red_onion

Hello, I friend of mine wants to marry a GC holder. They have been seeing each other for a couple of years. Even though she has not much interest in living in the US i guess the distance is taking it's toll and she wants to move to the next level. He isn't very keen to move to the UK either. What she wants to find out is

- Can she marry a GC holder and qualify for residency?
- What is the process and how long does it take at current wait time?
- Are there disadvantages of marrying someone who is not a citizen? By that I mean can she still visit the US through VWP while the process is on going?
- What happens when he becomes a citizen which I believe is in 2016? would the visa priority change?

Thank you in advance.

ian-mstm

Yes.


They must be married before they can begin the process. Once married, he submits an I-130 petition to start the process and secure her Priority Date. Once the PD becomes current, it'll take about 10 months or so for her to get a visa. She's probably looking at about 2.5 years from the time the I-130 is submitted to her getting a visa.


Yes... the long wait.


Yes, on the assumption that's she's otherwise eligible to use the VWP.


Yes. Once he naturalizes, a visa number will become immediately available and her PD will become current. At that point, she's looking at a wait time of about 8-10 months to get a visa.

Ian

Noorah101

It sounds like they don't really want to live in each other's countries, though? What was their long term plan? Live in a third country they both find appealing?

Rene

red_onion

Ian, thanks mate. Are there any benefits in applying now rather than wait till he gets his citizenship? By that I mean time-wise? I also heard she may be rejected for other visas if she has pending marriage application. Not sure how true this is.

Rene, I honestly don't know. I guess she feels she can be persuaded if the process isn't complicated and she find a job which she likes doing. She's a nutritionist by profession.

Pulaski

This doesn't sound like a solid foundation for a long and happy relationship.

ian-mstm

Well, he can't apply now - they must be married first... but, yes. It secures her priority date. Even if he's eligible for citizenship, it'll still about a 6 month process - and if there are any delays... who knows? Those delays won't matter so long as they're married and she has a solid priority date. He wouldn't need to file a new I-130 - he'd just need to inform US immigration that he's now a USC and to update his petition accordingly.


It isn't true.

Ian

ian-mstm

That was my take on things also. It doesn't sound like there's any real future in their relationship. One of them will need to move across the pond... and it sounds as though that person is going to be miserable - and that's no way to live.

Ian

Noorah101

The immigration process is not really complicated, but there is a lot of paperwork, fees, and in her case, a lengthy wait. She wouldn't really know if she can find a job she likes in the USA until she actually immigrated here, a couple of years from now.

A nutritionist job is not likely to lead to a work visa, so she shouldn't worry about not qualifying for any other visa while the Immigrant visa is in process. Unless she was thinking of a student visa. .. that one might be hindered because students usually need to show non immigrant intent.

To my outsider's interpretation, it sounds like neither one of them are actually ready for marriage and the big commitment of relocating overseas.

Rene