smulvain

Hi,

Im pretty confused all the help is overwhelming and I feel like Im going round in circles. I am 29 and have been in a relationship with a US citizen for 2 years where we lived in London together, she has returned to the US to work and I plan to go there with her. My plan was to go to NY the beginning of July on the Visa Waiver Program then apply for work and hopefully get a H1-B visa.

Is this a practical way of staying in the US with her?

Any advice at all would be very greatly appreciated.

Thank you

Ash UK/US

To be blunt, marry her!

smulvain

I was hoping there would be another way, I think we will one day but I really wanted us to get married for other reasons than a visa. Ive heard that before.

In the short term is my plan viable?

Ash UK/US

You mentioned a Hb-1 visa, what is your specialty occupation? I am sure someone will correct me if I am wrong in this but legally I think you can only enter the country on a visa waiver if you intend to stay here on vacation and leave within the 90 days.

smulvain

I am a web designer and developer I have 5 years experience. I thought that you could extend the VWP or leave and come back. I really dont know what to do other than apply for the VWP and try and extend it? Or should we just tie the knot?

smulvain

or would it be easier to apply for a b2 visa?

Ash UK/US

I don't think you can apply to work on a B2 so you would have to make sure you can afford to live (legally).

smulvain

my Girlfriend who lives there has a good job and would be able to support me until we got married. I would much prefer to work but I just really want to be there with her. Its hard to find out what is the best option for me. Do you think a B2 visa would work until we got married?

Michael

Normally if you are eligible for vwp, you will be denied a B2 visa unless you are retired. Once you get denied, you will have to indicate that denial when doing the ESTA and several people that did that were denied a vwp since immigration may think you are trying to live in the US and not visit. Also a vwp cannot be extended unless there is a major reason (ex. you are in the hospital).

When coming to the US on a vwp, although there isn't a specific rule, you should stay out of the US for at least as long as you were in the US on the previous vwp. Again if you enter too often, immigration may suspect that you are trying to live in the US and may deny you entry.

As far as the H1-B visa, there currently isn't any available and will only become available again in October. Do you believe that you have the skill set that is much better than a US citizen or green card holder where an employer would want to hire you, pay a large amount of money for the visa and lawyer, and wait until October for you to start working?

smulvain

maybe not. I see what you mean. What do you think the best course of action is? Just marriage?

parkzy

YES....just marriage.

smulvain

if I go to NY on VWP and then get married or at least a finace visa would that work and then get married?

Michael

Marriage is the easiest route but that can also cause problems if you enter on vwp with the intension to get married, remain, and adjust status. If immigration believes that you entered the US with the intension of marrying and remaining, you could be denied the adjustment of status. However if you get married at the spur of the moment and remain, that is normally ok with immigration but sometimes that can be hard to convince immigration.

It is legal to get married while on a vwp but not with the intension of remaining. What immigration wants to you to do is to apply for a finance visa (K1) and when approved, come to the US and get married, and then adjust status. However, you won't be able to work after you arive on the visa for about 2-3 months after you apply for adjustment of status until your EAD or green card arrives.

Or what is also ok with immigration is to get married first (either in the US on a vwp or anywhere else) but remain outside of the US (except for visits) until your CR-1 visa is approved. Once that visa is approved and you enter the US, you are eligible to work immediately and your green card will arrive shortly.

smulvain

sorry Im a little confused if I mean if I visited on a VWP then left and applied for the fiance visa? would that work? Im so confused and the immigration advice on the respective websites is pretty confusing.

Michael

That is fine. You can visit any time even while a finance visa (K-1) or spousal visa (CR-1) is in progress. There is also a K-3 spousal visa but that visa is obsolete and shouldn't be used.

If you would like more information of those visas, check the Wiki. Also there are people in the "Marriage Based Visa" section of the USA forum that are currently going through that process.

If you have any questions on those visas, post the question in that section.