Marrying US LPR- Advice needed please..

[sadie. 0]

My boyfriend and i need advice on our best option to remain together.

We have been visiting each other for 10 months on various visas.

i am from Australia. I am currently here on a B2 visa, expiring in September 2010.

My boyfriend has been a LPR of USA for 21 years and is currently in the process of having his citizenship approved.

We have been looking at visa options for us to remain together. We understand that a fiance visa is not an option for LPR's.

We want to get married so we can remain together in the USA, however time is an issue as my visa runs out in September. My question for this option is:

About how long does the CR visa (family second preference) process take from filing of petition, to approval? I understand there is a limited number that are approved per year.

We are looking at the best option that will mean we dont have to be apart for a long amount of time. Our other option is for my boyfriend to move to Australia with me. I understand that this would possibly mean that he would be jepordising his chance of citizenship as it is still in process. That would mean that he would also jepordise his Green Card after one year of living in australia. My question for this option is:

Does anyone know how long the citizenship process might take? (he applied in may)

Does anyone know the process of maintaining a Green Card while living abroad? I breifly read that it entails re entering the country every year and providing proof that you still have residence in the US.

The second option is looking more viable to us, however we dont want to jepordise his citizenship if we leave before it is approved.

Any advice would be appreciated.

[sachinky 464]

Your best bet would be for your fiance to first get his US citizenship and then file for either the K-1 (fiance) or CR-1 (spousal) visa for you. You will have to leave the U.S. once your visa expires and wait out the processing time in your home-country. You can, of course, visit, providing you show proof of ties.

You can research those visa options and see which one works better for you.

CR-1s will take anything from 6-8 months from filing to visa approval.

Edited June 15, 2010 by sachinky

[sachinky 464]

CR-1s are immediate relative visas (spouse of USC) are not subject to any wait-time for a visa number to become available. There is no cap on the number of visas.

Read the guides, compare the options and let us know if you have any other questions.

I'm not sure how long the process to become a USC is but I imagine it can't be more than 6 months. Someone else will chirp in soon enough.

[sadie. 0]

thankyou. However im not sure if i am able to visit once i leave- as come september, i will have stayed for 6 months of this year. I have been told that the B2 visa only allows me to stay in the USA for a maximum of 6 months out of any calender year. That would mean that i would have to wait a minimum of 6 months before visiting.

We are considering seeing a lawyer to help us with the options.

[Brother Hesekiel 2,235]

Or . . . once your boyfriend becomes a US citizen you get married here and you two lovebirds then file for adjustment of status. As long as this wasn't planed when entering the US, it's a perfectly viable proposition, done thousands of times every year. Cost: a notch over a $1K.

Advantage: no time apart.

Disadvantage: you can't leave the US to wrap things up at home until your AOS application is decided upon, which will take several months during which you are not authorized to work.