Immigrating to USA

My boyfriend is from USA and I am from UK. We are wondering which is the best and most straightforward method of being together, i.e should he move to UK or should I move to USA. Also how long do each of us have in the other country, and, as he has proposed to me, is it easier to immigrate as a married couple to either UK or USA? I am planning a trip within the next couple of months so would appreciate any help or information. Thanks.

Start here.
It's a long process.

you need to consult an immigration lawyer

With a UK passport you can get a 90 day US Visa Waiver Program entry or you can apply for a US B-2 Tourist Visa which will give you up to 6 months.
With a US passport he will normally get 6 months in the UK.
In either case the non-citizen CANNOT work during their visit, you will also find that while you may consider being with the boy/girl friend ia great reason for visiting the other country do not expect the immigration officer to share your enthusiasm as they know from experience that hormones trump immigration law even in otherwise law-abiding people, it might be wiser to present it as a sightseeing visit.

http://britishexpats.com/forum/usa-57/

Thanks Mark, I had heard of the B-2 Visa but wasn't sure if it still existed or how long it takes to get etc. Have you any further information about that? Yes I would be going as a tourist, I previously lived in the USA and both my children were born there, although my ex husband (their father) was English, and we were living there for his work (Michelin).

If you come to the US on a fiancée visa, you must marry within 90 days of arrival. However, getting the visa can be long & complicated. Although you can visit the US while waiting approval of the fiancée or spouse visa (for example under the Visa Waiver Program), you may be held up to higher scrutiny to prove it is a temporary visit.

If you enter the US under the VWP or a B-2 tourist visa, with the clear intention of marrying and not leaving the US after the wedding (whether or not you have applied for a fiancé visa), you are guilty of visa fraud.

Many people find that an immigration attorney is helpful in getting through the visa process.

Expect the processing time for either visa to take several months, with or without an attorney.

What to Expect When Sponsoring a Fiancé or Spouse for a Green Card from Nolo Press, which specializes in legal issues. They sell a handbook about the process. If you don't want the eBook, Amazon.co.uk should have it; be sure to get the most recent one.

To get a B-2 visa you have to make the application then schedule an interview, the waiting time for an interview varies by the time of year but expect perhaps a month, if they accept the application the visa will be issued in a week or so, BUT with a UK passport you are eligible for a 90 day VWP entry without all the visa hassle so they are gong to want to know why that is not adequate, you had better have a good answer prepared.

Visa appointment wait times.
Right now, London is showing 24 days for visitor (B-2) visas, and 23 days for spouse/fiance/fiancee visas.

OK so maybe go for the VWP in the first instance, then have my boyfriend return with me to UK then take things from there. I mean we are both legit in our relationship, neither of us has bankfuls of money, although I can support myself while I am in USA. Maybe an immigration lawyer is the way forward.

#9 That sounds a reasonable way forward. Most of the other posts have been about immigration to the US for you but it is probably a lot easier for your boyfriend to immigrate to the UK, the major requirement will be that you need an income (circa £18K) to be allowed to sponsor him.

for most UK citizens, a B-2 visa is valid for multiple entry over 120 months. On each entry, you can be granted a maximum 180-day stay (not 6 calendar months). You can extend the stay, but there is a hefty fee and you must prove that you can still stay int he US without working or getting any salary or in-kind payments from a US source. (In-kind would include doing work in exchange for food & lodging.)

"I have a US citizen fiancée" would be a red flag for either a B2 or VWP entry, as that might be an indication that you will overstay.

An initial consultation with an immigration attorney, just to go over your options, might be a good idea.

If your children were born in the US, then they are probably US citizens. A US citizen who is over 21 can sponsor his/her parents to be admitted to the US as permanent residents. It's almost as much a hassle as spousal visas.

Is there any way I could extend the VWP 90 day visa or would I then be into the B-2 territory?

You cannot extend the 90 day VWP if you want longer then you need a B-2.

OK so all being well, maybe another scenario is have my boyfriend come here, I think my salary should I be successful in getting my temporary position made permanent, would be in the region of 17K to 18K, hopefully enough for me to sponsor him, then look at possibly going to USA at a later date.

#14 the current minimum income is £18600, more if he is bringing dependent children.

http://www.visajourney.com/content/guides

Look here and see what makes the most sense for you. A straightforward spousal visa doesn't really require the services of a lawyer.

Once you get married, you can apply for a Green Card (Permanent Resident) which takes a few months for the initial paperwork, and about $1200USD. Then you will have two years probation, but you will need to spend most that time in the USA, not in the UK, otherwise, they will want to know why you are not living in the USA as a resident if married to a US Citizen. The only away around the not traveling abroad too much on a Green Card is to apply for US Citizenship.

In order to get a Green Card, your husband must be able to prove he can support you. (IE: Job)

He also can apply for a Fiance Visa for you, but then entails interviews in the UK at the US Embassy.

Generally speaking, having a UK Passport is a much easier process usually, then holding a Passport from a developing country.

10 How long would my boyfriend get here without being on fiance visa?

With a US passport he will normally get 6 months in the UK.

So he doesn't need a particular visa for the 6 month visit then? I'm guessing he can't work during this time either?

A US citizen does not need a UK visa for a tourist/social visit of up to 6 months, the entry stamp will say Employment Prohibited so your guess is correct. If he is planning on staying they full 6 months the UKBA may well ask how he is going to support himself during his stay without working, the people to whom this question comes as a big surprise are often those that get denied entry so you need to think about the answer before he arrives in the UK.

Well I have my own flat and job which is enough to support both of us...am hoping that by the time he gets here in a few months that my salary will be more too plus we are hoping he can save enough to have some money of his own too

While you believe that your flat and job means that you could support the both of you, look again at #3 as the Immigration Officer is going to think that if you are going out to work every day, what is your boyfriend going to do, perhaps he is going to be thinking of going out to work too? It would certainly help his entry if he had some money of his own and ideas on places that might be visiting together which sounds a lot more convincing that saying that he is going to sit and watch daytime TV in your flat for six months, while you are at work.

Have just been talking with him and yes he is looking at a 4 month timescale to try and save as much as possible, and yes we will be going all over the place showing him all the sights and scenery, may even make a trip to northern ireland to see my grandkids and do some touring in england too.

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