British Expats - Can I do it?:(

Greetings,

A case like yours is very common. One of my closest friends has been thru this
recently. Unfortunately, your options are very limited.

Getting married now is definetely *not* the way to go. If both of you get married
now, there is no way you will ever get any kind of NIV visa, whether F-1 or B-1/B-2.
Your best bet is to secure either employment (via H-1B) or a school admission (F-1)
and then come to the USA. If you say that F-1 is difficult to get, you can also try
for H-1. H-1s are normally easier because they have been thru a more rigourous
approval process. Also, if you are not married and apply for an F-1 or H-1, you need
not lie on the application form. [There is a column where you have to state whether
you have any close relatives in the US].

Your other option is to secure employment or school admission in either Canada or
Mexico and that way, your fiance is closer to you. Depending on where your fiance
lives in the USA, Canada or Mexico can be a few hrs. drive/flight away. Since he will
have a GC, he can visit you as often as he wants without any trouble.

Other than this, the only other technical possibility is an extreme one. Don't do
this unless both of you really need to be together ASAP. Your fiance can persuade
his employer (if his GC is employment based) to sponsor him for an H-1B. He can then
surrender his GC, come back to his country and get an H-1B from the consulate. At
that point (after he surrenders his GC), both of you can get married and you can be
with him on an H-4. Upon arrival in the USA, his employer can file a fresh GC
process for him. That will take time, but at least both of you will be together
during that time.

Needless to say, for this to work, your fiance will need the full cooperation of his
employer as well as a good immigration attorney.

All the best.

blue_chris <[email protected]> wrote in message
news:<[email protected]>...
    > Hi there,
    > One question want your helpy, :)
    > My boyfriend got his green card this month, so he can go back home and get married
    > with me, but due to the US immigration law, greedcard's wife have to wait for three
    > year and then go to the States. That's a long time for us. And since any kind of
    > visa is difficult to get in my homeland, Shanghai, China. it might be difficult for
    > us to see offten, this is too bad.... :( So I am thinking of getting married first
    > and then applying F1 visa by myself, by this way I can go to US in a short time.
    > But I am not sure whether it is a good way for us, some people said if we got
    > married before the F1 visa interview, it will have a bad effect on the application,
    > coz visa officer will treat we with immigration intention. But if we didn't ger
    > married, VO will still think i have immigration intention. F1 visa in China is the
    > most difficult one to get, so many students are rejected every day...:(
    > So what can we do then? Does this mean we have no way to be together in a short
    > time, and have to waitting for long long three years? Actually what I worried about
    > is, if we get marriged and I go to apply for the F1 visa, will the visa officer
    > tell me I have no right to apply for it by then since I had already married with an
    > american, and suggest me to wait for those serveral years? Who can tell me...:(
    > Thanks for your kind reply!!