eldudebro

Hi everyone,

I've been reading through various posts on this forum trying to learn about the practicalities of moving to the USA. I think it's best I just lay out my situation and hopefully get some advice.

My fiancee is a US/UK citizen and we've been together for over 3 years. She has been living here in the UK for over 4 years, first completing her postgraduate education and now in employment. She has confided in me that she is homesick and wishes to return to live and work in the US, and wants me to return there with her.

It seems like getting married and applying for a green card is the most obvious route for us to take.

My situtation is that I am currently completing my Masters in Chemical Engineering at University, however I am not due to graduate until Summer 2021. Obviously I am not able to move anywhere until I have completed my studies so my question is what sort of timescales apply towards marriage green cards? Ideally we would like to have this figured out over the next 18 months, as moving as soon as I graduate is something I am happy to do.

Would it be possible for us to marry, have a green card granted for me, and for me to remain in the UK until I have finished my studies?
Or do I need to physically be in the United States for this process to be successful.

Advice appreciated.

scrubbedexpat099

Basically and assuming you will be married and want to move summer of 2021 I would file in about 6 months or so, with an immigrant visa you have 6 months from the medical to use it which all other things being equal would cover that summer.

civilservant

I agree with Boiler, filing in April/May of 2020 seems to be a reasonable bet for summer 2021.

Make sure you are aware of the I-864 requirements as you may need a joint sponsor if assets are insufficient (assuming any employment does not continue from the same source post US move)

Rete

While you are residing in the UK, you would not be eligible for a green card. But by marrying your US girlfriend, she can apply for your immediate relative visa. As long as she is in the UK legally, you and she can marry and apply at the US Embassy for the visa. It should take 6 to 12 months to obtain. Once you have the visa in your passport, you enter the US while it is valid (she must either be already in the US by this time or enter the same time as you). This entry with the valid visa will give you a green card which will be mailed the address you provide at entry.

To be safe, while in the US apply for a returning resident document via form I-130. Returning to the UK to continue your studies is a legitimate to be outside of the US for a long period while helping to ensure the safety of your US resident status.

Note, the above is only a condensed version.