My fiance is a citizen of the UK - I need help on what to do!?

Question

I am a citizen of the US and he of the UK. We want to get him over here to live permanantly. Ideally, we don't want to get married yet. However, we did a lot of searching on visas, and it seems like we're running out of options. A work visa won't work because we were told the company has to prove they can't hire someone here for the same position. He has 2 bachelors degrees...but that isn't helping.

We will do a fiance visa if that's the last resort - but is it? Any advice here would be helpful!

Answer 1

People who want to immigrate to the U.S. have 5 methods of doing so: (1) immediate family connection; (2) work offer: (3) asylum/refugee; (4) long-term hardship waiver or (5) diversity immigrant visa.

(1) Immediate family connection: USC can petition for a) spouse or fiancee; (b) child; (c) son/daughter (when child reaches age of 21 considered son/daughter; (d) siblings and (e) parents. No one else can be petitioned for.

(2) Job offer/work: (a) labor certification - that is the employer has to prove there is no US citizen available to fill that particular job position -- then the job is certified by the local Department of Labor. Once that approval comes thru, then the employer files a petition with CIS saying no USC can do this job, but this UK guy can; (b) individuals with extraordinary skills - scientists, researchers, performers, artists -- the cream of the cream.

(3) Asylum/refugee -- person has to show that going back to their home country they would suffer persecution on the basis of 5 protected grounds. Don't think UK would fit this.

(4) Long term hardship waiver - person illegally in the US for 10+ years and can prove their removal from the US would cause extreme and exceptionally unusual hardship on their USC or Lawful permanent resident immediate family members (spouse/child, etc.) Extremely difficult to get and one has to be living in the shadows for 10+ years to even be eligible to apply.

(5) Diversity visa winner. Only certain countries are eligible to "play." U.K. is NOT one of them.

As a UK citizen, he can enter the US on a visa-waiver program. Meaning he needs NO visa whatsoever, but his stay is limited to 90 days max and no extensions are allowed. If he stays past the 90 days, he is then out of status, and may lose his ability to come back again on visa waiver in the future (if US finds out he overstayed).

Also, you may try the non-immigrant visas:

Can he come study? Perhaps get a master's degree or doctorate degree? That would be F-1 visa. It is not permanent, as it only last for the duration of this status -- in other words -- good as long as he is studying and progessing throug his proposed degree. But a master's degree/ doctorate degree could easily take 2+ years.

Maybe he can come in as a non-immigrant skilled worker. He has a bachelor's degree as you mentioned. He would still have to find an employer to sponsor him, but there is NO need to show a USC can't do the job. This visa is an H-1, often used among high tech companies bringing in programmers, engineers, etc. But it can also be used in other arenas. The only requirement is that the job requires some sort of specialized skill and many jobs fit this description. The initial visa status is good for 3 years (I believe), then renewable for another 3 years, for a total max on this visa of 6 years. Then the person can exit the US for a year, and come back for another cycle of 6 years, and so on.

The only catch: there aren't enough H-1 visas for the demand, and they usually run out of them by early in the year. The "fiscal" year for visas run from October to October. So the H-1 visas usually run out by May/June. They are out of them now, people have to wait to apply until October 1 for the next batch of H-1 visas.

Answer 2

As a citizen you can sponsor him, but it would mean that you would have to assume responsibility for him (financial). Actually it's really only "half-true" that a company will only sponsor someone if there is no qualified American available for the job. Companies circumvent that rule all the time if they really want a person to work for them. It is however true if he were to apply for a job with the state or the feds where there are requirements that employees are either citizens or perm residents and some states are tightening the rules (i.e. colorado, alabama and a few others already have).
I think the fiance visa is probably your best bet. Once he's here, he should set up his own business and look for contract work while he applies for jobs.
If none of that works out, he should go to graduate school and get an educational visa.
Can't think of any other options short of marriage.

Answer 3

A fiance visa is probably the only good possibility, unless you want to go with a tourist (B) visa. The tourist visa is good for only 3 months and can be extended only one time. I don't know the timeframe for the fiance visa, but since you do intend to marry, it is probably the way you will have to go.

I guess a lot depends also on whether you intend to seek permanent residence/ citizenship for him here or whether he wants to remain a UK citizen.

Answer 4

A K1 Visa is your only legal route

Visa Journey will give you all the forms and info for free

Had to get my Fiancee here from the Philippines that way - takes six to eight months - maybe you will both be sure by then

Best Wishes

http://www.visajourney.com/forums/index.php?autocom=custom&page=k1flow

Answer 5

The best thing to do is for you to go to UK and marry him there-he'll get Green Card much faster, shouldn't take more than a year.
Good luck!

Answer 6

Well, just go to England and bring him over to apply for a u.s. citizenship as that might work. A polite question, why a visa?

Answer 7

First thing I would suggest is get him to a denist and then a speech theorpist. Most Americans cant stand the way Brits speak.

Answer 8

GET MARRIED NOW
THAT WILL GET HIM TO STAY IN THE US
GOOD LUCK
RESPECT
SHAZ