internationalman

Hi Everyone, I know the thread title may appear to resemble many others however I can not find anyone in my position so hear me out..

I have a 1 month old son living with his American mother in Florida. I am a UK citizen living in London. We are not in love any more (for various reasons) so marriage is something I don't feel comfortable doing.

I really want to see my child grow up but here's the deal; his mother is taking a course for a better job (I have a university degree) and is saying she has to file for child support to be eligible for temporary assistance. Since my job doesn't pay well I can't offer to subsidies her to avoid her filing for support but if support is filed it will be hard for me to get over to the USA to see my son.

We have been looking into ways for me to move over to Florida so I can be nearer my child however with visas being so hard to get the only option seems for us to get married.

It seems insane there isn't a visa for people in my position who want to live closer to their American born child without having to get married. Does anyone have any ideas how I can live closer to him without marrying his mother?

mikelincs

The only way would be for you to get a work visa, which as you say is difficult. Have you looked at the immigration forum for the USA.

http://britishexpats.com/forum/forumdisplay.php?f=34

and have a look at the BE Wiki, particularly in the USA section, Pulaski's Ways.

Noorah101

The only way is to get a visa based on your own merit, such as a work visa, student visa, or investment visa. Some of these may lead to US permanent residency, some don't.

If you don't qualify for any visa based on your own merit, you are looking at a 90-day VWP visit a couple of times a year.

Rene

internationalman

I just find it hard to believe a parent can't go and live with their child without gaining special skills (10 years for a Dr!), being an investor (so having $1 million) and a student visa is only temporary.....

internationalman

True but my worry is if child support is filed against me over here in the UK it will damage my ability to enter the USA

Michael

It is pretty much the same for the UK. If an American man has a child with a UK woman, about the only way for him to live and work in the UK is to get married, go as a student, get a Tier 2 visa (20,700 available annually for skilled workers that can't be filled locally) which is similar to the US H-1B visa, or a company transfer (similar to US L-1 visas).

H-1B visas only require a bachelors degree but you have to be specialized enough so that a company will sponsor you, pay the visa costs, and be able to hold a position open for up to a year (applications are accepted on April 1 with work starting on October 1 or later).

internationalman

First of all thank you for the advice, this is really useful to hear during such a hard time

So just clarifying it sounds like I could either:

1. Get Married
2. Go ever as a student and gain specialist skills
3. Get specialized over here then apply for H-1B visa

Michael

Or look for a job with a multinational company with offices in the US and hope to get a transfer on a L-1 visa. A transfer on a L-1 visa doesn't even require a degree but just that you have some specialized skills that pertains to the company such as a product specialist in technical, marketing, or sales of that product or most management positions. Also there isn't any quotas for L-1 visas and the application and transfer can occur at any time of the year.

H-1B visas are more difficult to get because they are more specific (USCIS usually wants more information about why you are needed and the company has to advertise the job in the US) and Indians usually get more than 1/2 the quota for their outsourcing companies so generally the visas are oversubscribed as soon as USCIS starts accepting applications on April 1. If the new immigration bill passes, the number of H-1B visas are supposed to increase. Currently there are 65,000 for all countries, 20,000 for foreign students with post graduate degrees from US universities, and unlimited visas for non profit organizations (universities, charities, etc.). With all those together, usually there are about 120,000-160,000 H-1B visas issued each year.

Also another option is to get your masters degree from a US university. Following that you can look a OPT position for 1 year term (USCIS is not to strict about OPT placement) and networking within the US will likely improve your chances of getting a H-1B visa. With a US masters degree, the employer can apply for both the 65,000 and 20,000 quota pool increasing your chances of obtaining a H-1B visa.

WEBlue

With all due respect, Michael, it's not true that the situation is the same in the UK. There is now a UK visa that enables a non-UK (and non-EEA) parent to move to the UK for parental access to their child, even if the parents are not married to each other. It's a fairly recent change. The parent applies for Appendix 5 of the VAF4A, "Parent Exercising Access Rights".

http://www.ukba.homeoffice.gov.uk/vi...ttled/parents/

UK immigration and UKBA (for all its many, many faults & problems) is actually quite far ahead of US immigration (IMO) in understanding & responding to the fact that children need both parents while growing up.

Michael

That could possibly open up a bag of worms especially from third world countries. I can possibly see a new Nigerian scam coming about. However maybe with the new higher UK support requirements for immigration, it may be too difficult to take advantage of the law by people from third world countries since I suspect that the UK parent would still have to have a large enough income to support the immigrant (many Brits are having problems reaching that support level to get their spouses to the UK so it wouldn't seem to make sense to make it easier for a non married/non relationship couple).

The US has anchor babies which probably isn't purposely used much since it takes 21 years but the new UK law could possibly have immediate unwanted effects if it doesn't require the support levels required by married couples.

Noorah101

Why?

Rene

penguinsix

The problem has been the concept of "anchor babies" eventhough they don't really exist at present. If all it took to jump to the top of the immigration system was a US child you'd have people rushing to have children in the USA (at least more than they are already doing so). At present there are Chinese mothers who take extended trips to the US late in their pregnancy to have children just so the kids can have a US passport. Down at the border there have been cases of women going into labour then running across the US/Mexico crossing, only to be apprehended and then needing an ambulance which results in them having babies born in the USA.

If there was a way that the parents could get immigration benefits just by having a US born child, the fear is there would be a massive rush of pregnant women followed soon after by even more immigrants. As such you won't see much of an effort to change things anytime soon.

RICH

Which part of Florida, Tallahasse by any chance? You don't have to marry the mother. There may be another American lady out there just waiting for you.

Pulaski

Airline tickets ain't cheap.

Michael

If such a law was passed, I could see even rich people possibly bypass E-2 or EB-5 visas in favor of artificial insemination of an American woman who was married and wanted a child but couldn't conceive. It could likely be cheaper and less risky than an E-2 or EB-5 visa.