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P Visa/Green card/Marriage

P Visa/Green card/Marriage

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Old Sep 16th 2004, 6:35 pm
  #1  
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Default P Visa/Green card/Marriage

Hi,

Both my girlfriend and I are Brits. She has a P visa and lives six months a
year in the US where she has a house.

I live in the UK and spend on average three months a year in the US just
relaxing and not working. I have a degree although work in a profession that
has nothing to do with what I studied at university.

She is in the process of putting in for her green card although the
paperwork has not been formally sent in yet. She also has a further 3 years
on her P visa.

We have been going out for six years and think the time to get married is
near. The whole relationship is legit and can be backed up with photos of
holidays etc.

If we marry before she puts in for a green card do I get a green card when
she does or do I go in another pile?

If we marry then put the paperwork in do I get a green card at the same
time?

What are out best options to be living in the same continent hassle free as
soon as possible?

Thanks in advance,

James
 
Old Sep 17th 2004, 2:56 am
  #2  
Jozef
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Posts: n/a
Default Re: P Visa/Green card/Marriage

"New to this" <[email protected]> wrote in message
news:BD6F9B87.134AF%[email protected]...
    > Hi,
    > Both my girlfriend and I are Brits. She has a P visa and lives six months
a
    > year in the US where she has a house.
    > I live in the UK and spend on average three months a year in the US just
    > relaxing and not working. I have a degree although work in a profession
that
    > has nothing to do with what I studied at university.
    > She is in the process of putting in for her green card although the
    > paperwork has not been formally sent in yet. She also has a further 3
years
    > on her P visa.
    > We have been going out for six years and think the time to get married is
    > near. The whole relationship is legit and can be backed up with photos of
    > holidays etc.
    > If we marry before she puts in for a green card do I get a green card when
    > she does

Yes

    > or do I go in another pile?
    > If we marry then put the paperwork in do I get a green card at the same
    > time?

Yes

    > What are out best options to be living in the same continent hassle free
as
    > soon as possible?

Once married you can accompany her on her trips to (or join her in) the US
on a P-4 visa. If you are in the US on a B-visa you can file a change of
status to P-4.

Note that while a P-visa allows immigration intent, at the same time it
requires maintaining a residence in one's home country.
 
Old Sep 17th 2004, 6:02 am
  #3  
New to this
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Default Re: P Visa/Green card/Marriage

On 9/17/04 3:56 AM, in article Ons2d.10689$ZP.6818@trnddc05, "Jozef"
<jozef.*take this out*[email protected]> wrote:

    >
    > "New to this" <[email protected]> wrote in message
    > news:BD6F9B87.134AF%[email protected]...
    >> Hi,
    >>
    >> Both my girlfriend and I are Brits. She has a P visa and lives six months
    > a
    >> year in the US where she has a house.
    >>
    >> I live in the UK and spend on average three months a year in the US just
    >> relaxing and not working. I have a degree although work in a profession
    > that
    >> has nothing to do with what I studied at university.
    >>
    >> She is in the process of putting in for her green card although the
    >> paperwork has not been formally sent in yet. She also has a further 3
    > years
    >> on her P visa.
    >>
    >> We have been going out for six years and think the time to get married is
    >> near. The whole relationship is legit and can be backed up with photos of
    >> holidays etc.
    >>
    >> If we marry before she puts in for a green card do I get a green card when
    >> she does
    >
    > Yes
    >
    >> or do I go in another pile?
    >> If we marry then put the paperwork in do I get a green card at the same
    >> time?
    >
    > Yes
    >
    >> What are out best options to be living in the same continent hassle free
    > as
    >> soon as possible?
    >
    > Once married you can accompany her on her trips to (or join her in) the US
    > on a P-4 visa. If you are in the US on a B-visa you can file a change of
    > status to P-4.
    >
    > Note that while a P-visa allows immigration intent, at the same time it
    > requires maintaining a residence in one's home country.
    >
    >
    >
    >
Thanks for your prompt reply. Just one other thing do I have to stay out of
the US whilst the green card is being processed or do I apply for a another
visa whilst waiting or do I go in on the I94 that I currently use. I only
ever go to the US as a tourist and don't work when there.

Thanks again.
 
Old Sep 18th 2004, 12:11 am
  #4  
Jozef
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Posts: n/a
Default Re: P Visa/Green card/Marriage

"New to this" <[email protected]> wrote in message
news:BD703C91.14376%[email protected]...
    > On 9/17/04 3:56 AM, in article Ons2d.10689$ZP.6818@trnddc05, "Jozef"
    > <jozef.*take this out*[email protected]> wrote:
    > >
    > > "New to this" <[email protected]> wrote in message
    > > news:BD6F9B87.134AF%[email protected]...
    > >> Hi,
    > >>
    > >> Both my girlfriend and I are Brits. She has a P visa and lives six
months
    > > a
    > >> year in the US where she has a house.
    > >>
    > >> I live in the UK and spend on average three months a year in the US
just
    > >> relaxing and not working. I have a degree although work in a profession
    > > that
    > >> has nothing to do with what I studied at university.
    > >>
    > >> She is in the process of putting in for her green card although the
    > >> paperwork has not been formally sent in yet. She also has a further 3
    > > years
    > >> on her P visa.
    > >>
    > >> We have been going out for six years and think the time to get married
is
    > >> near. The whole relationship is legit and can be backed up with photos
of
    > >> holidays etc.
    > >>
    > >> If we marry before she puts in for a green card do I get a green card
when
    > >> she does
    > >
    > > Yes
    > >
    > >> or do I go in another pile?
    > >> If we marry then put the paperwork in do I get a green card at the
same
    > >> time?
    > >
    > > Yes
    > >
    > >> What are out best options to be living in the same continent hassle
free
    > > as
    > >> soon as possible?
    > >
    > > Once married you can accompany her on her trips to (or join her in) the
US
    > > on a P-4 visa. If you are in the US on a B-visa you can file a change
of
    > > status to P-4.
    > >
    > > Note that while a P-visa allows immigration intent, at the same time it
    > > requires maintaining a residence in one's home country.
    > >
    > Thanks for your prompt reply. Just one other thing do I have to stay out
of
    > the US whilst the green card is being processed or do I apply for a
another
    > visa whilst waiting

Entering the US as a tourist while an immigrant petition is being processed
can be problematic because a tourist visa (or a Visa Waiver) does not allow
immigration intent. P-visas do allow immigration intent.

    > or do I go in on the I94 that I currently use.

An I-94 card authorizes your stay in the US. It is surrendered when leaving
the US

    > I only
    > ever go to the US as a tourist and don't work when there.

That is good. Neither tourist nor P-4 status allow you to work in the US.
 
Old Sep 18th 2004, 7:13 am
  #5  
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Posts: n/a
Default Re: P Visa/Green card/Marriage

On 9/18/04 1:11 AM, in article i3L2d.176$2A1.99@trnddc08, "Jozef"
<jozef.*take this out*[email protected]> wrote:

    >
    > "New to this" <[email protected]> wrote in message
    > news:BD703C91.14376%[email protected]...
    >> On 9/17/04 3:56 AM, in article Ons2d.10689$ZP.6818@trnddc05, "Jozef"
    >> <jozef.*take this out*[email protected]> wrote:
    >>
    >>>
    >>> "New to this" <[email protected]> wrote in message
    >>> news:BD6F9B87.134AF%[email protected]...
    >>>> Hi,
    >>>>
    >>>> Both my girlfriend and I are Brits. She has a P visa and lives six
    > months
    >>> a
    >>>> year in the US where she has a house.
    >>>>
    >>>> I live in the UK and spend on average three months a year in the US
    > just
    >>>> relaxing and not working. I have a degree although work in a profession
    >>> that
    >>>> has nothing to do with what I studied at university.
    >>>>
    >>>> She is in the process of putting in for her green card although the
    >>>> paperwork has not been formally sent in yet. She also has a further 3
    >>> years
    >>>> on her P visa.
    >>>>
    >>>> We have been going out for six years and think the time to get married
    > is
    >>>> near. The whole relationship is legit and can be backed up with photos
    > of
    >>>> holidays etc.
    >>>>
    >>>> If we marry before she puts in for a green card do I get a green card
    > when
    >>>> she does
    >>>
    >>> Yes
    >>>
    >>>> or do I go in another pile?
    >>>> If we marry then put the paperwork in do I get a green card at the
    > same
    >>>> time?
    >>>
    >>> Yes
    >>>
    >>>> What are out best options to be living in the same continent hassle
    > free
    >>> as
    >>>> soon as possible?
    >>>
    >>> Once married you can accompany her on her trips to (or join her in) the
    > US
    >>> on a P-4 visa. If you are in the US on a B-visa you can file a change
    > of
    >>> status to P-4.
    >>>
    >>> Note that while a P-visa allows immigration intent, at the same time it
    >>> requires maintaining a residence in one's home country.
    >>>
    >> Thanks for your prompt reply. Just one other thing do I have to stay out
    > of
    >> the US whilst the green card is being processed or do I apply for a
    > another
    >> visa whilst waiting
    >
    > Entering the US as a tourist while an immigrant petition is being processed
    > can be problematic because a tourist visa (or a Visa Waiver) does not allow
    > immigration intent. P-visas do allow immigration intent.
    >
    >> or do I go in on the I94 that I currently use.
    >
    > An I-94 card authorizes your stay in the US. It is surrendered when leaving
    > the US
    >
    >> I only
    >> ever go to the US as a tourist and don't work when there.
    >
    > That is good. Neither tourist nor P-4 status allow you to work in the US.
    >
    >
    >
    >
    >
Thanks. Are you an immigration lawyer? Maybe when I come to do the paperwork
I can put some work your way. Does your company have a website I can take a
look at?

Either way thanks again,
 
Old Sep 19th 2004, 4:24 am
  #6  
Jozef
Guest
 
Posts: n/a
Default Re: P Visa/Green card/Marriage

"New to this" <[email protected]> wrote in message
news:BD719EA2.148FE%[email protected]...

    > Are you an immigration lawyer?

Goodness no! :)

    > Either way thanks again,

No prob.
Be sure to consult with a real attorney. What you pick from the Internet
should enable you to communicate with him/her at the same level.

Jozef
(NOT a lawyer)
 
Old Sep 20th 2004, 12:09 am
  #7  
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Joined: Dec 2002
Location: Atlanta Georgia
Posts: 7
mishj is an unknown quantity at this point
Default Re: P Visa/Green card/Marriage

As you helped here so well I wonder if you could help here?
I am writing this on behalf of someone in the twobrits.com forum. He has a conviction in his past of which he is not proud and he wondering how it will affect him when he marries his girlfriend (a US citizen). He is currently in the US on an H1B visa.

His conviction gave him 2 years probation for harrassment a few years ago. Will this cause problems when he applies to change his H1B status to a naturalized citizen? Also what is the process he needs to go to for naturalization from H1B status?

Thanks
Michelle
mishj is offline  
Old Sep 20th 2004, 2:18 am
  #8  
Jozef
Guest
 
Posts: n/a
Default Re: Harrassment conviction -> problem for GC?

"mishj" <[email protected]> wrote in message
news:[email protected] m...
    > I am writing this on behalf of someone in the twobrits.com forum. He
    > has a conviction in his past of which he is not proud and he wondering
    > how it will affect him when he marries his girlfriend (a US citizen).
    > He is currently in the US on an H1B visa.
    > His conviction gave him 2 years probation for harrassment a few years
    > ago. Will this cause problems when he applies to change his H1B status
    > to a naturalized citizen? Also what is the process he needs to go to
    > for naturalization from H1B status?

After getting married, he will first apply for a Conditional Green Card.
That is done by means of an I-130 petition for an immediate relative of a US
Citizen filed by his US Citizen wife on his behalf, together with an I-485
application to adjust status to Conditional Permanent Resident.

90 days before the end of the second year as a CPR, he can file an I-751 to
have the conditions removed from his GC. He will then get an unconditional
GC valid for 10 years.

Applying for US Citizenship can be done by means of an N-400 application 3
years after obtaining the conditional GC.

Whether the harassment conviction will impact his GC process, I'm not sure.
There are several people on this forum who are much more knowledgeable then
me regarding this. I'm hoping one of them will jump in here.

Jozef
(NOT a lawyer)
 

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