The Good Ol' Green Card Process
 

I've been in the US for over 7 years - 1.5 years on a J1 Visa and 5.5 years on a H1B. My H1B visa is about to expire which would normally mean green card time but with the economy in the tank literally thousands of people applied for my job (Marketing) so the lawyer didn't feel comfortable putting the application through.

So that leaves me going home in a few months - except I have a girlfriend who is willing to marry me to allow me to stay in the states. Now we all know the situation with that - takes 3 months until i can get work/travel authorization and then a couple of years to the green card.

However, i'm supposed to leave in Jan and trying to organize a wedding in a few weeks is unfair on her and my family who would have to pay thousands to come and fly over in such short notice.

She's willing to move with me to the UK but i'm worried this could cause bigger issues. So my questions are:

1. If I leave to go back to the UK, how can she come with me if we aren't technically married AND for her to still work in the UK? Is this even possible? Is education a route?

2. If we get married in the UK in 2010 or 2011, how easy is it for me to return to the US to live and get a job?

I think those are the major ones - any help is appreciated!

Cheers

Mike

Re: The Good Ol' Green Card Process
 

Well you could have a quick courthouse wedding here and then at a later date do a blessing (or whatever its called) in a church for all the family. I've known Americans bring weddings way forward to get onto fiance(e) health plans when they lose their own plans through job loss.

Re: The Good Ol' Green Card Process
 

Hey when you're wrong, you are wrong.

Marriage-based visas. You marry your USC fiancee (you are here on a valid visa and don't have to sweat the intent issue, lucky man), when you get the marriage certificate back from city hall, you complete forms I-130, I-485, I-765, I-131, G-325A's, have a medical, include all the forms and send them all out together.

You are right. It will take from 60 to 90 days to get your EAD. But the good part is that you are doing this at the right time. Many people are now adjudicating to permanent resident within 3 to 6 months.

BTW you are within a pending status while you wait and won't have to worry about being deported.

Have a civil ceremony now and then plan a big reception for all your friends and families worldwide for the spring. Hell we planned our wedding within a few very very short months and it was fab.

What have you got to lose? Perhaps you don't want to marry?

Re: The Good Ol' Green Card Process
 

Hi Mike

I agree with the above - quickie wedding, (Vegas baby,) and plan a bigger affair for next year. Friends of mine just did this (both US citizens) so that they qualify for a military families mortgage. It's not a big deal.

But I'll try to help with your questions.

You don't need to be married - in contrast to the US the UK recognizes civil partnerships in immigration law. See
here for more info. Basically you have to prove that you are in a civil partnership, and it's not just for same-sex partners. She'd have the right to live and work in the UK as soon as you arrive. There's another board called 'uk yankee' (google it) that is geared toward Americans moving to the UK - the regulars over there are very knowledgeable about the UK system - leave to remain, further leave to remain, indefinite leave to remain and all that.

Not as easy as doing it in the US right away (see above - Vegas baby.) But still pretty straightforward. You have to give yourself 8 months to a year from the date you apply until you'll be ready to immigrate to the US. See the wiki linked from the top of this page (CR-1) and countless threads for more info.

But if you want to take this opportunity to go back and live in the UK for a few years - reconnect with your roots - this is probably the way to do it. If you were to apply here in the US, get your green card and then head over to the UK for a couple of years you'll bump up against issues of abandonment which are a royal pain in the apse.

Good luck.

Re: The Good Ol' Green Card Process
 

If you are in the US already and want to stay here, and love your GF - it's a no brainer.

Marry her tomorrow and file the paperwork ASAP.

With a move to the UK it could all go pear shaped, plus apparently she'd be giving up a job here which seems stable (I presume). The UK economy is in the tank just like the UK, so your prospects aren't any better back home.

Re: The Good Ol' Green Card Process
 

I agree with what everyone is saying about the quick courthouse wedding - I did exactly that, as my wife was following me out of the country to an army base in Cyprus and I needed to be married to get her a passport stamp and arrange our married quarter. Had the proper wedding/blessing/whatever you want to call it a few months later.

Re: The Good Ol' Green Card Process
 

Hey Geordie Mike...

Just reiterating what everyone on here said... I'm kindof in the same situation work visa expiring not enough time to plan a wedding. At first it was hard thinking of giving up the idea of planning the perfect wedding. But then I listened to the advice I was given and realized we could have it all.

My fiancee and I are getting married in Vegas on Saturday - in 3 days!
We're actually super excited about it all now. Plus we can still have a proper wedding or throw a party or whateveer we want later. Assuming the AOS goes well we have all the time in the world to plan a proper wedding...
But what's important is that we will be together. Plus we are going to have a great time in Vegas :)

Re: The Good Ol' Green Card Process
 

Thanks to all - great advise!

Mike