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  #1  
Old 29th May 2009, 04:10 PM
Nightkd Nightkd is offline
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Eligibility for Green Card - Without being married/employed.

Is it possible to get a Green Card without being married/being sponsored by an employer. If my fiancé were to sponsor me?
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  #2  
Old 29th May 2009, 04:17 PM
MOM1211 MOM1211 is offline
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If your fiance sponsored you, then it would be a fiance visa, and you'd need to marry within 90 days of your arrival in the US or leave.
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  #3  
Old 29th May 2009, 04:19 PM
Jackolantern Jackolantern is offline
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Other ways include sponsorship by a sibling, parent, or child. And if you're feeling lucky, there is the diversity lottery. But for that lottery, you have to be from a country that does not have a high rate of immigration to the US (there is a list of which countries are disqualified), and only 50,000 people are accepted each year out of the millions who apply.
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  #4  
Old 29th May 2009, 05:15 PM
Nightkd Nightkd is offline
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Thanks for your replies.

That's what I'm saying, I don't want to get married yet. Is there no way to get a longer term visa without lying on a visitors (eg I intend to stay here) or getting married?

I don't qualify for the lottery unfortunately.
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  #5  
Old 29th May 2009, 05:31 PM
TheRealCanadian TheRealCanadian is offline
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Quote:
Originally Posted by Nightkd View Post
That's what I'm saying, I don't want to get married yet. Is there no way to get a longer term visa without lying on a visitors (eg I intend to stay here) or getting married?
Nope.
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PD: 9/12/2000 (EB3/VA/RIR/Canada)
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  #6  
Old 29th May 2009, 05:37 PM
Jackolantern Jackolantern is offline
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Student visa is another possibility. That would give you a few years to decide if you really want to get married and want to live in the US.
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I am a layman, not a lawyer. What I write here is not official or professional legal advice. In addition, my answers on this forum are specific to the scenarios discussed in each thread and should not be generalized to other situations.
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  #7  
Old 30th May 2009, 11:29 AM
Triple Citizen Triple Citizen is offline
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Where were you born?

Quote:
Originally Posted by Nightkd View Post
I don't qualify for the lottery unfortunately.
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**NOTE**
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  #8  
Old 30th May 2009, 02:40 PM
Nightkd Nightkd is offline
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Born in the UK.

I don't want to study....

Seems kinda silly they don't have a longer term Visa without getting hitched. I take it my dad's Uncle won't count as a close enough family relative to sponsor me? Even though he immigrated with his amazing qualifications and has a respectable place in society over here now?

Meh.
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  #9  
Old 30th May 2009, 03:41 PM
MOM1211 MOM1211 is offline
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Where you are in society doesn't matter. If it did, they wouldn't have even interviewed me because of my father in law.

And no, there is no other option.

Quote:
Originally Posted by Nightkd View Post
Born in the UK.

I don't want to study....

Seems kinda silly they don't have a longer term Visa without getting hitched. I take it my dad's Uncle won't count as a close enough family relative to sponsor me? Even though he immigrated with his amazing qualifications and has a respectable place in society over here now?

Meh.
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  #10  
Old 30th May 2009, 07:26 PM
BornintheRSA BornintheRSA is offline
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So you don't want to get married, work or study?
What exactly do you want to do?

If you're really rich you could get an investment visa :P

If you're young enough you could get an exchange visa (J1).
THIS is short term but at least you can work legally.

Or THIS
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  #11  
Old 30th May 2009, 09:12 PM
Jackolantern Jackolantern is offline
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Quote:
Originally Posted by Nightkd View Post
I don't want to study....

Seems kinda silly they don't have a longer term Visa without getting hitched.
It's not silly, it's sensible. You expect them to grant a multi-year stay to an adult who is neither going to study nor work, and isn't marrying a US citizen or resident?

How long do you want to stay? You can get up to 6 months with a tourist visa.
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I am a layman, not a lawyer. What I write here is not official or professional legal advice. In addition, my answers on this forum are specific to the scenarios discussed in each thread and should not be generalized to other situations.
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  #12  
Old 31st May 2009, 12:00 AM
Nightkd Nightkd is offline
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I'm actually trying to figure out what's going on, seen as I'd found all this out, but my partner seems to think there IS another way without the marriage/employer sponsorship route. Hmm, seems I was right.

I want to work from home - it's just not a desperate thing as my partner earns enough to support us both & more. I want to live with my partner and I'd basically be looking after his house while he's at work, then eventually raising his kids if all goes to plan. That's what I want to do.

I'd rather not have to worry about HAVING to leave, but hey ho. I'd also quite like to be able to drive etc here. Hmm. So, 6 month Visa, how long does that take to come through? And where would I have to be to apply? - Eg US (on VWP currently, I know it can't be extended, but applying for the 6 month???) or UK?

Last edited by Nightkd; 31st May 2009 at 12:02 AM.
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  #13  
Old 31st May 2009, 12:39 AM
Nightkd Nightkd is offline
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Quote:
Originally Posted by Jackolantern View Post
It's not silly, it's sensible. You expect them to grant a multi-year stay to an adult who is neither going to study nor work, and isn't marrying a US citizen or resident?
I just wanted to quote this bit as I said almost the exact same to my partner in the car today... His reply "So you're saying that people don't come over here and just decide to stay? They HAVE to get married? And I mean, not everyone has a job to go to...."

Last edited by Nightkd; 31st May 2009 at 12:57 AM.
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  #14  
Old 31st May 2009, 01:35 AM
TheRealCanadian TheRealCanadian is offline
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Quote:
Originally Posted by Nightkd View Post
I want to work from home - it's just not a desperate thing as my partner earns enough to support us both & more. I want to live with my partner and I'd basically be looking after his house while he's at work, then eventually raising his kids if all goes to plan. That's what I want to do.
Then marry him.

Quote:
So, 6 month Visa, how long does that take to come through? And where would I have to be to apply? - Eg US (on VWP currently, I know it can't be extended, but applying for the 6 month???) or UK?
You need to return to the US and apply for a B visa. The only way to stay beyond your 90 days is to get married.
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PD: 9/12/2000 (EB3/VA/RIR/Canada)
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  #15  
Old 31st May 2009, 03:05 AM
Nightkd Nightkd is offline
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Originally Posted by TheRealCanadian View Post
Then marry him.



You need to return to the US and apply for a B visa. The only way to stay beyond your 90 days is to get married.
If he was ready - worried about upsetting his parents more than anything - I would. Just to be his Mrs if nothing else....

I need to return to the US?????

I don't intend to stay beyond my 90 days if you're talking about the VWP. I'm talking about applying for the B2 Visa and while waiting for that, can I still travel on the VWP? Eg sticking to the terms of the VWP - making sure I return to the UK within the 90 days before going back to the US (if they let me) - am I able to do that while they're processing the B2 request?
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  #16  
Old 31st May 2009, 06:17 AM
Jackolantern Jackolantern is offline
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You can get a B2 visa within a week, but you'll need to do it outside the US. Make the appointment (if walk-ins are not allowed), pay the fee, bring the application form and documentation of your ties to the UK, they'll interview you, and you'll get your passport back in a few days, with or without the visa depending on whether you were approved. Look up the details on the consulate's web site for the UK or call them.

Just be aware that if you use the visa within a month or two after returning from a 90-day VWP trip, that lowers your chances of getting a 6 month stay granted. They generally don't want you to spend more than a total of 6 months as a visitor within any 12-month period.
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I am a layman, not a lawyer. What I write here is not official or professional legal advice. In addition, my answers on this forum are specific to the scenarios discussed in each thread and should not be generalized to other situations.
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  #17  
Old 31st May 2009, 06:19 AM
Jackolantern Jackolantern is offline
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Quote:
Originally Posted by Nightkd View Post
I just wanted to quote this bit as I said almost the exact same to my partner in the car today... His reply "So you're saying that people don't come over here and just decide to stay? They HAVE to get married? And I mean, not everyone has a job to go to...."
Well, there are people who just go to the US and decide to stay without getting married or getting a work visa ... but they do it illegally and have to live with the risks and consequences of doing that.

Most Americans have no idea how restrictive their own country's immigration policy is.
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I am a layman, not a lawyer. What I write here is not official or professional legal advice. In addition, my answers on this forum are specific to the scenarios discussed in each thread and should not be generalized to other situations.

Last edited by Jackolantern; 31st May 2009 at 06:25 AM.
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  #18  
Old 31st May 2009, 09:46 AM
BornintheRSA BornintheRSA is offline
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Quote:
Originally Posted by Jackolantern View Post
Well, there are people who just go to the US and decide to stay without getting married or getting a work visa ... but they do it illegally and have to live with the risks and consequences of doing that.

Most Americans have no idea how restrictive their own country's immigration policy is.
You're absolutely right.
After staying here for 6 months on a B2 visa I was gonna go home and apply for a Fiance visa then come back and get married within the 90 days.
My hubby just said "No. There won't be any problem as long as we get married before your 6 months are up."
I tried to explain that being married doesn't make me legal.
He just didn't get it.

On another note... He doesn't want to marry you coz he doesn't want to upset his parents? Seriously lame excuse.
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03/30/2009: RFE received for full birth certificate
04/15/2009: Biometrics Done
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06/15/2009: Received EAD in mail

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  #19  
Old 31st May 2009, 05:03 PM
Nightkd Nightkd is offline
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Thank you all, there's some really useful info there.

Quote:
Originally Posted by BornintheRSA View Post
You're absolutely right.
After staying here for 6 months on a B2 visa I was gonna go home and apply for a Fiance visa then come back and get married within the 90 days.
My hubby just said "No. There won't be any problem as long as we get married before your 6 months are up."
I tried to explain that being married doesn't make me legal.
He just didn't get it.

On another note... He doesn't want to marry you coz he doesn't want to upset his parents? Seriously lame excuse.
Yeah, I told him the US doesn't want people like me just to come here and stay without having strong family ties (eg being married to him) or giving something back - eg having specific experience/qualifications etc for a job. He just keeps saying "There must be a way for you to just stay..."

Basically; what I've said is, we could get married, sort out the green card etc, pay all the expenses for that, then in a year or two (when we've got enough money saved) have two ceremonies to celebrate - one for his parents in the US and one for mine in the UK - maybe a renewal of vows or something. He's just worried his parents will be upset they're missing out on the 'main event' as it were - not like mine are 4000 miles away!!! Bah.

Last edited by Nightkd; 31st May 2009 at 05:16 PM.
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  #20  
Old 31st May 2009, 06:34 PM
chloeguo chloeguo is offline
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If being engaged forever can grant you a green card. It's just too easy and there wouldn't be illegal immigrants in this country.
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  #21  
Old 1st June 2009, 10:47 AM
BornintheRSA BornintheRSA is offline
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Quote:
Originally Posted by Nightkd View Post
Basically; what I've said is, we could get married, sort out the green card etc, pay all the expenses for that, then in a year or two (when we've got enough money saved) have two ceremonies to celebrate - one for his parents in the US and one for mine in the UK - maybe a renewal of vows or something. He's just worried his parents will be upset they're missing out on the 'main event' as it were - not like mine are 4000 miles away!!! Bah.
One problem with that is immigration wants to see photos of your wedding at the green card interview.

You can't force someone to marry you.
You need to find another way.
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03/30/2009: RFE received for full birth certificate
04/15/2009: Biometrics Done
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  #22  
Old 1st June 2009, 11:53 AM
Jackolantern Jackolantern is offline
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Originally Posted by BornintheRSA View Post
On another note... He doesn't want to marry you coz he doesn't want to upset his parents? Seriously lame excuse.
It's an encoded way of saying he's not ready to get married, period.
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I am a layman, not a lawyer. What I write here is not official or professional legal advice. In addition, my answers on this forum are specific to the scenarios discussed in each thread and should not be generalized to other situations.
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  #23  
Old 1st June 2009, 06:12 PM
BornintheRSA BornintheRSA is offline
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Quote:
Originally Posted by Jackolantern View Post
It's an encoded way of saying he's not ready to get married, period.
Exactly why I said that !!!
He could have come up with a better one !!!
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03/30/2009: RFE received for full birth certificate
04/15/2009: Biometrics Done
05/12/2009: RFE mailed
06/15/2009: Received EAD in mail

08/27/2009: Interview with no answer !!
08/28/2009: Card production ordered.. woohooo...
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  #24  
Old 1st June 2009, 08:59 PM
wifey246 wifey246 is offline
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Quote:
Originally Posted by Nightkd View Post
Thank you all, there's some really useful info there.



Yeah, I told him the US doesn't want people like me just to come here and stay without having strong family ties (eg being married to him) or giving something back - eg having specific experience/qualifications etc for a job. He just keeps saying "There must be a way for you to just stay..."
"There must be a way.. " ... but shouldn't HE be the one trying to find that way? He's the one inviting you to stay in his country, then he should find ways for you to stay here legally. Let him do the work. It will do him some good to get educated with US immigration.
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  #25  
Old 2nd June 2009, 11:15 AM
Nightkd Nightkd is offline
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Originally Posted by wifey246 View Post
"There must be a way.. " ... but shouldn't HE be the one trying to find that way? He's the one inviting you to stay in his country, then he should find ways for you to stay here legally. Let him do the work. It will do him some good to get educated with US immigration.
I know. That's why I got pissy with him the other day, I was the one doing all the work, finding all the info and he was telling me I was wrong and that I was missing something - FIND IT THEN!!!!

Well he's done some research now, found out I was right all along and stopped spouting BS!

Quote:
Originally Posted by Jackolantern View Post
It's an encoded way of saying he's not ready to get married, period.
Lol! Any normal guy, I'd agree. He's different though... There were other reasons too. He proposed yesterday... Couple of nights ago said he had some thinking to do and got over-excited and asked if I wanted to get married...while we were sat in the car park of the Hobby shop...Nice! Lol! But I'm not fussy...

We'll have wedding pictures and I'm starting to put together a wedding scrapbook, which if they want to see - it'll at least show we prepared and didn't do it 'spur of the moment'.

Soo....have another question now, Fiancé Visas - is it possible to process that while I'm in this country? I'm still going home at the end of the 90 days for my VWP....because HE needs to apply for that (as I understand it) does it matter where I am?
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  #26  
Old 2nd June 2009, 11:22 AM
Jackolantern Jackolantern is offline
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Originally Posted by Nightkd View Post
Soo....have another question now, Fiancé Visas - is it possible to process that while I'm in this country?
The application can be filed when you are still in the US, but you need to be at the consulate in your country when it is time for the interview and other formalities.
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  #27  
Old 2nd June 2009, 11:23 AM
Nightkd Nightkd is offline
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The application can be filed when you are still in the US, but you need to be at the consulate in your country when it is time for the interview and other formalities.
Okay. We weren't sure about interviews etc... Will they issue an interview date or can we request one?
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  #28  
Old 2nd June 2009, 11:40 AM
Jackolantern Jackolantern is offline
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Okay. We weren't sure about interviews etc... Will they issue an interview date or can we request one?
I'm not exactly sure ... if it works like other nonimmigrant visas, once the I-129F petition is approved you would contact the consulate yourself to make an appointment using whatever appointment-scheduling procedures they have in your country (possibly online). Then on the interview date you'd take the I-129F approval notice, your passport, and other supporting documentation.
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  #29  
Old 2nd June 2009, 11:56 AM
Nightkd Nightkd is offline
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Okay. Thanks. I've been reading up and it says it could take a few months, do you think I'm better off staying in the UK for the entirety of the process or is it feasible to go back to the US and go home to UK whenever I'm required?...
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  #30  
Old 2nd June 2009, 12:00 PM
Triple Citizen Triple Citizen is offline
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I would personally stay put in the UK.

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Originally Posted by Nightkd View Post
Okay. Thanks. I've been reading up and it says it could take a few months, do you think I'm better off staying in the UK for the entirety of the process or is it feasible to go back to the US and go home to UK whenever I'm required?...
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**NOTE**
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