Michael-B

Hello all,

I'm typically active on the Canadian forum but have some questions about US immigration. I've done some research online but have found outdated and inconsistent information so would really appreciate the thoughts of those that have been through or are going through the same process.

I'm sure posts have already been written on each of these topics, so any links to other forum areas or direct answers would be great. I'm a UK citizen currently living in Canada as a PR. I'm engaged and soon to marry a US citizen and plan to move to the US in the next year or so. My questions are as follows:

- Timeframe for receiving a US greencard after we marry
- Timeframe for receiving a work permit after getting greencard
- Timeframe for becoming a US citizen (I believe its 5 years, is that correct?)
- Timeframe after becoming a citizen to get immediate relative (parents) a greencard

I'm sure it's a long road but any idea on ballparks for the above would be amazing!

Thannks very much,

Michael

ian-mstm

It's all in our Wiki.


That depends on whether you marry before or after you enter the US.


Thanks for the chuckle... read the wiki and discover why!


If you're married to a USC, 3 years after becoming a PR.


You can apply later that same day!

Ian

meauxna

lol, not only 'posts written' but an entire forum devoted to the marriage based immigration options. I moved your thread there.

Wow, tiring to even think where to start with your list.. it's too much. There are several wiki entries posted at the top of the page.. you need to figure out which visa you are going to apply for and how you want to immigrate before getting into the 'how long' for everything.

But, if you and they can afford it, it will be 5-6 years before your parents can move here. Most people from the UK choose not to migrate their parents because of the cost of health insurance.


Getting married does nothing automatic for your immigration, and it is illegal for you to move to the US in advance of having the correct visa.
So your first job is to determine which is the correct visa for your situation.

Noorah101

Depends on when you plan to marry and what type of visa you plan to apply for.

Again, depends.

If still married to your USC spouse, and you meet all the other qualifications in the USCIS Guide to Naturalization, you can apply for naturalization 3 years after becoming a US PR.

After you become a USC, you can file an I-130 for each parent. It should take less than a year for them to get an Immigrant Visa.

Please have a look at this article in the Wiki, and let us know which visa YOU decide to apply for, then we can be more specific: http://britishexpats.com/wiki/Compar...ge-based_visas

Rene

Michael-B

Thanks for the quick responses everyone. The K-1 probably looks like the best bet. If so, would I have to apply for a work permit to be eligble to earn a living here?

Great to hear the I-130 could take less than a year, but high costs were mentioned above. Is this more related to the health insurance comment, or are there high fees to get the I-130 through?

meauxna

The I-130 is the petition for an Immediate Relative; its cost is fixed. The immigration itself doesn't cost anything additional than it would for any immigrant.

However, you need to get a crash course on the US health insurance market, which is not a debate for this forum, but there is a ton of threads in the USA forum about it.
Individuals, buying their own insurance on the open market (not in an employer plan) can pay a couple thousand $ each in premiums.



If you use the k-1 visa, and I'm not sure why you would given your locations, there is a delay of, in practical terms, 5 or 6 months where you will not have work permission. Do you have a job waiting for you here?

Noorah101

Just out of curiousity, why? What is your reasoning?

"Here" being the USA? Are you in side the USA now?

To answer your question, yes. If you go via the K-1 route, you cannot work until you have an EAD (employment authorization document) in hand, which takes about 90 days to receive, AFTER filing AOS (adjustment of status), AFTER you get married, AFTER you arrive on the K-1. (I thought this was mentioned in the Wiki link I provided...?)

The high cost is regarding US health insurance.

Rene

Michael-B

No job waiting for me yet but still thinking things through (I work for a Canadian company thinking of expanding to the US). Why would you not recommend the K-1, interested on your perspective, not entirely sure of the differences between the marriage based visas, even after reading the wiki. I'm looking for the one that would allow me to work after the shortest time in the US

Noorah101

The one that allows you to work immediately in the USA is the "other" one (the Immigrant Visa for spouse). With the Immigrant Visa, you become a US PR as soon as you enter the USA, with full rights to live and work in the USA from Day 1. That is why many people consider it to be far better than the K-1. Of course, not everyone's case is different, and the Immigrant Visa might NOT be the best one for YOUR scenario...but if it's only a matter of wanting to work right away after immigrating, then the Immigrant Visa is the one you want.

You have to be married first, before the process can be started.

Rene

ian-mstm

Really? It's pretty straight forward! http://britishexpats.com/wiki/Compar...ge-based_visas.

Ian

meauxna

If you pursue the Immigrant Visa, you become a Permanent Resident (green card) at entry. Since the wait for the visas is virtually equal, and you have the proximity to marry fairly quickly, the IV is the quickest way to become work eligible AND a PR in the US. It's a little easier to manage that process on one's own schedule; the K-1 has several limitations.

Just my gut reaction from having to choose myself, and watching the stories that pass through here.

randomgirl

Everybody is right when they say that the spouse visa is more appropriate if you want to work as soon as you arrive. I did the K-1 route and I didn't receive my work authorization (EAD) until 5 months after I arrived. That could have been quicker but we didn't get married until 6 weeks after I arrived (we'd booked the wedding a few months before that) and then it was another month before we filed for my AOS.
Even if you do the K-1 and get married within a few days of your arrival, then file AOS very quickly, it's still likely to be 90 days from filing until you receive your EAD. So, if work is important to you, you're better off getting married first and then filing for the immigrant visa.

CAdreaming

+1
After going down the K1 route if I had to do it all again I would probably go down the IV route....but hindsight is a wonderful thing

Michael-B

Great information much appreciated thanks. When you say "IV" or other visa, what's the full name of it?

To give more information on the situation, I live in Toronto and my USC finance is based in Philadelphia but staffed on a consulting engagement in Toronto (starting 12 months ago, ending Jan 2012). We were planning on marrying in December this year but have decided to bring everything forward for family reasons. Given we're both currently out of the country, could we go for the CR-1/IR-1 (both parties outside the country)? If so, the wait time is stated as 3-5months on the wiki, so would I have to stay in Canada for 3-5months after we marry before entering the US or could I technically enter on my ESTA, wait for the green card to be granted, then do a boarder crossing (at Buffalo NY for example) to re-enter on the greecard visa?

CAdreaming

[QUOTE=Michael-B;9189209]Great information much appreciated thanks. When you say "IV" or other visa, what's the full name of it?

Immigrant Visa - where you are married first then file for the visa as opposed to the K1 Fiance Visa where you file for the visa then have 90 days in which to marry once you enter the USA. You then on the K1 apply to adjust your status which can take c90 days during which time one cannot work as per other posts here.