sk22

Hi All, I posted a few months back some questions about immigration visa's for myself if I marry my US citizen girlfriend, I also asked about getting a Visa for my father and thank you for all your responses.

If I moved out there, I was told i'd be allowed to apply for a Visa for my dad to move and work out there after 3 years. Basically my dad and I are very close, he helps me a lot with my hobbies and he is now retired. I understand he can come visit under the Visa Waiver program for 90 days at a time but what is the length of time between visits he has to be out of the US?

The reason I ask is that as he is retired now and is pretty self sufficient so was wondering how much time he could spend a year with me until he gets an immigration visa. Would they ask questions if he made 2-3 visits per year provided he wasn't working and I could provide for him (he'd be living at my residence)?

Noorah101

There is no set length of time in writing. General rule of thumb is to spend more time outside the USA than inside. So, if he comes for an 80-day visit, he should spend 80+ days outside the USA before attempting another VWP visit. Each visit will be evaluated by the POE officer on duty that day, and will make the final decision whether to let him in or not.

There is no set amount of time "per year". It's a "per visit" amount. The VWP allows up to 90 days per visit.

Possibly. There is just no way of knowing in advance.

If he's retired, and he has a home in the UK that he does not intend to abandon, he could possibly get a B-2 visitor's visa, which would allow him to spend up to 6 months at a time in the USA. Again, same rule of thumb applies...spend more time outside the USA than inside.

Keep in mind that if he applies for a B-2 and it gets denied, he will have to re-do ESTA and claim the visa denial, which in turn will make ESTA get denied, which means he wouldn't be able to visit the USA again any time soon (probably between 6 to 12 months). But many retired folks get the B-2 visa (as opposed to younger folks).

Rene

Rete

Not sure where you got this timeline from but it is not correct. You will not be eligible to apply for an immediate relative visa for your father until you become a US naturalized citizen. You need to be married 3 years or longer to the same US Citizen and have your green card/legal permanent residency for 3 years before you can apply for this via an I-130 for him.

You are looking at 3-1/2 to 5 years, depending on when you get your residency.

lisa67

OP, you should also look into travel insurance for your father. My parents come for 4 or 5 weeks twice a year and as they get older, travel insurance is getting more and more expensive.

Bink

I agree with what others have said.
I've come in to the US 9 times in a year on a VWP and never had any trouble, I was only in for a maximum of a couple of weeks at a time with plenty of time in between though.

My Mum, comes to visit about 4 times a year and she hasn't had any issues. Again, she's here for 2 weeks or so at a time and is also retired. I think so long as your Dad has a fixed date to return and can answer any questions honestly without arousing suspicion he may intend to stay in the country illegally, he'll be fine. If he's staying for 89 days a time, he may get questioned on it if he's only out the country a few days before coming back in again...

Bob

There are so many threads on this subject.

So many pitfalls to understand, medical insurance being one of them.

Why not pursue a B2 tourist visa and do a few six month stints now and again? Holiday insurance for that length of time will be horrid anyway, but it'll be cheaper than the alternative.

sk22

Thanks all, much appreciated. Rete yes thats what i meant sorry, after 3 years of being a legal citizen (my wife to be is, and i'd only be moving ther after marriage). I think tbh if he could spend 6 months a year out there that would be perfect so like I say thank you in advance, I'll look into the B2 visa nearer the time.

Thanks so much, you've certainly put some of my unease at rest...

Noorah101

I think you know what you mean, but it's important with Immigration matters to get the right terminology. It's not "after 3 years of being a legal citizen", it's "after 3 years of being a US Permanent Resident" and the marriage must also be 3 full years old. You can file the N-400 up to 90 days prior to your 3rd annivesary as a PR, but the marriage itself must be 3 years old.

It will take about 6 months for you to become a USC, after filing the N-400. So the earliest you could petition for your dad would probably be about 3.5 years after you arrive in the USA (if you are entering on an Immigrant Visa). Longer if you are entering on a K-1, because it will take longer for you to become an US PR to begin with.

Rene

sk22

Thanks Rene, it wont be for a bit yet but thanks for the heads up

penguinsix

It may seem a bit cart before the horse, but the words Bob mentioned--"medical insurance"-- are a very serious and significant problem in bringing retired parents to live in the US. How much of a problem? Basically a game stopper. It's incredibly expensive IF-IF-IF they can even get insurance given their age and immigration status.

If your long term goal is to be with your father in his final years, I'm sorry to say those final years might not be in the USA. I know this sounds harsh, but this is something you will need to think about as you start going down the road to becoming an expat to the USA with family back home.