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Old Oct 30th 2009, 7:59 am
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Default Tough Situation

Hi Everyone,
I have been an avid reader of this forum because i am stuck in a very weird situation.. Those dead end street situations and i really would like a collective analysis of my options. I will only highlight major points, details as we progress.

I am a European citizen unfortunately/fortunately not from blighty.

I have a girlfriend who lives in the US as a Green card holder.

We want to get married soon and my girlfriend can not move to where i am because she has an established career and the language is a huge problem for her.

We have dated for three years and have a 2 year daughter who lives with her in the US. ** Never been asked at POE if i have a spouse/fiancee/girlfriend resident in the US. So i have not lied yet.

So my question to you is, if i wanted to move to the US.. Is there a way under the sun that someone like me can marry a green card holder and get a right to stay in the US?

Folinsky, Noorah, Chan, and some of you i cant remember are the true soul of this message board. The advice you give out i can guarantee has changed a very large number of lives. I will say thanks on behalf of everyone who has been here and got help.. you all are doing a good job, if only the whole world was like this forum..
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Old Oct 30th 2009, 9:39 am
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Default Re: Tough Situation

Originally Posted by troyinclogs
Hi Everyone,
I have been an avid reader of this forum because i am stuck in a very weird situation.. Those dead end street situations and i really would like a collective analysis of my options. I will only highlight major points, details as we progress.

I am a European citizen unfortunately/fortunately not from blighty.

I have a girlfriend who lives in the US as a Green card holder.

We want to get married soon and my girlfriend can not move to where i am because she has an established career and the language is a huge problem for her.

We have dated for three years and have a 2 year daughter who lives with her in the US. ** Never been asked at POE if i have a spouse/fiancee/girlfriend resident in the US. So i have not lied yet.

So my question to you is, if i wanted to move to the US.. Is there a way under the sun that someone like me can marry a green card holder and get a right to stay in the US?

Folinsky, Noorah, Chan, and some of you i cant remember are the true soul of this message board. The advice you give out i can guarantee has changed a very large number of lives. I will say thanks on behalf of everyone who has been here and got help.. you all are doing a good job, if only the whole world was like this forum..
So, I'm reading the whole post, waiting for the deal-killer... where is it?

You would like to marry a US Permanent Resident. Soon. You would like to move to the US.
Why do you think there is no way for you? What is it about "someone like you" that would disqualify you?

I'm also confused about So i have not lied yet. The 'yet' implies you're ready to... don't. *That* will disqualify you from moving.

Permanent Residents (like your GF) may petition for their spouses. The spouse must then wait for a visa number to become current for him; he can watch the Visa Bulletin at travel.state.gov to see when that is (currently running 4 to 5 years wait). When the visa number is available, the spouse applies for his visa and on approval, moves to the US and gets his own green card.

One thing people do to speed up that wait is have the US PR partner naturalize to US citizenship. Once a USC, there is no wait for the visa number for a spouse, so you skip right to the visa application (petition will be approved/moved to the front of the line even if it was filed while the US partner is still a PR).

Does that help?
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Old Oct 30th 2009, 10:01 am
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Default Re: Tough Situation

Folinsky, Noorah, Chan, and some of you i cant remember
The deal killer is I think that you did not get a mention! Sorry.

OP,

There are plenty of other ways of immigrating, perhaps worth a look.
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Old Oct 30th 2009, 10:58 am
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Default Re: Tough Situation

Originally Posted by Boiler
The deal killer is I think that you did not get a mention! Sorry.
lol, I'm more of a spleen than a soul.
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Old Oct 30th 2009, 11:02 am
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Default Re: Tough Situation

Originally Posted by Boiler
The deal killer is I think that you did not get a mention! Sorry.

OP,

There are plenty of other ways of immigrating, perhaps worth a look.
Who is Chan?
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Old Oct 30th 2009, 11:07 am
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Default Re: Tough Situation

Originally Posted by troyinclogs
I am a European citizen unfortunately/fortunately not from blighty.
You don't mention which one, or rather your prospective OH's. As some allow dual citizenship (e.g. France) and some are decidedly odd about it (e.g. Spain), this could have a significant bearing on your case.

Also, you need to discover whether you can live here while waiting for your PR to come through. Looking for yes answers here will highlight possible opportunities.
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Old Oct 30th 2009, 11:16 am
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Default Re: Tough Situation

Originally Posted by fatbrit
Who is Chan?
No wait. YOU're the spleen.
Maybe I'm the liver.
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Old Oct 30th 2009, 11:44 am
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Default Re: Tough Situation

Your girlfriend is a Permanent Resident in the US. Do you know how long she has held this status? She is eligible to file for natualization after being a PR for 5 years. Since you have been seeing each other 3, is it safe to assume she has been a PR for at least 3 years?

Read the link at the top of this forum re: Pulaski's Ways. It lists the ways to get a visa to live and work in the US. See if you fit any of those criteria.
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Old Oct 30th 2009, 2:49 pm
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Default Re: Tough Situation

Originally Posted by meauxna
No wait. YOU're the spleen.
Maybe I'm the liver.
Not much of my liver left I wouldn't think.
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Old Oct 30th 2009, 10:32 pm
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Default Re: Tough Situation

I just mentioned the first three people that came to my head, but i think it would be an easier task if i were to mention people who's advice should be avoided.. But Folinsky is an immigration gold mine, just by doing a search on his posts, i have learnt so much.

Meauxna, if i was at a POE and i was asked if i have a fiancee, spouse in the US, knowing very well the consequences, i would most probably lie. I know the consequences and thats one question i hope i am never ever asked.

My OH was born in Nairobi, Kenya and has held her GC for 3 years now, so i guess two more years of expensive air tickets and perpetual heartache.

I have read Pulaskis ways, only workable option is H1b, which is becoming more of a dream due to the recession. But i am still exploring what other means are possible.

Lastly i am from Belgium..


Fatbrit/Meauxna, Spleen or Liver, i need both to enjoy my beer...
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Old Oct 30th 2009, 10:40 pm
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Default Re: Tough Situation

Another Valuable lesson learnt from scouring the website..

http://britishexpats.com/forum/showthread.php?t=624065
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Old Oct 31st 2009, 1:44 am
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Default Re: Tough Situation

Originally Posted by fatbrit
Who is Chan?
I think I'm Chan! Although, to be fair, I'm not sure there's any Asian ancestry in my family tree.

Ian
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Old Oct 31st 2009, 1:50 am
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Default Re: Tough Situation

Originally Posted by troyinclogs
I know the consequences and thats one question i hope i am never ever asked.
I'm confused... you say you want to move to the US to be with your girlfriend and child, and yet you're willing to risk a lifetime ban from the US. The day you lie, and are caught - the game is over. End of story.


My OH was born in Nairobi, Kenya and has held her GC for 3 years now, so i guess two more years of expensive air tickets and perpetual heartache.
Sorry... this is sometimes the harsh reality of the situation. **BUT** this is a fixable situation given time. Don't lie. Don't be an idiot... don't screw over something that can be fixed. Yes - you might get turned around at the POE, but if you lie - you're dead in the water.

Ian
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Old Oct 31st 2009, 4:57 am
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Default Re: Tough Situation

Originally Posted by fatbrit
You don't mention which one, or rather your prospective OH's. As some allow dual citizenship (e.g. France) and some are decidedly odd about it (e.g. Spain), this could have a significant bearing on your case.
I'm not sure why you say that about Spain. My wife is from Spain and is a dual citizen. She got her US Citizenship last year and then just had to go to the local Spanish consulate and fill out a form saying she wanted to preserve her Spanish citizenship.

- Eric S.
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Old Oct 31st 2009, 5:00 am
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Default Re: Tough Situation

Originally Posted by Eric S
I'm not sure why you say that about Spain. My wife is from Spain and is a dual citizen. She got her US Citizenship last year and then just had to go to the local Spanish consulate and fill out a form saying she wanted to preserve her Spanish citizenship.

- Eric S.
Because I'm misinformed. Thought Spain was not possible.

Though I went and looked up the OP's scenario: Kenya no and Belgium (just changed) now yes.

So for him to be over earlier the lady will have to kick her Kenyan citizenship.
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