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fluffy79
Newly Registered
Posts: 3
Joined: Mon May 12, 2008 11:23 am

Help needed!

Post by fluffy79 » Mon May 12, 2008 12:03 pm

Hi,
I just wanted a bit of help & advice as I am finding the whole US immigration subject quite a minefield!
My current situation is that I am English, I live in the UK at the moment with my boyfriend who has dual nationality - US & UK. His parents moved to the US about 2 years ago and now we have decided we want to move over there.
I have no US relatives and we are not married. I have deducted that it is going to be very hard for me to get a visa!
I am aware I can go on a 90 day tourist visa but then will have to leave the country. Is there any restrictions to where I have to go to renew my 90 day visa? ie. can I go to Mexico on a day trip & automatically get another 90 days or do I have to go back to the UK? (I am aware I have to have an outbound ticket for somewhere). Also is there any restrictions to how long I have to be out of the country for before I can get another 90 days?

In the long run I will want to work as I will no doubt get bored (& poor) not doing anything. Is the best bet to get married? Would I have to leave the US in order to apply for the spouse visa or can I get a fiancee visa and then change the status when we are married?
Sorry for all the questions! I hope someone can help. :D
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sakura
Diamond Member
Posts: 1789
Joined: Sun Feb 25, 2007 9:29 pm
Location: UK

Post by sakura » Mon May 12, 2008 5:14 pm

US immigration rules are very tough about the 90 day requirement:

http://www.usembassy.org.uk/cons_new/fa ... a_niv.html

http://britishexpats.com/forum/showthread.php?t=517938

Going to Mexico or Canada, therefore, won't give you another 90 day period. You shouldn't attempt to extend your stay by crossing the border -you could be refused entry to Mexico or Canada, for example, or refused entry back to the US - and that would be a black mark on any future US applications.

Your best option would be to get married and apply for a spouse visa:
http://www.immigrationboards.com/viewto ... ight=marry
If you are highly skilled you can also opt for a work based visa.
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fluffy79
Newly Registered
Posts: 3
Joined: Mon May 12, 2008 11:23 am

Post by fluffy79 » Tue May 13, 2008 4:00 pm

Thanks for the advice.

Thanks for the other links - they were really useful.
Is there any laws about how long you would have to remain outside of the US for before you can go back in on the VWP? From some of the posts on other forums it seems you need to leave the US for aslong as you were there. Is this right?

Also am I right in saying:
If I went on the VWP and decided to get married would I have to leave after my 90 days and wait till my spouse visa came through before I could go back?
If I applied for a finacee visa in UK, once I got that go to USA, get married within 90 days and then whilst I was waiting for spouse visa I CAN stay in USA?

I have also heard about getting the AOS if we got married under the VWP, does the change of status give you a spouse visa? I heard you cant leave the US whilst you are waiting for it tho?
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