Visa confusion
 

Hi,

Basically, me and my boyfriend have been in a long distance relationship for almost 4 years now and since I'm finishing up university this year, we're trying to get the ball rolling for us moving together (at last!) once I get myself on my feet in the next couple of years. Only, I'm pretty confused by the whole 'must's and 'mustn't's presented when trying to find a visa which would allow us to move together.

Seeing there is no longer an option for simply being in a relationship, we were going to get a civil partnership and have both discussed this and agreed it would be the best option for us. However, despite being able to fit all the other criteria, we're struggling to match the financial one... Is there any leniency on the 18k annual income a year, seeing I'm only just going to be finishing uni, I'm unsure how obtainable that will be... I did see there was an option for 16k in savings, but I'm also unsure if that means between us or just me?

Thanks, any help would be appreciated - being it be other visa options or just clarifying what we actually need for the fiance / spouse visa!

Re: Visa confusion
 

Hello! :welcome:

You mention 'move together' - from the gist of your post, am I right in guessing you (a UK citizen?) and your boyfriend (a US citizen?) hope to live together in the UK? If so, this post might be moved to another forum - you've posted in the US one, which is where we offer advice on moving to America. You need to be conducting your research here: https://britishexpats.com/forum/citi...-visas-uk-196/

I don't know much (in fact, barely anything) about visa requirements to move to the UK, other than to say I was in the same position as you a couple of years ago. I was at university and my fiance (now husband) and I were in talks about which of us would move countries, and I remember feeling a bit daunted by the financial requirements for him to join me in the UK. If I recall correctly, you need to be earning over a certain amount for a minimum of 6 months before you can sponsor someone, which is difficult when you're not yet out of uni. In my case, life happened and the decision was made for us: I, a UK citizen, would move to America to be with him, a US citizen.

If you might be considering a move to the US, a 'civil partnership' won't cut it. You and your boyfriend will need to marry (<--- assuming you move on a spouse visa. Other visa options may be available to you if you meet certain requirements - info here: https://britishexpats.com/wiki/Pulas...ork_in_the_USA. ). I won't elaborate on the two spouse visa options until you've clarified whether moving to the US is an option for you because I don't want to overwhelm you with potentially unnecessary information, but if it is, you're in the right place and I (and others) will be more than happy to help. :) Please give us a little more detail!

Re: Visa confusion
 

Since you use the term 'university' I'm assuming you are the UK Citizen and your boyfriend is the US Citizen. Visa research can be confusing. Which country were you researching visa information for? The UK or the US?

Since you considering a 'civil' partnership and plan on obtaining a visa based on that then you must be considering having him move to the UK to be with you since the US does not recognize civil partnerships (common law marriages) and there is no visa for that type of relationship. Or it is now common speak in the UK to use civil partnership in lieu of the word 'marriage'?

Since you might be asking about UK visas and not US visas, may I suggest that you repost this in the Moving Back to the UK forum. They have a wonderful immigration sub-forum and I'm sure you will find your answers there.

http://britishexpats.com/forum/citizenship-passports-spouse-family-visas-uk-196/

If you are asking about a visa to live and work in the US based on a marriage to a US Citizen, then I'm sorry to say that there is no leniency in the financial requirements. And you have it wrong as it is not $16K in savings. The USC must be the sponsor, not the UKC, and savings must be 3 x the amount required in order to qualify.

http://britishexpats.com/forum/marriage-based-visas-35/

Re: Visa confusion
 

Oops! Sorry, I'm a noob to this forum and I just wrote on the first page I saw related to America!

Moving to America is an option, but I know that civil partnerships aren't accepted over there like they are over here, so I'm just trying to work out what would be easiest for both of us.

Re: Visa confusion
 

I think it will definitely be worth browsing the UK forum to familiarise yourself with all of your options. :) While you're here, though, and as moving to the US is another option you're considering, you'll want to focus your research on the K-1 and CR-1 visas. Detailed information is here: https://britishexpats.com/wiki/Compa...ge-based_visas

Nutshell version here:

The K-1 visa is a 'fiance visa'. You apply for it from the UK, and it will take several months for your petition to be processed. It will see you travel to the US on the condition that you will marry your boyfriend within 90 days of arrival, and then file to adjust your status to 'permanent resident'. You remain in the USA while that adjustment is being processed. Once your status has been adjusted, you will have the right to live and work in America. The upside to a K-1 visa is that it might be marginally quicker to obtain than a CR-1 visa (I'm sorry, I don't know the current estimated timelines - perhaps somebody else will let us know), but the downsides far outweigh that. You will not be allowed to work until your status has been adjusted (can take months), which can cause a financial strain and also add hurdles to your settling in a new country; on top of that, your paperwork is far from over once you arrive because you need to file to adjust status, which can be an uncertain time.

The CR-1 is a 'spouse visa'. You will need to marry your boyfriend before you can apply for a CR-1 visa. It doesn't matter where or when you get married, but you need to be married when you apply. (I married my husband in the USA while visiting on an ESTA - lots of people do it this way as it's far simpler than marrying in the UK, where your boyfriend would require a marriage visa.) Once married, you send in the petition for the CR-1 visa which, again, takes several months to process. On average, I think we're currently saying anywhere between 12 - 18 months. (Mine took 13, I moved here almost a year ago to the day.) The benefit of the CR-1 visa, as opposed to the K-1, is that you are a permanent resident as soon as you set foot on American soil, with the right to work, and no more paperwork due until it comes to removing the conditions on your green card (almost two years after arrival). Most people on this forum tend to agree that the CR-1 is the preferred way to emigrate when one's options are that or the K-1.

Both of these visas require financial sponsorship from your spouse. For the CR-1 visa, your spouse can use a joint sponsor if he does not meet the financial requirements.

I wish you luck in making your decisions, I know they're not easy ones! But hopefully this information will have been of some use. Definitely go and have a look around the UK forum to see what options you have for your boyfriend moving to the UK so that you can inform your decision as best as possible. :thumbsup:

Re: Visa confusion
 

I have highlighted the erroneous information in the above paragraph and have corrected it below with only the briefest of information.

Actually the K-1 is a two part visa process. The petition that allows the foreign fiancée to apply for the K-1 visa must be completed by the USC (Form I-129) first and filed in the US. It is only after it is approved (6 to 8 months later), that it is forwarded the US Consulate/Embassy where the foreign fiancée lives. Then the fiancée will complete the process to obtain the visa (another wait time of 3 to 4 months).

Once you have entered the US with an approved K-1 visa you have the right to live and work in the US while the adjustment of status petition is being adjudicated. After marriage you file for adjustment of status and for an employment document and when received can work. You do not have to wait until the adjustment is adjudicated.

Re: Visa confusion
 

Re: Visa confusion
 

As for financial sponsorship, the US Citizen spouse must be the primary financial sponsor and will complete an I-864 affidavit of support and have to have a salary of 125% of the poverty guidelines for a family their size plus you. Since it is only you and him, it would be a family of 1 plus you for a total of 2. If assets are used, the assets must be 3x the poverty guidelines for a family of 2 which is size we just determined.

If the USC cannot fulfill the financial requirements (and it is strongly hoped that he has a career other than slinging burgers at McDonald's), then he still completes the I-864 and joint sponsor can be used to complete another I-864. The joint sponsor's family size is the number of persons in their household plus you and again they need to earn 125% of the poverty guidelines for that number of people

Re: Visa confusion
 

Thank you, Rete. I need to refresh myself on the K-1 processes - I think my absence from the forum saw all the information disappear from my radar. Off to study! :typing:

Good luck, OP!

Re: Visa confusion
 

If you don't want to marry, then have him move to the UK if that is possible. Depending on what your degree is in you might be able to step into employment in the US without having to go back to school for additional classes, i.e. nursing, teacher, etc. It is hoped that he has a career that is transferrable to the UK.

Re: Visa confusion
 

Sadly, he doesn't have a degree. However, I do... so that could be possible for me moving to the US? I have a counselling and psychotherapy degree.

Re: Visa confusion
 

That will not suffice for a work visa to the US. Counseling and psychotherapy is not on the list of approved careers for a H-1B work visa. Not even sure if this is work attainable for you in the US with only a UK degree. I would look into employment possibilities, if and when you enter with an approved immediate relative visa.

Re: Visa confusion
 

Is this you by chance ... the last post in this thread

https://britishexpats.com/forum/usa-...-856837/page2/

Re: Visa confusion
 

No, that isn't me.

So what I'm getting is both US and the UK will require me and my boyfriend to marry (hopefully the UK approve the law to make it legal for heterosexual partners to get civil partnerships).
Hopefully, with my degree I'll be working a job that I'll be making 18k annually with anyway..

. If I'm gonna move to America I should definitely look to see my job opportunities on my UK degree though.
Thanks for bringing this to my attention.

Re: Visa confusion
 

couldn't you just get married normally?