mlw500

Hi,

I'm planning on marrying my US girlfriend within the the next year or 2 and trying to move to the US. We have heard that the easiest way is to travel to the US on a travel visa then marry in the US and apply for the green card there. However, i don't want to risk being out of work for too long as I won't be able to legally work this way.

The other option is for us to marry here and try and apply for a green card before we leave. Unfortunately her visa runs out at the end of 2010 and she has to leave back to the US, so we really only have a year and a bit to get married and try and sort everything out.

I guess my questions are this:

Does anyone know whether it is easiest to apply for a green card in the US or prior?
And also are there any constrictions on how long you've had to have been married or together before you're likely to get a green card?

Any help would be very much appreciated.

Cheers

ian-mstm

This may be the "easiest way"... but it's also illegal to enter the US as a visitor with the intent to stay to adjust status.


Good... because you risk far more if things go belly up.


If your girlfriend isn't a US citizen, your options are limited. You can get married in the US while you're a visitor... but you can not stay in the US afterwards. If your g/f was a permanent resident (PR) it would be about 5 years before you would get the visa... but because she isn't even a PR, there is no basis for either of you to adjust status.

Getting married in the US does not confer any special privileges unless one of you is a USC. Since neither of you are, getting married in the US is all you can do. Neither of you have a basis to remain in the US.

Bottom line - there is *no* way for you to live and work in the US in your current situation. End of story. Full stop.

Ian

Songbird

Her visa... presumably you mean her UK visa? Is she a US citizen?

ian-mstm

My bad... I misread this bit. So, she is a USC currently in the UK on a visa.

mlw500 - if she is a US citizen, you should marry before April 2010. She should then file form I-130 in the US (plus supporting documents). It'll take about 6-8 months before you get a visa (it'll be an "immigrant visa"... not a green card), but if you time this right, you will both be able to enter the US at the end of 2010 when her visa expires. You will become a PR the day you enter the US with your immigrant visa - and will be able to live/work in the US from day one.

Sorry about my earlier confusion. I shouldn't reply to messages before I have a sufficient infusion of coffee!

Ian

Rete

Ian ... cuppa needed?

I'm correcting Ian's thought that your wife should file the I-130 in the US. Since she has a visa to remain in the UK, she should file the I-130 at the USCIS/US Consulate in London first. If accepted there, it will shave months off the wait time. Has she already been living in the UK for six months? If so, it is quite possible they will accept the I-130 in the UK.

If they don't they will return it to her in a matter of a week or two with instructions for her to file it in the US. So only a minimal amount of time lost.

If accepted for filing in the UK wait time at present (which can change at any time) is approximately 6 to 8 months. If not accepted and she has to file stateside, the wait is approximately 8 to 10 months.

This is the preferable way for you to go as when you enter the US with an approved Immediate Relative Visa in your passport, you become a US Permanent Resident/Greencard holder upon entry with all the rights to live and work there from day one.

mlw500

Thanks for the replies, they have been great.

My girlfriend is a US citizen and we are both currently living in Ireland (her visa to ireland will run out next and she will also be returning to the US for a college program). I am also currently living in Ireland but i'm a UK citizen. I'm not sure whether we can sort out any of our documentation theought the embassy in Ireland or whether i would have to travel to london to sort it out.

The suggestions you made are great, I was just concerned that timings might look bad, i.e. we got married before april and then applied for the immigrant visa straight away, and if it would be more difficult if she moved back to the US and I was still over here. I was concerned that it looks like we were marrying just for the visa, or am I over thinking this?

Also my g/friend believs it's easier for us to try and sort it out over there but i'm really not keen on doing it, especially as I'll be illegal. Could you tell me why it's a bad and the possible consequences, just so we can rule it out.

Cheers and thanks for all your help.

Just Jenney

You don't give a lot of details about your relationship (how long you've been together, etc) but I get the impression that you'd still want to marry her, even if you were both from the same country. I could be totally wrong, of course, but if that's true, then your situation is similar to that of a lot of people on here -- you fell in love and immigration got in the way. And therefore, I don't see anything strange about marrying and then applying for a visa straight away. If anything, it might be a bit strange for you NOT to do that. After all, it's assumed that married couples want to live together, and in your case you'd need a visa in order to accomplish that.

It's bad because it's illegal. I'm not sure how much more obvious it could be, to be honest.

The possible consequences? Let's say that you follow your girlfriend's preferred plan -- you enter the US on the VWP with the intention of marrying and then staying and applying for a green card. If you fail -- for example, the immigration officials don't believe that you didn't have immigration intent when you entered the US (and they'd be correct) -- then you CANNOT appeal their ruling. You waived those rights away when you signed the I-94W card on the plane. You must leave the US and face a possible lifetime ban from the US.

The sooner your girlfriend accepts that little in immigration is "easy" the better off you'll both be. She may not like it, but what she wants has little to do with it. Ultimately it's the US government that decides, everything's at their discretion entirely, and it's better to play by their rules rather than face the consequences for choosing to go your own way -- which may be illegal.

~ Jenney

Ray

Carl Shusterman: youtube

meauxna

Why freakin' bother when they have ample time to get an IV and are both living abroad?
I can almost understand for some circumstances, but why this one? The USC will be living in Ireland for the coming year.

Ray

Just giving all the options
Herr Mod

meauxna

No need for namecalling, I just don't see the logic in this method for this situation.
Yes, sometimes it seems logical to me. Then I usually just don't post anything.

Ray

Stop being indecisive

meauxna

OK.



Well, maybe.

meauxna

The length of the marriage is not an issue; as pointed out, it's pretty normal. You are eligible to file as soon as you have the legal copy of your marriage certificate back from your local authority.

If your GF fits this criteria, she is eligible to file in Ireland, cutting the visa application timeline down considerably. You should easily be able to complete this process within a year.
U.S. citizens who have been resident in the Republic of Ireland who wish to sponsor an immediate relative can file the I-130 petition at the Embassy. Both the U.S. citizen petitioner and the beneficiary (the alien spouse) must have maintained continuous residency in our consular district (the Republic of Ireland) for a minimum of the preceding six months in order to demonstrate principal residence. Appropriate evidence that the petitioner and the beneficiary have permission to reside in the Republic of Ireland must be provided. We will require evidence in the form of:

* the U.S. citizen petitioner - a photocopy of the leave to remain stamp from the Irish government, in the petitioner's passport; (must also include a photocopy of the photo page of U.S. passport)

If that fits you, please read the first link in my signature for a description of the process.

Then go to the Dublin page here for further information: http://dublin.usembassy.gov/filing_the_i130.html


Doing this while abroad secures an Immigrant Visa for you before you immigrate. You become a Permanent Resident (green card) on arrival, and are employment authorized from the first day.

IF you do the previously debated 'fly in and file' method, you won't have work authorization, it is illegal and you are at significant risk if your case goes bad. I just think it's a no brainer when you already want to be married, and are both together overseas.

We did the DCF method and haven't had a single complaint about the process.

BritishGuy36

a) The office with jurisdiction over visa applications for the UK and Republic of Ireland is the embassy in London. The embassy in Ireland can't help you.

Most of the process is accomplished by post. You'd need a trip to London for a medical examination and visa interview.

b) Nah, lots of folk do it. If you don't have a criminal record and satisfy the other conditions they stipulate (like financial conditions) you'll be fine.

c) The level of difficulty would be the same. But it would take longer, plus you'd be apart for the best part of a year (I'm comparing the two legal options here, not the one she wants you to take). Why do that when an easier route is available to you?

d) See b)

e) She's wrong.

f) Good. Hold that thought. And don't let her convince you otherwise.

g) It's illegal. Is the potential of a lifetime ban from entering the US enough of a deterrent?