SM1987

My fiancée is a green card holder and I am a UK citizen. We plan on getting married at the end of this year. I wanted to know if he can sponsor me as a green card holder? Also, what will the wait time be like? I am a solicitor in the UK, how long will I have to wait before I can work in the USA (after having completed the bar exam)?

I don't know much about this process so would really appreciate some help.

Hotscot

I believe if you are married then you can be sponsored as a non-immigrant.
While here you can apply for immigrant status and then be able to work. 6 - 12 months process.

fatbrit

Horrible situation to be in. My commiserations.

How long has he held his GC?

SM1987

He just got his green card this year. How does that effect the application?

fatbrit

What? No, I think!

Noorah101

Hi and welcome to BE.

Yes, your fiance can sponsor you as a green card holder. He needs to file form I-130 to start the ball rolling.

As for how long the wait time will be...you'll have to keep an eye on the Visa Bulletin to see how the backlog is moving in your category (F2A). Currently, USCIS is working on petitions filed in June 2009, so about 2.5 - 3 years.

http://www.travel.state.gov/visa/bul...etin_5640.html

In the meantime, if he becomes a USC, he notifies NVC and your case gets upgraded to spouse of USC, and a visa number becomes immediately available to you, and NVC will continue processing the paperwork.

As soon as you enter the USA using your Immigrant Visa, you will be eligible to work.

Rene

SM1987

He got his green card this year

Noorah101

Completely incorrect.

Rene

Noorah101

It doesn't, really. He should file the I-130 ASAP, and then just sit back and wait.

He won't be eligible to become a USC until he's been a PR for 5 years. You'll most likely have your Immigrant Visa before then.

Rene

fatbrit

Counting off the time to his naturalization. It's a long way!

The marriage route goes like this: he sponsors you for an immigrant visa and then you wait for a number to become available. They're currently processing for those who applied in July 2009 in this category. When your number comes up, you're around 4-6 months off getting an immigrant visa.

The other option is to live here in some other category while married. This usually costs $$$.

crg

Sorry, but that's just false. It takes a few years for a green card holder to bring over a spouse. Sometimes it's faster if they become a visitor.

There also hasn't been a category to allow a green card holder to bring over a spouse as a nonimmigrant in years. When there was such a category, the person would have had to apply before Dec 21, 2000.

SM1987

Thanks, that is helpful. So just to confirm, whilst I am waiting for my Immigration Visa, I can not live with him in the USA? I can travel on my ESTA as normal to visit though.

Noorah101

Correct. You cannot live in the USA until you enter the USA using your Immigrant Visa. In the meantime, you can only visit. Remember not to do back-to-back VWP trips and never overstay.

Rene

SM1987

Thanks! This will be tough! Just another point, will I need to go to the USA to marry him (as in do a registry there) or is an Islamic marriage in the UK acceptable when applying for the Immigration Visa.

Noorah101

It doesn't matter where in the world you get married, but the marriage has to be legal in the country in which it was performed. So if you get married in the UK, legally, and it's legal in the UK, it will be legal in the USA.

When you mention Islamic marriage, though, it makes me wonder if you're only talking about the nikkah (or aghd) part of it?

Rene