icybluesmile

Hello all,

I am hoping some very kind person can answer some questions I have, or point me in the direction of threads/websites that can provide me with the info I need.

Background info/story

I am a UK citizen and I moved to the USA 10 months ago from the UK on a E2 visa. Visa lasts 5 years... job will last 2 years maybe more.

I have an America boyfriend who is in college and works part time. We live a couple hours apart and see one another weekends and holidays.

We know we want to get married, but are unsure of our options.

Our ideal plan would be to get married in USA (something quick and cheap),
then I would move to live with him and wait for him to be done with college. (Another 3 years) We then both want to live in UK, although still an option to settle in USA.

My questions:

1. Can we just make an appointment at the registry office (USA equivalent) and get married? OR do I need to fill in special forms?

2. After we are legally married, and my job contract/E2 ends... what do I need to do to stay in USA? What new visa do I need?

3. I've heard that I won't be able to work after getting married, and will need a sponsor... my future hubby is in college but does work... obviously not earning big bucks and lives at home with family still... is this going to cause problems?

4. Say I DO get to marry him and live with him for about 3 years in US... will it then be difficult for us to move to UK?

5. Any other advice??

Thank you so much in advance!

Noorah101

Usually it's as simple as obtaining the marriage license and then having a civil ceremony. Each state is a bit different, so you'll need to google and research getting married in your state or county where you live.

Well, at some point before your E2 ends, you can apply for Adjustment of Status, which lets you stay in the USA (even after your E2 ends), until a decision is made on your AOS. It takes about 6 months or so to go through the AOS process, and at the end of it you become a US Permanent Resident (green card holder). You say your long-term plan is NOT to live in the USA, though, so this might be money and time down the drain if you're just going to move back to the UK. If you do go for AOS and green card, you might as well stay long enough in the USA to become a USC so that you won't lose anything when you move back to the UK.

Whoever told you that you can't work after getting married was wrong. You can continue working. If you want to keep working for your E2 employer, you can. If you apply for AOS and obtain an EAD (Employment Authorization Document), you are free to work for any employer. Your husband will still be your sponsor, since he's the USC, but if you're working then your income can count on the I-864 affidavit of support.

You mean just marry and living with him, but not filing AOS? Nope, won't be difficult at all to move back to the UK. He will just need to apply for his appropriate visa to immigrate to the UK. I am not sure of the immigration requirements to the UK, though...so you'll want to research that when the time comes. Perhaps you need to sponsor him and such.

As I mentioned, if you do apply for AOS, and you want to move back to the UK before you become a USC, then you'll most likely abandon your green card.

Rene

icybluesmile

Thanks so much for your quick response! Just a few more follow up questions...

1. Is there a website where I apply for the adjustment of status?

2. You mentioned that if I move back to UK before I become a USC, I would abandon my green card... but wouldn't I already have the green card? (if the aos only takes 6 or so months) Do you give up a green card if you leave the country?

3. How many years does it take to be a USC?

4. IF we suddenly wanted to have the wedding in the UK... would this change the rest of the AOS process at all? Any different forms etc?

Noorah101

www.uscis.gov. Go to Forms, I-485, and take it from there. You can't apply online, but the forms are online...they get mailed to a lockbox address in Chicago.

Yes...US Permanent Residents are supposed to make the USA their permanent home. If you move back to the UK, you effectively abandon your US PR status (green card).

If married to a USC, you can apply for US citizenship 3 years after you become a PR. So, after you marry you apply for AOS, which takes about 6 months. About 3 years after that, you can apply for citizenship, which takes about another 6 months to get. So guesstimate 4 - 4.5 years total.

He would need the appropriate visa to get married in the UK, first of all. He can't marry there as a visitor. Then would you return on your E2 visa? I am not sure if an E2 visa holder can have immigrant intent. That's something you'll have to research, or hopefully someone else on here knows. So getting married in the UK *might* affect the AOS process. I'm not sure.

Rene

icybluesmile

Thank you again!!

Ok... I understand about abandoning green card, but let me see if I have fully understood:

1. If I do the AOS forms, do I have to wait until I get a green card to get work (if I was no longer working for E2 company)? Or does the document allowing me to work come before the green card arrives?

2. Once (if) I become a USC - can I then go and live in the UK (or would I have given up my UK passport)?


It looks like I'd be better off waiting until I am a USC, but I'd like to know I can go home to see parents etc.

Noorah101

If for some reason you are no longer working for your E2 employer, you would need the EAD. The EAD comes about 90 days after filing AOS. So the EAD comes before the green card does.

Once you are a USC, you will be a dual US/UK citizen, and can hold passports for both countries, so can jump back and forth at will.

As a green card holder, you can go visit back home with no problem. You can stay a month or two, it's fine. You just can't MOVE back home, otherwise you abandon the green card.

Rene

icybluesmile

Brilliant. Thank you, Rene. You have been wonderfully helpful!

icybluesmile

Hello again,

I'm now officially engaged (hurray!) and starting to make wedding plans. After a long discussion with my fiance about the timeline AOS stuff, I have a couple questions for you all:

My E2 visa will last until July 2012.
My sister is getting married in the UK in May/June 2012.
Initially, my fiance and I were thinking, 'let's do the legal wedding here in the US asap, so that by the time my E2 ends, I can stay in the US and go straight to another job'.
However, I'm now worried, that say we married in November 2011 and filed everything soon thereafter, would I be able to travel back to the uk in time for my sister's wedding?
Or should I wait until my E2 is closer to running out in, say July, and do all the AOS then? Any thoughts?

My other main concern is about our financial situation. I assume if I apply for the AOS sooner, there is more chance that as soon as my E2 job ends, I will already have the document allowing me to work, so I would never be out of a job. My USC fiance is a student, but does still have a full-time=ish job, but not sure if he makes enough to show he can support me (but why does he even need to support me if I have a job ?) I just thought that if I was making money, we'd have more chance at being successful in obtaining the GC?

Sorry for rambling... I hope someone can offer some advice!

Noorah101

This is probably a good option. If you get married in July 2011, you'll most likely have your green card by May 2012 and can safely travel to the UK for your sister's wedding.

Why wait until November? If you're willing to have a civil ceremony ASAP, why wait 4 more months to get the ball rolling? Just do it now. That said, if you wait until November to get married, you will probably still have at least the AP document allowing you to travel to the UK by the time you need it...and perhaps even the green card. But it also might conflict with your AOS interview which could happen around that time.

Sure, you could wait that long if you want to. If you do that, you'll probably have a gap in your employment authorization. It takes about 90 days to get your EAD in hand after filing AOS. Takes about 6 months or so to get green card in hand.

If you are legally working at the time you attend your AOS interview, then your income can also be included on your husband's I-864. Therefore, it would be smarter to do your AOS sooner rather than later, so you won't have a gap in employment authorization, and can continue working.

Rene

jeffreyhy

This illustrates the confusion that results from using the term 'green card' as a stand in for one's actual immigration status. The green card is simply an ID card, the status is Permanent Resident. The name of the status means exactly what it says - permanently resident.

If you leave the USA to take up residence in the UK, and you are no longer permanently resident in the USA, you are in danger of losing your Permanent Resident immigration status.

Regards, JEff

icybluesmile

Thanks for the great advice.

The reason we were thinking November, is because I'd still like for my parents to come, and they need some warning. But, the financial benefit of doing the wedding sooner than later will probably outweigh the concern of parents being able to attend (unfortunately).

Noorah101

You can do just a court civil justice of the peace thing for now, to make it a legal marriage, and get the AOS filed. When your parents come in November, you can have maybe a blessing ceremony or reception party or something more fancy for their benefit.

Rene

katiekat

Just an FYI from the point of view of someone who was intending to move to the UK and ended up changing everything-

The immigration process from the US to the UK for your boyfriend is MUCH more difficult than the process for you to come here. It is difficult to find information so I would suggest that even as you're working out how to do things here that you are researching how to get him THERE.

~Katie

icybluesmile

Yes, we were thinking that when the AOS headaches are over, we would take a trip to the UK (When we're allowed to!) and do a blessing/reception over there.

Thank you again for the help! Much appreciated.


Katie - just seen your reply - do you mean that even after we're married, if we both wanted to move to the UK, it would be difficult? (Just want to be clear I have understood what you meant). We are DEFINITELY marrying in the US. We won't be wanting to move to the UK for a few years, so I suppose we'll at least have plenty of time to navigate any further legal hurdles we face.

Steve_

Get married, do AOS now. I-485 processing takes around 5 months. The only real question based on what you've said is whether he meets the financial sponsorship requirements to do the I-864. As you're already authorized to work, I don't think there's any point to filing an I-765 EAD application with AOS, although if you want to change jobs, maybe you should.

E-2 as I'm sure you know is a non-immigrant visa, having a US boyfriend works against non-immigrant intent, if you show up at a POE with your American fiance that will cause problems with CBP so do it before you go to the UK.

And I'd say do it now anyway to focus his mind on the subject at hand, the I-864 will wake him up.