Completely new to all this

[TandJ 0]

Hi everyone

I'm completely new to this whole thing, and finding it daunting to say the least. I always thought I was pretty bright, but I'm finding that most of this is going completely over my head.

My situation is this, I am English, living in England currently. I am already in possession of a B1 visa because I have a holiday home in Florida, and usually spend more than the 3 months allowed under the visa waiver programme.

My other half is Scottish, living in Houston, Texas, on a Green Card. He has lived there for 8 years and was initially sponsored by his employers.

I want to move to Houston to live with him permanently, as his wife. He has consulted an immigration lawyer there, who has advised him that it could take us up to 2 years to get a visa which would allow me to live in the USA, but not necessarily work! I knew that they were (quite understandably) clamping down on the immigration process, but is it really the case that it is likely to take 2 years?

From what I have read so far, it seems the K1 visa is the route for us to go - unless it would be better for us to get married now, before we start the application process. Does anyone have any advice on whether we would be better off getting married now and applying for a spousal visa?

Also, in due course, I would like to be able to work in the US. Will that require applying for a different visa once I'm there? Any help anyone could give me would be very much appreciated.

Kind regards

T

xx

[Alex & Rachel 78]

In order to file for the K1 visa your fiancé would need to be a US citizen - which you say he is not; he is only a green card holder.

[TandJ 0]

In order to file for the K1 visa your fiancé would need to be a US citizen - which you say he is not; he is only a green card holder.

Ooh, that completely bypassed me then. Do you know what my options are, as he only has a green card?

Thanks

T

[Alex & Rachel 78]

Um, well, so far as I can tell from the FAQs all of the family-based visas require one of you to be a US citizen, so I'm afraid I can't help in that regard - but hopefully someone else can.

[JenT 0]

In order to file for the K1 visa your fiancé would need to be a US citizen - which you say he is not; he is only a green card holder.

Ooh, that completely bypassed me then. Do you know what my options are, as he only has a green card?

Thanks

T

There are none. You can only be petitioned for by the USC you are intending to marry. Sorry. You'll have to wait for him to receive his citizenship if you want to live in the US.

[raymaga 26]

Your fiance will have to apply for Naturalization, and after becoming a U.S. citizen, he can then petition for you to come to the U.S. with a K-1 Visa (Fiance Visa).

Depending on which office he would be going through for his Naturalization application, it could take up to 18 months for his approval. I applied on September 13, 2007 and am still waiting for my approval and interview.

It may be a long haul for you to get to the U.S. permanently, so you may have to visit until he becomes a U.S. citizen.

Good luck.

[Zee Bee 61]

If they get married can't he petition her as a spouse because he is an LPR?

It would take some time but once he becomes a USC he would be able to upgrade the petition.

[pushbrk 14,106]

If they get married can't he petition her as a spouse because he is an LPR?

It would take some time but once he becomes a USC he would be able to upgrade the petition.

That is correct but it might not really save much time.

[sara..... 371]

If they get married can't he petition her as a spouse because he is an LPR?

It would take some time but once he becomes a USC he would be able to upgrade the petition.

That is correct but it might not really save much time.

but if they did that wouldnt she be refused entry into the usa because she has a home here and then married to person that is residing in the usa .........its just a thought i dont mean to make it more difficult....right now she can come under the visa waver program but wont that change once she is married?

sara