Melaniew

My question seems simple but I have found great difficulty in finding and answer:

My boyfriend is british and is working in the US with a working Visa, sponsored by his company.

I am British and have been living with him, by going back and forth every 3 months on the Visa Waiver option

We're thinking of getting engaged. Does anyone know whether i would be able to stay out here with him following engagement or have to leave the country for a while, whilst a finance visa is being drawn up?

Manc

If all he is on is a H1b visa, then at most you're gonna get is a H4 visa, and you need to be married in order to file.

Theye is no finace visa for a fiance of a H1b visa holder.

NC Penguin

The most important factor of having an H4 visa is that though the holder can legally reside in the US, the holder is not allowed to work.

The other way to get to be with your boyfriend is to get an employment visa in your own right. However, I've just heard that the quota for H-1Bs for fiscal year 2005 has already been filled! I don't believe this quota applies to both teachers or nurses but I may be mistaken.

Melaniew

Thank you for that response.

My boyfirend is on an L1 visa, i've just found out. If we get engaged, I could then stay out here with him do you know, without having to leave after 3 months?

Also, i've been coming in and out of the US, doing the visa waiver for 1.5 years now - can I continue doing that for as long as I like? Immigration are begining to give me a hard time.

Thanks

Manc

well now you'll look like you have immigrant intent.
I don't think you can adjust status for an L2 visa in the USA or by just being his fiance.
You'll need to file for it in the UK I would imagine as that's where you reside.

Unless your boyfriend is a US citizen he is not eligible to apply for a fiance visa for you.

Melaniew

And waht if we skipped the engagement and just married? - we have proof we've been together for 2.5 yrs

Manc

where in America?
why that would be immigration fraud.

NC Penguin

Even if the two of you married (in the UK. I suppose you could get married in the UK but you'd have to leave immediately because you don't have the appropriate status to remain in the US), your L1 visa holding husband would have no rights to have you stay with him legally in the US.

The privilege exists for American citizens only.

I would strongly suggest you read the USCIS government website for further information.

I am not a lawyer so my posts should not be considered legal advice.

Melaniew

Thank you very much for all your help.

Englishmum

Well - the good news is that about 18 months or so ago President Bush signed an Act allowing spouses of L1 visa holders to apply for work authorisation. I'm on an L2 dependant visa and my husband's company applied for me. However, you can only apply for work authorisation once you have moved to the US, you can't apply for it from overseas. It also doesn't limit you to any particular employer, you can work for whomever you like (except for govt. jobs) unlike the L1 visa holder!

You should ask your boyfriend to speak with his HR dept to see if they will apply for an L2 visa for you if you two get married - but they should check with the company's immigration attorneys (who applied for his L1 visa) in the first instance. If they're happy to do this I would imagine that it's probably best to get married in the UK anyway as I guess you will need to have an interview at the US Embassy in London.

I'm amazed that you have managed to travel to the US so frequently and for so long; do you have a job in the UK?

Melaniew

I don't have a job in the UK. I have been here for 1.5 years, going in and out every 3 months, to make sure I don't outstay my welcome! I'm a writer, so i can do that from home whereever in the world. Its coming to the point now that I think we need to move my US status forward though - so I have more options and possibly look for employment.
It looks like to do this, I would have to marry my boyfriend or get sponsored under my own right by a company. But after hearing a previous response - i'm worried that even marriage wouldn't help me being able to stay out in the US with my man.

Thank you for the information about the L1 and L2 visa - sounds promising.

Englishmum

So it seems that you have been resident in the USA for 1.5 years and have left the country to return about half a dozen times to get a new visa waiver (for a max of 90 days) to re-enter the States.

Are you mad? I'm serious.

You are just so, so lucky that you haven't been put on the first plane back to the UK....

As you have already mentioned, you had a hard time being grilled by the immigration officers last time you entered the States. You presumably can't even provide any evidence that you have a job or at university in the UK, no wonder they're becoming suspicious! Perhaps you don't know this but from last Thursday (there is a thread on this forum which I posted last week about it) all non-US citizens entering the USA on visa-waivers had to have their fingerprints taken - and I was at Newark airport and it was taking longer for passengers to come through to the arrivals hall. They are definitely getting tougher at the POE's.

I suggest that if you want to as you say "stay with my man" that you get married ASAP. Then his employer can apply for an L2 visa for you. As a writer and once you have work authorization you can then be legally paid for your work by publications, publishers etc.

Melaniew

The way I see it is, I am not doing anything illegal - I'm not earning money out here and I never outstay my 3 month visa-waiver period. I'm getting the distinct feeling, however, its not as simple as that though!
Thanks for your advice. I'm going to show your reply to my boyfriend...he may have a mini heart attack at the thought of marriage in the v.near future!

Manc

the visa waiver is a tourist visa, you're not using it for tourist purposes, you're using it for residency purposes for half the year. that's not what it was designed for.

that's why you're getting funny looks at immigration.

meauxna

Unfortuantely, your opinion doesn't count in this regard. What you are doing is contrary to US Immigration laws, which are upheld much more strictly under the current Presidential Administration.

fyi, you may not adjust to L2 status (if it is even available to you, may not be) from the VWP. You will have to do that on one of your *stays* at *home* (don't recommend copping to living with your man in the US for the past 1.5 yes).

You can read up on L1/L2 visas at uscis.gov