chips

hi,

I'm UK citizen in the US at the moment. been here nearly 2 months. Came in as a visitor - plan to marry my American GF whilst here in the US.

As I understand it, I am ok to marry & file for greencard after 2 months here.

Then I am not allowed to leave the US until my travel document & temp work permit comes through - which I have been told would take around 3 months after I file? - worried about the whole 'stranded in the US' while we wait...but 3 months would be do-able.

couple of questions -

1. this travel document - how flexible is this? can I leave to go to Canada for a couple of months? - I have connections up there, so ideally would be free to travel up there without messing up the process

2. I've had some free advice from a lawyer. They gave me a quote on completing the whole visa process, but is this strictly necessary? do I need a lawyer to help us out with this or is it feasible to just go ahead and do this by ourselves?

many thanks.

sallydom

earliest time I think you will get a green card would be 5 months prob longer .
Ok the main bit of advice I can give you is you should not have planned to get
married on a visitors visa , as if you are found out it can be said to be Fraud so be careful,
Also I would say yes to an attorney , but I am sure there are lots of people who will disagree.
Re the whole leaving the US issue ,Best someone answers that , there are lots of people with very good advice on here , my experiences have not been good as stuck in UK married in Nov 2011 had to come back due to family death , legally could go back but depends on security on entering US they could send you back.
So reluctantly sticking it out

Good luck though

Ps hate to say it some attorneys will tell you unrealistic time scales so you take them on .

Noorah101

How did you come to understand this? Through the free advice from the lawyer you spoke to? The best way to immigrate to the USA is to marry your USC girlfriend and then return to the UK for Immigrant Visa processing. That way you're not keeping your fingers crossed for a successful AOS. AOS from the VWP is a bad idea. If your AOS is denied, there is no way to appeal it, and if the adjudicating officer thinks you had immigrant intent when you entered the USA, your AOS can be denied.

If you do choose to AOS (something I don't suggest), then you don't have to wait for the EAD to come through, but you DO need to wait for the AP to come in hand, before leaving the USA (after filing AOS, of course).

Yes, it takes about 90 days to get the AP in hand, after filing AOS.

If you check the "multiple entry" box in the I-131, then you can come and go as many times as you want, wherever you want in the world. You just have to be back in the USA for your AOS interview.

Many people don't use a lawyer. For your situation, AOS from VWP, you might want to have a lawyer.

Rene

chips

hi,
thanks for the reply - appreciate any advice.
well, we were not planning on getting married when I first entered the US - I came in as a visitor for 3 months. I expected to go back to Canada after this time was up.

but after speaking with a lawyer they told us that we have an option of marrying and legally ok with filing for the GC after at least 2 months.

other alternatives would be for me to go back to Canada (I'm a perm res there) and we marry up there, but this process would take much longer.

The lawyer told us that it's a definite option for us to marry here after 2 months, and for me to stay and wait.

5 months? hmm. is that from date of filing to full green card?

or does anyone have any experience of doing what we're planning and receiving a 'temp work permit' after 3 months until the greencard comes through? (and the travel doc)

just a little scary prospect waiting endless months without being able to work here, especially as I'm reading a lot about long wait times on this site for visa related documents.

thanks

sallydom

Hi , Noorah seems to know her stuff , I am from UK , not sure if immigration process is the same as with Canada, prob is , i think you can get a work permit before Green card , if I remember correctly its when you have filed , so sorry not more help , so much to try mad remember and I am new to this !!

Noorah101

Yes, many lawyers give that advice. It's up to you whether you want to risk it or not. It doesn't really matter what your real intent was, what matters is whether the adjudicating officer believes you or not.

Since you're a PR in Canada, are you in a big hurry to move to the USA? Won't you abandon your PR status in Canada, if you become a PR in the USA? You can marry in the USA and then go back to Canada to pursue an Immigrant Visa.

It's typically about 6 months from filing AOS to having the AOS interview.

The EAD and AP come about 90 days after filing AOS.

Not really endless months...only about 90 days. But then you still have to find a job after that, which some say is the more difficult task. Unless you have a job already lined up waiting for you.

Rene

sallydom

Hi , can you explain what all the abbreviations are , I am sure I am just being dim but can't understand , thanks apologetically

Noorah101

AOS = Adjustment of Status
EAD = Employment Authorization Document
AP = Advance Parole
VWP = Visa Waiver Program
USA = United States of America

See here for more: http://britishexpats.com/wiki/US_Visa_Glossary

Rene

sallydom

LOL , I think I knew the USA , but thanks
The EAD & AP we're a mystery though

Peaksy

Honestly, not meaning to be rude, or offensive to you chips, nor anyone else who chooses to follow this route, but for some reason I find it frustrating people don't follow the usual and well establised route of filling either a K1 or a CR1 from outside of the US.

I guess each to their own everyone has their own reason.

chips

ok thanks -

didn't realise that if the officer decided that I intended to marry when I entered on the VWP, the AOS can be declined with no appeal.!

I mean, I've got a house and job up in Canada. Came down here on vacation, but now we're looking at options

One one hand we want to stay together and get this GC as fast as poss, but on the other hand - hard to risk everything on an interview if this could determine our future in the US.

other options - we're talking about marrying either here and me returning to Canada, or getting married in Canada and filing from up there.
is there any benefit to go with one over the other? (married in the US over outside)

if I'm back in Canada I'm not allowed to visit the US whilst this is going through?
but as I understand it, my GF can visit me up in Canada.

difficult, but staying positive.

perm res status in Canada should be unaffected because they allow you to be outside the country for quite a long time and retain this.
Canadian citizenship coming through too in approx 9 months.

chips

hi, no offense taken. I'm new to the entire US immigration process and after speaking with a lawyer they offered up this 'aggressive approach' as they put it.
but didn't realise the risks involved.
just trying to limit the time away from my fiancee`

sallydom

i agree with the time apart bit , been married for over 5 months and only spent 6 weeks together. if you can get a B2 visa ( a proper visa ) apparently safer option.

chips

hi - a B2 visa can be obtained while I wait for the greencard?
do you have any more info on the B2.?
searching now...

chips

ok, I'm confused..lawyer told me that if we get married in Canada it would take approx 9 months and I cannot visit the US during this time.
but she can visit me in Canada.

I just read this thread that says its ok for me to visit the US while waiting on I-130 pending...http://britishexpats.com/forum/showthread.php?t=578918

if this is true, then that would take some of the pressure off not seeing each other for a long time.

I guess the only question now is married in Canada or US. wondering if it makes a difference.

If we got married while I'm here on a VWP and then I go up to Canada to file for I-130 wouldn't that cause problems too though?? because US officals would see that I married a USC while on a VWP