UK to US Visa Questions

[someonelucky90]

Hello. I have a few questions regarding visas and moving to the US.

My boyfriend lives in England and I'm a US natural-born citizen. He has tried countless times to get a job transfer visa, but from the looks of it it does not look easy or feasible. So our only option for now is (or seems to be) visitation; however, visitation will be quite expensive in the long run.

Now our plan is for him to apply for a tourist visa (which I believe lasts six months) and live with me and once that visa is up he'll return to England (or peition a tourist visa extension) and then once a full year is up, I'll petition him for a fiance visa. Here are my main questions:

-During the fiance visa petition can he still come into the US to visit (vice versa)?
-Does he have to prove a specific amount of monetary funds for a fiance visa?
-Will he be able to apply for any US job after the fiance visa has been officially processed?
-Since the process usually takes around 6 months, am I able to petition him for a fiance visa while he is here living with me in the US on a tourist visa?

I want to go through this process legally and smoothly.

Does anyone have any input on this or have any other ideas or options to go forth with?

Thanks! I appreciate your responses very much!

[peace999]

If he is a UK citizen , he can use his visa-free visit privilege ( 90 days every visit) to visit you.
Applying for a tourist B2 visa, success is never guaranteed, and if it is denied , one won't be able to use one's 90 day visa-free privilege again.
For a tourist B2 visa, one needs to show an intent to return home and to show why he needs a visa when he can stay visa-free
for 90 days.And when he says he wants to live with his US citizen GF for an extended period, that in itself will imply an immigrant intent and a sure denial of tourist B2.

About your qs on fiancee ( K1) visa;
You can file a K1 petition for him while he is in US, but the K1 visa cannot be obtained while in US. It will be processed at US embassy in UK and
he will have to be in UK to complete the process. If he already has a tourist visa at the time of K1 stamping, that will be cancelled.
With a K1 visa, he will get a single entry to US and a 90 day stay to get married. Once you guya get married during those 90 days , he can file for an AOS ( adjustment of
status from K1 to green card) . During that process, he can apply for an employment autorization (EAD) which will allow him to work till he gets his green card.


I strongly recommend you read the fiancee visa ( K1) Page on TRAVEL.STATE.GOV
It is a US govt website, that explains everything very nicely.

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[someonelucky90]

If he is a UK citizen , he can use his visa-free visit privilege ( 90 days every visit) to visit you.
Applying for a tourist B2 visa, success is never guaranteed, and if it is denied , one won't be able to use one's 90 day visa-free privilege again.
For a tourist B2 visa, one needs to show an intent to return home and to show why he needs a visa when he can stay visa-free
for 90 days.And when he says he wants to live with his US citizen GF for an extended period, that in itself will imply an immigrant intent and a sure denial of tourist B2.
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Wouldn't he be able to make the point that the tourist visa is for a 6-month family visitation? After all, it does state that on the government website, am I correct?

Can the VWP keep being renewed more than once a year? Hence, he stays for three months, goes home, and then returns to the US after a month of being back in the UK? Is this possible?

Also, I heard that it is possible to just marry at one point while he's here and then able to make a spousal petition for him...obviously with showing proof that he has a return flight back to the UK with no immediate intent to remain in the US.

[peace999]

For a visitor visa, he needs to show ties in UK -- mainly stable work and income. If he requests 6 months for a family visit, they will ask him how he can afford to
be away from work for so long.

Does he have any relatives in US? who ? and on what visas?

VWP - you can't just keep coming back with short intervals between two visits. A couple of visits later, they can stop you and send you back.
Safe period between two visits should be at least 3 months and more for the third and later visits.

Yes, he can change to green card if he gets married to you while he is in US on VWP. People do it all the time but there is a definite risk of being pinned down with a misrepresentation clause;
"he entered as a visitor but actually had an intent to get married and change to green card."

The correct ways to do it are ; 1) through K1 fiancee visa or 2) spousal ( immigrant visa - CR-1). Immigrant visa means you both get married
when he is in US on a VWP or you are in UK. Then, he returns to UK if you both married in US or you return to US if the marriage took place in UK.
Then you file an I-130 for him with USCIS in US. They send the petition to US embassy in UK and he gets an immigrant visa .
Then he enters US on that visa and automatically gets a green card in the mail a few weeks later.