UK guest staying in my house...permanently. But is tourist now. Questions? (marriage, uscis)

[xlroadster]

Hello all,

I have quite the scenario in my house. My SO's niece is living with us (19) and now has her boyfriend living with us. He is from the UK.

They have visited each other previously and he is currently here on a tourist visa. I don't know how long it is good for, but I assume it would be for up to six months.

Their plan is to get him to change his status before his visa expires. And to give us the impression that he will pull his weight around here, he would attempt to get his status changed from a Tourist to a Work visa.

Last time I checked, he needed to be sponsored by an employer in order to get this. And even then, the employer has to be sure that he possess the skill sets to do the job that NO domestic employee can do. Correct me if I'm wrong.

School is out, since he doesn't have the financial backing to attend.

The scenario we (SO and I) would like to prevent is for the niece and BF to get married. I remember reading somewhere that the Fiancee visa would only be granted IF niece and BF didn't know each other prior to coming here as a tourist. Again, correct me if I'm wrong.

I'm trying to figure if he would be able to stay here permanently without needing to first to go back to the UK and then apply for a change of status with the Embassy in London.

As he is a young man with limited funds, I think he purchased a one way ticket to come here. So essentially that would be coming here under false pretenses, since he did, after all, come in as a "Tourist".

I don't really know if a question can be gathered from this, but I would like to know if he can find work since he is here in the USA now, or would we have to resign to the fact that in order for him to stay here permanently, he would have to marry the niece?

Thanks in advance and I apologize if I am not being clear!

[STT Resident]

First, this link will give you all the information you're looking for:

USCIS Home Page

No, he cannot get a working visa unless he's sponsored by a US employer and has some spectacular qualifications which no US citizens possess. The fiancée visa doesn't allow him to work. Even if the couple marries, obtaining a GC through marriage (and thus be legally employable) is a long drawn out process which sometimes takes years.

If he fails to leave when his tourist visa expires he'll be in big trouble. Any attempt to cross over borders will result in his detention, he'll end up being deported and will be banned from coming into the US for ten years.

I suggest you direct them to the USCIS website and that they read it diligently. They're obviously sadly misinformed about the immigration process. Love sometimes conquers all but in this case those rose-colored glasses are going to be very fogged up once they realize what's ahead. Hope that helps! By the way, is the BF paying for his upkeep while staying with you?

[Penguin_ie]

If he is from the UK he is likely here on the Visa Waiver Program, not a tourist visa, and the VWP is only good for 90 days.

[Threestep2]

Marriage and immigration are two cups of tea. They can get married as long as they are of age and there is nothing you can do about it.
When it comes to K1 Fiance Visa - who will be the sponsor financially able and willing to sign a document agreeing to be financially responsible for the young man for up to ten years?
As already posted - VWP is good for up to 90 days. Overstay of 180 to 365 days is generally a non-entry of three years; over a year ten years. There is the option for them to file Adjustment of Status with an overstay and it is generally granted.
Unless he has at least a Bachelors and work experience he does not have to hope for a US employer sponsored visa.
Explain to the young lady that harboring an illegial immigrant (which he will be on day 91) can get her into trouble with the law and this will carry through her whole life from credit cards to employment.
Make sure he is on a plane in time. Distance may cool some heels.

[jons_wifey]

oh dear. the things youngerns do for LOVE

[xlroadster]

Thanks for the responses so far. I spent last night with my SO to discuss the whole situation and how it doesn't sit well with me. My reasoning was that I didn't think the niece and her BF were being honest about the kind of visa he received, since the following process didn't coincide with someone who would come in on a Tourist Visa.

We think he came in on a Fiancee visa, since some months ago niece asked SO if she could fill out some kind of "Financial Responsibility" form (SO declined). Also, three months ago niece received a piece of mail from USCIS and said her "petition" was approved.

But wait, doesn't a person arriving on a Tourist Visa NOT need a petitioner?

Niece and her BF are currently traveling around the midwest this week since it's spring break for her. They return on Wednesday, and I'd like to give them the benefit of the doubt of being honest, so am I out of line by asking to see his passport once he comes home? (my reason for this is that I read the Visa is affixed to the passport).

[jons_wifey]

sure, see what the stamp says in his pp.
yes applying for a Fiancee visa requires you to show some proof of finance, and i think if one does not have enough in their account etc.... then they can I ask for a co-sponsor
and you know her petition got approveD? did you read the letter from USCIS that said she had been approved?

So in case her or their petition of a fiance visa (K1) got approved then I think within 90 days of the bf landing they will have to get married.

Here is a link about going the K1 route:

USCIS - Fiancé(e) Visa


Then once they get Married (are you okay with this?), he applies for AOS (Adjustment of Status) to get the GC which includes having an interview with the Immigration Office.

Coming from the UK myself with a British passport, you don't need a tourist visa. You can travel under the Visa Waiver Program (VWP) with ESTA for up to 90 days, not 3 months, 90 days.

When did the boy arrive? do you know?

[xlroadster]

BF (we'll call him "Mike") arrived two weeks ago. Niece ("Melissa") picked him up from JFK.

SO and I are NOT okay with them getting married and I said that I would force them to move out if they decided on this. Because since she is making "grown-up" decisions...it's time she experienced life as a "grown-up".

We are in her bedroom now looking for the letter, but they probably took it with them knowing that we will snoop around their property. Why not? If you don't pay rent in my house, you have no expectation of privacy.

[STT Resident]

If your niece is of age then there's really nothing you can do. What do her parents have to say? You don't have any right at all to ask to see the boyfriend's passport. You do have a right to ask them what their plans are and you certainly have a right to read up on the USCIS website exactly what a fiancé visa entails. If they choose not to tell you what's going on there's not much you can do but you can always tell them to leave and find their own place. You can be of help to them without enabling them. Since she's still in college how on earth is she going to support both herself and him? Good luck.

PS: Just read your latest update. Please don't snoop. Wait till they come back and ASK. Even guests have an expectation of privacy and snooping is just plain wrong particularly under these circumstances when you're not exactly suspicious about illegal firearms and drugs. Stay out of their space!

[xlroadster]

SO legally adopted her when she was three because the parents aren't around...so essentially she is her daughter.

Okay, I won't snoop around. But I do expect some kind of honesty when I could have easily asked Mike to stay at a hotel when he arrived.