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bohemianprincess Sep 2nd 2009 1:16 pm

US a bit trigger happy with the fiance visa? How do I...
 
Thank you so much to whomever responds :)) I'm a USC who has been "seeing" a Scot online via Skype twice a day for almost two years and we are finally ready to make a move jeesh! We are as sure as we can be at this point, that we want to be together but would like to actually spend time in each other's presence before deciding to actually make our commitment official.

I was under the ignorant impression that he could just get a passport and fly out here (Texas) and we would just wing it from there. Not so easy.

I've been combing the internet for hours and hours trying to figure out how to go about making that happen. We are chasing our tails trying to digest and make sense of the copious amounts of information, the ridiculous amount of red tape, and surprising difficulty in making our dreams come true in starting our life together.

One cog in the wheel of our "happily ever after" is that I am currently receive Social Security monies from the US gov because my husband passed away ten years ago and I'm raising our child alone. So a shotgun wedding is totally not an option in the event my Scots love has 14 toes and a third nipple, because by marrying I would surrender any further Social Security assistance from the US gov.

What do I do somebody tell meeeeeeeee! (and sorry I am so long winded)

Thank you thank you thank you...

penguinsix Sep 2nd 2009 1:21 pm

Re: US a bit trigger happy with the fiance visa? How do I...
 
Choose, your money or your love.

Ok, that's a bit harsh (but a tad honest). Does your Scottish friend have any advanced skills, preferably a college degree, that might qualify him for an H1 visa in the tech industry or some other professional skills (medicine, law, etc)?

Is he young enough and rich enough to go to graduate school in the US?

Does he work for a large multinational in the UK and eligible to get a transfer to their US office?

TracyTN Sep 2nd 2009 1:25 pm

Re: US a bit trigger happy with the fiance visa? How do I...
 
He can come here on his passport via the Visa Waiver program and stay for 90 days so you can indeed meet.

Beyond that, if you do not want to marry, I agree that he'd have to find some sort of other way in - work is probably the best way, or as the other poster suggested, a student visa (not sure what the situation is).

If he is ever going to try to get a visa here, be sure he does not stay past the 90 days on the visa waiver program, which is calculated by the date on the I 94 (a form he will receive when he arrives - they normally staple it in his passport).

penguinsix Sep 2nd 2009 1:30 pm

Re: US a bit trigger happy with the fiance visa? How do I...
 

Originally Posted by TracyTN (Post 7896882)
If he is ever going to try to get a visa here, be sure he does not stay past the 90 days on the visa waiver program, which is calculated by the date on the I 94 (a form he will receive when he arrives - they normally staple it in his passport).

This is important. Don't overstay a VWP or any visa. Overstays can be a horrendous problem. Always book his flight back a week or so before his I-94 expires (note, it isn't always 90 days, just usually). That way you have some time should there be a last minute crisis.

bohemianprincess Sep 2nd 2009 1:37 pm

Re: US a bit trigger happy with the fiance visa? How do I...
 

Originally Posted by penguinsix (Post 7896872)
Choose, your money or your love.

Ok, that's a bit harsh (but a tad honest). Does your Scottish friend have any advanced skills, preferably a college degree, that might qualify him for an H1 visa in the tech industry or some other professional skills (medicine, law, etc)?

Is he young enough and rich enough to go to graduate school in the US?

Does he work for a large multinational in the UK and eligible to get a transfer to their US office?

Okay, soooo not what I wanted to hear. But thanks for the no-nonsense reply lol.

In answer to all your questions... no, no no and no. He graduated from the "Tech College" with a license as a painter/decorator, and has been self employed in that field for like 30-something years.

Is there a way for him to just come see the lay of the land like on just a passport, and then if all is rainbows and butterflies, he finds a job, and we get married after we actually know each other, and THEN applies for a work visa? Is the US that strict about it all?

Thanks a bunch for your quick reply :)))

TracyTN Sep 2nd 2009 1:40 pm

Re: US a bit trigger happy with the fiance visa? How do I...
 

Originally Posted by bohemianprincess (Post 7896914)
Okay, soooo not what I wanted to hear. But thanks for the no-nonsense reply lol.

In answer to all your questions... no, no no and no. He graduated from the "Tech College" with a license as a painter/decorator, and has been self employed in that field for like 30-something years.

Is there a way for him to just come see the lay of the land like on just a passport, and then if all is rainbows and butterflies, he finds a job, and we get married after we actually know each other, and THEN applies for a work visa? Is the US that strict about it all?

Thanks a bunch for your quick reply :)))

If you get married, why even bother w/ a work visa? Spousal visa all the way.

And yes- penguin6 is right about the 90 days not always being exactly 90 days. That is why you have to pay attention to the date on the I 94 when he visits.

bohemianprincess Sep 2nd 2009 1:43 pm

Re: US a bit trigger happy with the fiance visa? How do I...
 

Originally Posted by TracyTN (Post 7896882)
He can come here on his passport via the Visa Waiver program and stay for 90 days so you can indeed meet.

Beyond that, if you do not want to marry, I agree that he'd have to find some sort of other way in - work is probably the best way, or as the other poster suggested, a student visa (not sure what the situation is).

If he is ever going to try to get a visa here, be sure he does not stay past the 90 days on the visa waiver program, which is calculated by the date on the I 94 (a form he will receive when he arrives - they normally staple it in his passport).


Wow thanks for your speedy reply too! Okay, this may be a long-shot, but is there a way, that he comes on that tourist visa thingy, and then we decide we want to be together, but not get married so quick, and we just take things a bit slower than the speed of sound, and I could start my jewelry business back up and then hire him 8-) ???

penguinsix Sep 2nd 2009 2:04 pm

Re: US a bit trigger happy with the fiance visa? How do I...
 
Getting a job is the easy part.

It's the visa that is the tricky thing. The US doesn't give out visas for people to work in jewelry shops, or painters or decorators or carpenters or other types of jobs. The visas are designed (generally) on the idea that the person coming to work here either possess world-reknowned capabilities beyond that of any American (think David Beckham) or will contribute to the economy in such a way as to create other jobs for Americans (think an entrepreneur starting a company here, or a tech genius developing some code for a big US software company that makes billions from his work). Ok, that's the general 'happy smiley' face version of what the visas are out there for even if reality is slightly different.

Coming over on a tourist visa and then getting hitched is a RED FLAG!!! Do not do it! Go to the marriage forum and read a whole lot more about this. Your intent on a tourist visa is to 'visit' but when you get married it shows that your intent might not have been to 'visit' but to 'settle' and as such, you entered on your tourist visa under false pretenses. This can be a huge problem. If you do hit it off, send him home and make the arrangements for the fiance / marriage thing that way. Do not pop over to Vegas and think the visa thing will follow.

TracyTN Sep 2nd 2009 2:09 pm

Re: US a bit trigger happy with the fiance visa? How do I...
 
'Tourist visa thingy' is the visa waiver program. It is intended for passport holders of certain countries to be able to visit the US and/or conduct business here for a short period (90 days) w/out having to get a visa from the consulate. Bottom line is he should not overstay on the VWP - not even so you can take your time and decide if you want to get married.

It's not ideal, but situations like this 99% of the time mean that the new couple has to spend some time apart while waiting on the immigration system. It sucks but that's what it is. It's either play by their rules or suffer the consequences for years to come.

Rete Sep 2nd 2009 2:10 pm

Re: US a bit trigger happy with the fiance visa? How do I...
 

Originally Posted by bohemianprincess (Post 7896926)
and then we decide we want to be together, but not get married so quick, and we just take things a bit slower than the speed of sound, and I could start my jewelry business back up and then hire him 8-) ???


No, No, and No. A small jewelry business is not:

1. large enough to require foreign workers;
2. is not on the list of eligibility for hiring foreign workers on an H-1B;
3. he does not have qualifications for any H-1B visa; and
4. he is SOL in getting any work visa and his only hope of emigrating is through marriage to a USC.

And, no, he cannot come here to meet you for the first time with the intent to stay and marry you if he likes the looks of you in person and you like him because he remembers to put the seat down and dirty clothes in the hamper.

Rete Sep 2nd 2009 2:12 pm

Re: US a bit trigger happy with the fiance visa? How do I...
 
Oh and BTW the US is not trigger happy with the fiancee visa. You are just expressing your frustration at not being able to have what you want when you want it.

If you were going to the UK, he would have to do the same thing for your entry.

bohemianprincess Sep 2nd 2009 2:12 pm

Re: US a bit trigger happy with the fiance visa? How do I...
 

Originally Posted by penguinsix (Post 7896976)
Getting a job is the easy part.

It's the visa that is the tricky thing. The US doesn't give out visas for people to work in jewelry shops, or painters or decorators or carpenters or other types of jobs. The visas are designed (generally) on the idea that the person coming to work here either possess world-reknowned capabilities beyond that of any American (think David Beckham) or will contribute to the economy in such a way as to create other jobs for Americans (think an entrepreneur starting a company here, or a tech genius developing some code for a big US software company that makes billions from his work). Ok, that's the general 'happy smiley' face version of what the visas are out there for even if reality is slightly different.

Coming over on a tourist visa and then getting hitched is a RED FLAG!!! Do not do it! Go to the marriage forum and read a whole lot more about this. Your intent on a tourist visa is to 'visit' but when you get married it shows that your intent might not have been to 'visit' but to 'settle' and as such, you entered on your tourist visa under false pretenses. This can be a huge problem. If you do hit it off, send him home and make the arrangements for the fiance / marriage thing that way. Do not pop over to Vegas and think the visa thing will follow.

Thanks for all your time and advice Penguinsix :) I think I am starting to get it now. And I thought the US was laid back. Not so much. Okay so he visits, goes home, we apply for fiance visa from there. So not fun.

Bill_S Sep 2nd 2009 2:14 pm

Re: US a bit trigger happy with the fiance visa? How do I...
 
It sounds like the two of you have not met in person yet. How about having him visit you for a week or two, then you both take some time to think about what to do next. Proceed with caution.

bohemianprincess Sep 2nd 2009 2:20 pm

Re: US a bit trigger happy with the fiance visa? How do I...
 

Originally Posted by Rete (Post 7897004)
Oh and BTW the US is not trigger happy with the fiancee visa. You are just expressing your frustration at not being able to have what you want when you want it.

If you were going to the UK, he would have to do the same thing for your entry.

Thanks for your messages. Yes, you're right, I'm totally frustrated. I thought the US was all about bending the rules. Hard to swallow that aliens that cross the borders illegally have more rights and benefits than actual life-long citizens. But what can you do? Nada...

bohemianprincess Sep 2nd 2009 2:25 pm

Re: US a bit trigger happy with the fiance visa? How do I...
 

Originally Posted by Bill_S (Post 7897011)
It sounds like the two of you have not met in person yet. How about having him visit you for a week or two, then you both take some time to think about what to do next. Proceed with caution.

Thanks. Good advice :)

HoosierDaddy Sep 2nd 2009 2:27 pm

Re: US a bit trigger happy with the fiance visa? How do I...
 

Originally Posted by bohemianprincess (Post 7897030)
Hard to swallow that aliens that cross the borders illegally have more rights and benefits than actual life-long citizens.

Precisely which rights & benefits?? :confused:

TracyTN Sep 2nd 2009 2:33 pm

Re: US a bit trigger happy with the fiance visa? How do I...
 

Originally Posted by bohemianprincess (Post 7897030)
Thanks for your messages. Yes, you're right, I'm totally frustrated. I thought the US was all about bending the rules. Hard to swallow that aliens that cross the borders illegally have more rights and benefits than actual life-long citizens. But what can you do? Nada...

The system isn't perfect by a long shot, but at least we have one. (I'm stil trying to figure out what the UK's immigration policy actually is! LOL) Things tightened up after 9/11 especially, but I still don't see my 'rights' as a citizen being stepped on by USCIS. I consider it a privilege that my UK hubby (then fiance) was allowed to come here - the fact that it took me some time, paperwork and fees didn't upset my apple cart. It just is what it is. In fact, I've thoroughly enjoyed learning about our system.

One of the requirements of the fiance visa is that you've met in person w/in the last two years, so you can get that one under your belt soon. Beyond that, some reading which should help:

http://www.familybasedimmigration.com/forum/k1visa.php

http://www.familybasedimmigration.co...1flowchart.php

bohemianprincess Sep 2nd 2009 2:40 pm

Re: US a bit trigger happy with the fiance visa? How do I...
 

Originally Posted by HoosierDaddy (Post 7897050)
Precisely which rights & benefits?? :confused:

Well here in Texas illegally entering adults can enroll their children in our public schools, which btw, we taxpayers provide the funding for, and in addition to that, they automatically qualify for free lunches at those schools with no proof of qualifying income. Moreover, they cannot be denied healthcare at our hospitals for inability to pay.

TracyTN Sep 2nd 2009 2:42 pm

Re: US a bit trigger happy with the fiance visa? How do I...
 
Not every state is like Texas.

bohemianprincess Sep 2nd 2009 2:44 pm

Re: US a bit trigger happy with the fiance visa? How do I...
 

Originally Posted by TracyTN (Post 7897088)
Not every state is like Texas.

LOL! Thanks for your information TracyTN. You are so zen! Okay, I'm moving into acceptance and breathing deeply...

TracyTN Sep 2nd 2009 2:48 pm

Re: US a bit trigger happy with the fiance visa? How do I...
 
:rofl: Zen - I love it!!

I am one of these sad gits who enjoys learning about and understanding the immigration process. We could seriously use to lock down our borders but beyond that, I guess I AM pretty zen with it... :D

I went the K1 route so I'll be glad to help if I can.

bohemianprincess Sep 2nd 2009 2:57 pm

Re: US a bit trigger happy with the fiance visa? How do I...
 

Originally Posted by TracyTN (Post 7897107)
:rofl: Zen - I love it!!

I am one of these sad gits who enjoys learning about and understanding the immigration process. We could seriously use to lock down our borders but beyond that, I guess I AM pretty zen with it... :D

I went the K1 route so I'll be glad to help if I can.

Thanks for the help you've given and are yet to give I'm sure. LOL. Yes, it's looking like the K-1 is really our only option down the road. At least I have a tiny idea of the process now. I was gonna have him just jump on a plane. Oops.

TracyTN Sep 2nd 2009 3:02 pm

Re: US a bit trigger happy with the fiance visa? How do I...
 
Honestly, you'd be surprised at the numbers of people who think it is as simple as jumping on a plane. You're certainly not alone in having thought that...!

bohemianprincess Sep 2nd 2009 3:05 pm

Re: US a bit trigger happy with the fiance visa? How do I...
 

Originally Posted by TracyTN (Post 7897136)
Honestly, you'd be surprised at the numbers of people who think it is as simple as jumping on a plane. You're certainly not alone in having thought that...!

Yes, too bad we can't just claim ignorance. I qualify for sure LOL. Oh, and BTW, I bookmarked those links you gave me, thanks. :)

Rete Sep 2nd 2009 3:10 pm

Re: US a bit trigger happy with the fiance visa? How do I...
 

Originally Posted by TracyTN (Post 7897088)
Not every state is like Texas.


Unfortunately, they all are. The same here in NYS. Any child, regardless of their immigration status in the US, has the right to an education and must be enrolled in school. As for healthcare, a hospital cannot turn them away because of lack of healthcare insurance or lack of finances to pay. Believe both these things are federal mandates and not just local ones.

And before this goes off on a rant, we are talking here about a USC's legal ways to visit with a future love interest and if a marriage is in their future, how to get him into the US legally.

TracyTN Sep 2nd 2009 3:17 pm

Re: US a bit trigger happy with the fiance visa? How do I...
 
I guess I was thinking mainly of Oklahoma - know they are not so immigrant friendly anymore. And I did think several more states had made it harder for kids to get into schools w/out proper documentation.

I do believe hospitals won't turn anyone away though - don't think they can. So that part is true enough.

No rant from me - I'm zen, remember? :D

bohemianprincess Sep 2nd 2009 3:18 pm

Re: US a bit trigger happy with the fiance visa? How do I...
 

Originally Posted by Rete (Post 7897150)
Unfortunately, they all are. The same here in NYS. Any child, regardless of their immigration status in the US, has the right to an education and must be enrolled in school. As for healthcare, a hospital cannot turn them away because of lack of healthcare insurance or lack of finances to pay. Believe both these things are federal mandates and not just local ones.

And before this goes off on a rant, we are talking here about a USC's legal ways to visit with a future love interest and if a marriage is in their future, how to get him into the US legally.

Yes sorry about the rant. I get side-tracked easily. :D

bohemianprincess Sep 2nd 2009 3:22 pm

Re: US a bit trigger happy with the fiance visa? How do I...
 

Originally Posted by TracyTN (Post 7897171)
I guess I was thinking mainly of Oklahoma - know they are not so immigrant friendly anymore. And I did think several more states had made it harder for kids to get into schools w/out proper documentation.

I do believe hospitals won't turn anyone away though - don't think they can. So that part is true enough.

No rant from me - I'm zen, remember? :D

Indeed you are :cool:

ian-mstm Sep 2nd 2009 3:22 pm

Re: US a bit trigger happy with the fiance visa? How do I...
 

Originally Posted by bohemianprincess (Post 7897030)
Hard to swallow that aliens that cross the borders illegally have more rights and benefits than actual life-long citizens.

With all due respect, undocumented aliens are not responsible for your current situation. Further, all people on US soil are protected by the US Constitution whether they are here illegally or not... and, as such, they do not have "more rights".

Ian

bohemianprincess Sep 2nd 2009 3:25 pm

Re: US a bit trigger happy with the fiance visa? How do I...
 

Originally Posted by ian-mstm (Post 7897189)
With all due respect, undocumented aliens are not responsible for your current situation. Further, all people on US soil are protected by the US Constitution whether they are here illegally or not... and, as such, they do not have "more rights".

Ian

Think we miscommunicated. Sorry 'bout that. :)

jeffreyhy Sep 2nd 2009 4:28 pm

Re: US a bit trigger happy with the fiance visa? How do I...
 
ps,

There are a few million long-term unemployed people here in the USA who might disagree with that. A number of them have started threads here bemoaning the fact.

Regards, JEff



Originally Posted by penguinsix (Post 7896976)
Getting a job is the easy part.


bohemianprincess Sep 2nd 2009 5:21 pm

Re: US a bit trigger happy with the fiance visa? How do I...
 

Originally Posted by jeffreyhy (Post 7897367)
ps,

There are a few million long-term unemployed people here in the USA who might disagree with that. A number of them have started threads here bemoaning the fact.

Regards, JEff

You're right. I think my immediate knee-jerk reaction was "OMG I have to get married in 90 days!", not realizing the entire process before getting to that point. LOL

michigan_jim Sep 2nd 2009 6:37 pm

Re: US a bit trigger happy with the fiance visa? How do I...
 

Originally Posted by bohemianprincess (Post 7897030)
Thanks for your messages. Yes, you're right, I'm totally frustrated. I thought the US was all about bending the rules. Hard to swallow that aliens that cross the borders illegally have more rights and benefits than actual life-long citizens. But what can you do? Nada...

"aliens that cross the borders illegally" technically don't have rights... we just don't have the political will to properly enforce the laws.
EDIT: I stand corrected; they do have certain basic human rights, as they should. However, they do NOT have the right to remain in the U.S.

I'd recommend that you read the horror stories on this board, and I believe that you will want to do it the "right" way. "Bending the rules" is about as advisable as Russian roulette -- works out for some, REALLY goes bad for others. (And if you really want to see how much they DON'T bend the rules, please see my recent thread whose subject line begins with "$585".)

Best wishes!

-- Jim

ian-mstm Sep 2nd 2009 8:06 pm

Re: US a bit trigger happy with the fiance visa? How do I...
 

Originally Posted by michigan_jim (Post 7897736)
"aliens that cross the borders illegally" technically don't have rights... we just don't have the political will to properly enforce the laws.

With all due respect, everyone on US soil is protected by the US Constitution, the Amendments thereto, and the entire body of law that flows from it.



However, they do NOT have the right to remain in the U.S.
They are, as part of those rights that they do have, entitled to "due process".




And if you really want to see how much they DON'T bend the rules, please see my recent thread whose subject line begins with "$585".
That's a non sequitur if I ever saw one. You, and you alone, caused the issue that you now face. They caught *your* mistake the first time and gave you a chance to fix it... you didn't. They were flexible... you were the rigid one.

Ian

michigan_jim Sep 2nd 2009 8:14 pm

Re: US a bit trigger happy with the fiance visa? How do I...
 

Originally Posted by ian-mstm (Post 7897967)
That's a non sequitur if I ever saw one. You, and you alone, caused the issue that you now face. They caught *your* mistake the first time and gave you a chance to fix it... you didn't. They were flexible... you were the rigid one.

My opinions on that topic are posted in *that* thread, so no need to re-hash them here... suffice it to say that I respectfully disagree with the "you alone" portion of your post.

fatbrit Sep 2nd 2009 8:14 pm

Re: US a bit trigger happy with the fiance visa? How do I...
 
Just a small note for the new Midwest posters here who've never left the town they were born in: this site is full of bloody immigrants.

michigan_jim Sep 2nd 2009 8:17 pm

Re: US a bit trigger happy with the fiance visa? How do I...
 

Originally Posted by fatbrit (Post 7897991)
Just a small note for the new Midwest posters here who've never left the town they were born in: this site is full of bloody immigrants.

I am all for immigrants who come here legally, which I would imagine includes most, if not all, who are on this site. In fact, oddly enough, I am madly in love with a *certain* prospective immigrant. :)

fatbrit Sep 2nd 2009 8:20 pm

Re: US a bit trigger happy with the fiance visa? How do I...
 

Originally Posted by michigan_jim (Post 7898000)
I am all for immigrants who come here legally, which I would imagine includes most, if not all, who are on this site. In fact, oddly enough, I am madly in love with a *certain* prospective immigrant. :)

It may cause you to rethink some of your stereotypes. Let's face it: everyone knows at least one good immigrant.

michigan_jim Sep 2nd 2009 8:27 pm

Re: US a bit trigger happy with the fiance visa? How do I...
 

Originally Posted by fatbrit (Post 7898006)
It may cause you to rethink some of your stereotypes. Let's face it: everyone knows at least one good immigrant.

Well, with one Mexican aunt and one German aunt, I know at least two... when you mix in co-workers, that adds at least another half-dozen or so.

And though I don't know them personally, everyone here seems to be of decent character, so they'd also be on that list.

:thumbup:

fatbrit Sep 2nd 2009 8:30 pm

Re: US a bit trigger happy with the fiance visa? How do I...
 

Originally Posted by michigan_jim (Post 7898027)
Well, with one Mexican aunt and one German aunt, I know at least two... when you mix in co-workers, that adds at least another half-dozen or so.

And though I don't know them personally, everyone here seems to be of decent character, so they'd also be on that list.

:thumbup:

Wow! An international man of mystery, no less. So with all these great influences, where did it all go wrong?


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