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My boyfriend/fiance is in England. My divorce is not legal for several more months so I don't think a fiance visa will work for us. How can I help him come before my divorce is final? Can he come on a visitor's visa then apply for a work visa until we can marry?
5 ANSWERS
Criminal Law Attorney serving Las Vegas, NV
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Reza Athari & Associates, PLLC
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He may come on a visa waiver program but is not allowed to stay more than 90 days nor he is allowed to work.
Answered on Jul 30th, 2011 at 7:08 AM
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Coming on a tourist visa or the visa waiver program with the intent to remain permanently will be considered immigration fraud by USCIS if they realize. This could lead to criminal charges and permanent bar from immigrating. The safest thing is to wait until your divorce is final and then apply for a fiance visa or spouse visa. However, you are going to have a heavy burden of proving the validity of the marriage. You should speak with a lawyer for help.
Answered on Jul 28th, 2011 at 8:56 AM
Intellectual Property Attorney serving Menlo Park, CA
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Sheppard Mullin
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He can come under visa waiver program if he is a UK citizen but that will allow him to stay for 90 days only. If he has a B2 visa he can come to stay for up to 6 months. If then you can marry him, you may file visa petition and he can file I-485 to adjust his status from B2 to permanent resident.
Answered on Jul 27th, 2011 at 8:34 AM
William C. Gosnell
Tourist, Work or Student Visa.
Answered on Jul 26th, 2011 at 4:26 PM
LCA Audits and Investigations Attorney serving Houston, TX
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Fong Ilagan
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If your boyfriend is a U.K. citizen, then he would not likely have a B visa. Rather, he would enter as a visa waiver, and that status cannot be changed to any employment-based nonimmigrant visa. If you think he qualifies, have the US business petition for him now and get the correct visa issued to him to enter the US.
Answered on Jul 26th, 2011 at 4:24 PM