so sure that the fiancée Visa would apply to us?)

I read that the process could take 9-12 months, so if that is the case, I should probably apply for a Visa (still not sure which) when I return to the UK, is that correct?

Well.. I'm probably going to need to provide more information but I am not sure exactly what, so if you need to know anything else, I can be very co-operative.

Please enlighten me I just need some clearer information and some help with picking the right Visa for my situation.

Thank you.

Ray

You won't being joining her until you are or intend to get married
read her for a starter

http://britishexpats.com/wiki/K1

Tracym

Here are the ways to live and work in the US:

http://britishexpats.com/wiki/Pulask...ork_in_the_USA

There is no visa (other than marriage based) that I know of that will allow you to just come over here and look for work. There are employment based visas, but I personally doubt that will work for you - you do not have any experience.

My guess is your best bet is to get married - either the fiance visa (come over here after you graduate and get married) - or get married now (or sometime before you graduate) and apply to enter as a spouse. Either of those, depending up what you choose and how lucky you get, can take 6-10 months approximately. That's an estimate, individual cases vary.

See what route looks like it might work for you, and I'm sure we could answer some more specific questions.

Rete

If you are thinking of applying for a formal B tourist visa, don't waste your time and money. You will be denied as you will not have strong enough ties to the UK to allow the US Consulate to grant the visa.

You will not qualify for a H-1B work visa, although possibly a J might work. The only true means of emigrating to the US with the full rights to work and live is with a green card or at the very least a basis for application for a green card, i.e. marriage to a USC, L or H visa.

I don't believe the K-1 fiancee visa takes a year to sort out but it will take six months or more. Only you and she can decide on what you want to do about the marriage issue. Good luck.

Rydenhar

It definitely looks like the K1 would be the best way to go, I'll sit down and talk to her today about it.

Thanks for the quick replies everyone. I really appreciate it.

Rete

Let me throw another suggestion into the equation for you two to ponder.

Get married on this visit or your next, return to the UK to finish your studies, and she files the I-130 for your Immediate Relative Visa in the interim. It takes about as long as the K-1 to be adjudicated and after the interview at the US Consulate in London, your passport will be given the IR Visa and when you enter the US for the first time, you will be a conditional permanent resident with full rights to work and live here immediately upon entry.

The K-1 allows to enter the US to marry and then you have to apply to adjust status to permanent resident. So by going the CR route, you have bypassed the last step in the K-1 route of applying for residency after marriage and have accomplished residency status within approximately the same amount of wait time. Less hassle and since you will be apart anyway, there is no problem with a forced separation.

Tracym

I would strongly suggest considering Rete's suggestion.

Being a permanent resident from the start has many advantages.

meauxna

Since you've just graduated from school, and if you are not yet ready to get married, AND aren't positive that you're ready to settle down with this one person (hey, you're still young) maybe you should be more diligent about finding out about a non-immigrant option.

The J-1 visa could have some real application for you. There's an organization called BUNAC that is popular, and several others. If you search back for posts from this spring, the early birds were already discussing it here (there are several J visa people from the boards here in the US this summer).

hobbes79

That's how I came over (coincidentally, to Dallas) in the exact same position as you i.e. immediately after graduating from uni to live with US girlfriend. You can probably appreciate that if you have long term aspirations of living in the US, wedding bells are still on the cards. But the J-1 can buy you a little time.

Only thing to be careful of is getting a J-1 that doesn't have a 2-year home residency requirement (you have to go back home for 2-years). Worth some research.

Rydenhar

The J-1 sounds just perfect. We both want to get married but the idea of rushing into it doesn't sound so appealing, we wanted to wait it out for a while before tieing the knot. Everything I've read so far about the J-1 has mentioned the 2 year home residency but I'll dig a little deeper and keep looking.

Thanks you guys!

meauxna

I had a feeling...

May as well go straight to the source: http://travel.state.gov/visa/temp/types/types_1267.html

Not all Js have the 2-year HRR. You can find the Skills List by country here: http://travel.state.gov/visa/temp/info/info_1296.html

Alix

Mate, Make sure you do your research. The final decision is yours. One thing though is that if the visa you apply for gets rejected then it will delay the immig process significantly even if you get married at a later stage to a US citizen. Good luck!

Rete

Does this mean you won't finish up your education. Your OP said you graduate in May 2009 but for some odd reason others think you have already graduated.

hobbes79

As a recent graduate, he will be eligible for the J-1 next May. I obtained a J-1 after graduating from uni.

Rete

He is not a recent graduate. He is a current student. It is 2008; not 2009.

So as a graduate he will be eligible to apply for the J-1.