Question:
If we marry before she puts in for a green card do I get a green card when
she does or do I go in another pile?
If we marry then put the paperwork in do I get a green card at the same
time?
What are out best options to be living in the same continent hassle free as
soon as possible?
Answer:
Both my girlfriend and I are Brits. She has a P visa and lives six months a
year in the US where she has a house.
I live in the UK and spend on average three months a year in the US just
relaxing and not working. I have a degree although work in a profession that
has nothing to do with what I studied at university.
She is in the process of putting in for her green card although the
paperwork has not been formally sent in yet. She also has a further 3 years
on her P visa.
We have been going out for six years and think the time to get married is
near. The whole relationship is legit and can be backed up with photos of
holidays etc.
If we marry before she puts in for a green card do I get a green card when
she does or do I go in another pile?
If we marry then put the paperwork in do I get a green card at the same
time?
What are out best options to be living in the same continent hassle free as
soon as possible?
Once married you can accompany her on her trips to (or join her in) the US
on a P-4 visa. If you are in the US on a B-visa you can file a change of
status to P-4.
Note that while a P-visa allows immigration intent, at the same time it
requires maintaining a residence in one's home country.
Just one other thing do I have to stay out of
the US whilst the green card is being processed or do I apply for a another
visa whilst waiting or do I go in on the I94 that I currently use. I only
ever go to the US as a tourist and don't work when there.
Entering the US as a tourist while an immigrant petition is being processed
can be problematic because a tourist visa (or a Visa Waiver) does not allow
immigration intent. P-visas do allow immigration intent.
An I-94 card authorizes your stay in the US. It is surrendered when leaving
the US
Are you an immigration lawyer? Maybe when I come to do the paperwork
I can put some work your way. Does your company have a website I can take a
look at?
Be sure to consult with a real attorney. What you pick from the Internet
should enable you to communicate with him/her at the same level.
As you helped here so well I wonder if you could help here?
I am writing this on behalf of someone in the twobrits.com forum. He
has a conviction in his past of which he is not proud and he wondering
how it will affect him when he marries his girlfriend (a US citizen).
He is currently in the US on an H1B visa.
His conviction gave him 2 years probation for harrassment a few years
ago. Will this cause problems when he applies to change his H1B status
to a naturalized citizen? Also what is the process he needs to go to
for naturalization from H1B status?
After getting married, he will first apply for a Conditional Green Card.
That is done by means of an I-130 petition for an immediate relative of a US
Citizen filed by his US Citizen wife on his behalf, together with an I-485
application to adjust status to Conditional Permanent Resident.
90 days before the end of the second year as a CPR, he can file an I-751 to
have the conditions removed from his GC. He will then get an unconditional
GC valid for 10 years.
Applying for US Citizenship can be done by means of an N-400 application 3
years after obtaining the conditional GC.
Whether the harassment conviction will impact his GC process, I'm not sure.
There are several people on this forum who are much more knowledgeable then
me regarding this. I'm hoping one of them will jump in here.
