Antonis

Hi.
I am currently living in UK. My girlfriend is American from San Francisco, and we are thinking of moving to the US. I am a professional here in UK in the area of computing. I would appreciate if anyone could put me in the right direction. I am not aware of the immigration procedure (i.e do I need a visa? a green card? ... how long does it take to be processed.) I have heard that the are several ways of proceding including mariage or employment.
Please help!

Thanks in advance
Regards

Antonis

NorthSouth

Your MAIN routes into the US are:

1. Marriage to a US citizen in which case you apply for conditional permanent residency (a temporary green card, which is renewed after 2 years and proving to the INS that your marriage in bona fide)
2. Sponsorship from a UK company to transfer you to the US on a visa.
3. A US employer sponsoring you - this will be extremely difficult in the current economic climate. The employer needs to prove you have exceptional skills and experience in a field such as medical/legal/arts/business. They need to show there isnt a native who is as qualified to do the job as you....its an expensive and difficult process, very very few employers are willing to do since they are bombarded with applications from qualified candidates as it is with so many people out of work.
4. Sponsorship from your US blood relatives, mother, father etc.
5. Investment in a business that provides jobs for citizens and permanent residents.

These are your options, I would suggest if you have plans for the future to marry, then you should wait till then.
Do not enter the US with immigrant intent (ie the intention to look for work) if you enter as a tourist under the visa waiver program - it is an illegal method.

Good luck

Antonis

Thank you very much for your reply.
It seems that the best way forwards for me is entry be marriage. Suppose that I get married here in UK to my American fiancee, could I travel to US the next day? Or would I have to apply first for that temp visa and travel to america when I receive it?

The reason I am asking is because we are planning to go there next September so I am looking for jobs.

Regards
Antonis

Rete

Sorry that won't work. If you marry your USC fiancee outside of the US you will have to remain outside of the US in the UK until the I-130 is approved in the US by the INS Service Center, then forwarded to the NVC and then to the US Consulate in London where you will have to complete certain documentation and await an appointment for an interview. Timeframe is approximately one year of being married and being apart. There is a K-3 which she can apply for after submitting the I-130 and getting the first notice of action. That K-3 also means approval at the Missouri Service Center and then forwarded to NVC and then to the US Consulate in London and again you need to complete the documentation and have an interview. Timeframe for the I-130 with the K-3 is approximately 6 months. Then when you enter the US you have to still file for the right to work and for adjustment of status to permanent resident.

The easiest way is to have her apply for a Fiancee Visa for you via form I-129F. After approval of the I-129F here in the US at the INS Service Center governing her living jurisdiction, it is forwarded to the US Consulate in London, you complete the documentation, return checklist to the US Consulate and will be given an appointment for an interview. Once the interview is done and you are approved, you can then enter the US as a Fiancee and must marry within 90 days of arrival. After marriage you file at the local INS level for adjustment of status. Timeframe for the Fiancee Visa is 5 to 6 months depending on where she lives.

Suggest strongly that you read the following URLs for more indepth information regarding:

http://www.txdirect.net/users/mike38/k1faq.htm

for the fiancee visa

http://k1.exit.com/k-3frames.html

for the I-130 and K-3 while you are out of the country.

Rete

BTW NorthSouth was incorrect in his statement:

'1. Marriage to a US citizen in which case you apply for conditional permanent residency (a temporary green card, which is renewed after 2 years and proving to the INS that your marriage in bona fide)"

A conditional permanent resident is one that has adjusted status prior to the second wedding anniversary. The green card is good for two years and is NOT renewable. What it means is that 90 days before the expiration of the two year green card, the conditional permanent resident must submit form I-751 to the INS Service Center for the removal of conditions. They must prove their marriage is ongoing and legitimate by the submission of documentation that attesting to their living as husband and wife and have co-mingled their lives socially and financially.

If the couple has divorced before the expiration of the two year green card, the conditional permanent resident may apply for removal of conditions in the same manner even though the marriage is no longer valid. They do have to prove that they entered into the marriage in good faith.

Rete

meauxna

I read this situation as if both of them are living in the UK. OP, are you?

Antonis, if both you and your g/f are living legally in the UK, you and she may be eligible to do Direct Consular Filing, potentially cutting your processing time down to 3-6 months. This would be the path for a Green Card based on marriage.

Antonis

Great news, thank you very much for your help
Antonis