Q: Which visa should my boyfriend (UK citizen) apply for so that he can temp stay with me (US citizen) before marriage?
Currently he works remote in the UK but is leaving his job, and I work full time in the USA and my job is the higher earner. We have been together for a long time LDR and occasional visits with ETSA, and we are ready to live together and start our futures. My company is international, however I was told that getting a work visa or transfer was very difficult if I was not a citizen of that country. We intend on getting engaged, then married, and moving to the UK at some point after (and hopefully stay with my company if not then I can find a job in my field once I am a UK resident). Neither of us are opposed to staying in the USA we just want to start our future. We are unsure which visa is the correct route so that we can at least be together for longer than the current 90 days that the ETSA allow. I was informed that B1/B2 would see this as fraudulent. Would a K-1 visa be appropriate for us? Thank you.
A:
Given your situation and intentions, the K-1 visa, commonly referred to as the fiancé(e) visa, might indeed be the most appropriate route for your boyfriend to temporarily stay in the U.S. before you get married. The K-1 visa allows the fiancé(e) of a U.S. citizen to enter the United States for a period of 90 days, during which the couple must marry. After marriage, the non-U.S. citizen can apply for adjustment of status to become a lawful permanent resident (LPR).
Applying for a B1/B2 visa with the intent to marry and adjust status could be viewed as misrepresentation by U.S. immigration authorities, as the B1/B2 visa is intended for temporary business or tourism visits, not for permanent relocation or immigration.
It's essential to start the K-1 visa process by filing Form I-129F, Petition for Alien Fiancé(e), with U.S. Citizenship and Immigration Services (USCIS). This process involves proving the legitimacy of your relationship, meeting income requirements, and undergoing various checks and interviews.
Considering your future plans to move to the UK, it would also be wise to consult with an immigration attorney. An attorney can provide guidance on the K-1 visa process and advise on how this decision might impact your eventual move to the UK and any visa requirements you might face there.
Given the complexities of immigration law and the importance of ensuring compliance with all legal requirements, professional legal advice is invaluable in navigating this process smoothly and efficiently.
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