Waza

Moving to Chicago later this year to be with my American girlfriend. How long can i stay legally, i have plenty of money to live on for the time being. Then will be getting married and hopefully getting job.I know i will need a green card to work, which i presumably will get once married.

Noorah101

Hi Waza, Welcome to BE.

Judging from your post, it seems you haven't thoroughly researched your visa options for moving permanently to the USA.

If you come to visit her later this year, you can legally stay 90 days on the VWP, or perhaps up to 6 months on a visitor's visa (not sure which one you have), but you cannot work during that time. You can get married during that time, but you will then need to return to your home country for Immigrant Visa processing, you cannot stay in the USA to adjust status if you had that intent when entering on your VWP/Visitor's visa.

You need to do a LOT more research. You have basically two options...the K-1 fiance visa, or the CR-1 Immigrant Visa. Go to this site's Wiki for more information on both.

When you've read up on each one, come on back with any questions.

Best Wishes,
Rene

Waza

Hi and thanks for your reply.
This will be my fourth visit when i go in june, after that hoping to go and stay for approx 4-6 months, what visa would i need for that, i wouldn't be working in that period as i have enough money to live on and would be staying with her.

Noorah101

I'm not sure I follow you. You're going to visit in June, right? Do you qualify to use the VWP? What country are you from? If you qualify for the VWP, you'll be using that to come visit for maximum 90 days. You can't stay 4 - 6 months. You can TRY applying for a B tourist visa, but if you're not of retirement age, and you qualify for the VWP, it will be difficult to get.

So your plan is to come visit in June, and then talk with her about which immigration route to take....the fiance or the spouse route? And then go from there...right? In your title you say "moving to Chicago", I'm just pointing out that you won't be moving to the USA until you have the appropriate K-1 or CR-1 visa in hand first. Anything before that is a visit.

Rene

Waza

Thanks again...Yeah sorry i'm from the UK and use the VWP, i'm 44 years old.
I was hoping to get an initial 6 month tourist visa, and then go down the Fiance route.

Noorah101

You can certainly try for the 6-month tourist visa....but be prepared for a denial. It's much better to just come for the regular 90-day visit.

If you wait until June to start the fiance visa process, you probably won't be moving here later this year.

Why not just start the fiance visa now? Then you can just move over here in 6 - 8 months, without going through all that visiting again.

Rene

Waza

Cheers......My god it takes that long does it?............Is it a bit of a minefield or what. Also how do i get it all going in the first place....sorry for all the questions, as all this is new to me.

Cheers
Warren

Noorah101

Did you read the Wiki as I suggested? It tells all over there.

USC files an I-129F petition with backup documents....eventually you get your own set of documents to fill out for the visa application, you get a medical done, go to the visa interview, then move to the USA. That process from start to finish takes about 6 - 8 months through London, one of the quicker embassies. Ours took 14 months going through Turkey back in 2004, so you've got it good!!

Rene

Waza

Will read it as you said. Thanks for all your help.......

Noorah101

Also read up on the CR-1 Immigrant Visa (for spouse). Your other option is to get married when you visit in June, and go that route. It takes a little longer to process (8 - 10 months or so), but it's a far better visa in the long run, as you enter the USA as a Permanent Resident, with no further paperwork towards the green card (as with the K-1 fiance visa).

Think about both options carefully, do the research, and make an informed decision.

Rene

Waza

Ok will do, thanks again.

meauxna

Someone complained last week or so that the answers were not clear enough for a question similar to yours, so I'll put it out there.

It is illegal for you to use a non-immigrant entry with the intent of immigrating.

That means that it is illegal for you to come here as a visitor (VWP or visa) with the intention of getting married so you can get your green card on that visit.

If you come as a visitor, and you have intentions of living in the US in the future, don't cock it up because you don't like the alternatives.

For reference, you can search this forum for 'ten foot pole'.

The VWP allows you a 90 day visit; you are very unlikely to get a tourist visa for the activity you describe.

Waza

Ok cheers, thanks for the info...

adjudicator89

Dear Waza
It will fly by, I agree with Rene. If I was you i would start the fiance visa now and be done with it , yes I know 6-8 months might seem long but it really isn't compare to others waiting for I-751 application, mine got just recently approved I waited almost 23 months from start to the approval. Best wishes

Waza

Yeah You are all right....Will do that. Thanks to everyone for your info

Warren