Getting married with no impending plans to immigrate

[VeryNot 0]

My boyfriend is British and we are looking at getting married once his divorce is final. But at this point, neither of us wants to move. We both have minor children and we want to wait until they come of age before we move to be with each other. Right now it looks like I will be moving to England, but that's years down the line. There is a chance if he gets a job that pays well enough for him to have frequent flights back home that he would move to the US before his children come of age, but we aren't counting on that.

We want to get married because we love each other and are committed, and it just seems like the next step. But this will mean years of being a married couple in two different countries. It's not ideal, but we're OK with it.

My questions are these: if he does find an opportunity to move here, how might our being married affect his immigration? If we do get married, is there a way for him to come here and look for a job without having to be sponsored by an employer (this isn't likely as he doesn't want to move without knowing he has a job, but I'm trying to cover all bases)? Most importantly, will being married make it harder for him to visit, over fear he might one day overstay his visa?

We both have strong ties to our home countries: jobs, children, homeownership (though he might have to sell his house in the divorce). I'd like to get married, and I'm fine with us in different countries for the time-being, but I don't want us to get married if it might make it harder to be together in the future.

Thanks for any advice!

Edited June 11, 2012 by VeryNot

[Teddy B 17,252]

My boyfriend is British and we are looking at getting married once his divorce is final. But at this point, neither of us wants to move. We both have minor children and we want to wait until they come of age before we move to be with each other. Right now it looks like I will be moving to England, but that's years down the line. There is a chance if he gets a job that pays well enough for him to have frequent flights back home that he would move to the US before his children come of age, but we aren't counting on that.

We want to get married because we love each other and are committed, and it just seems like the next step. But this will mean years of being a married couple in two different countries. It's not ideal, but we're OK with it.

My questions are these: if he does find an opportunity to move here, how might our being married affect his immigration? If we do get married, is there a way for him to come here and look for a job without having to be sponsored by an employer (this isn't likely as he doesn't want to move without knowing he has a job, but I'm trying to cover all bases)? Most importantly, will being married make it harder for him to visit, over fear he might one day overstay his visa?

We both have strong ties to our home countries: jobs, children, homeownership (though he might have to sell his house in the divorce). I'd like to get married, and I'm fine with us in different countries for the time-being, but I don't want us to get married if it might make it harder to be together in the future.

Thanks for any advice!

Can I ask you what it is that you both want to achieve by getting married now? Knowing that you can't be with each other for many years, it just doesn't seem like marriage would be your best option.

[Waiting_In_SC 28]

Based on what I know about the immigration process (which admittedly, is a fraction of what others on this site know), the biggest drawback to you getting married right now is that you limit your options somewhat for which immigration path you take when the time comes.

For instance, if you are not currently married when you decide for him to immigrate to the US, you can get married and do a CR-1 or a K-3, or you can bring him over on a K-1 'fiance' visa and get married in the US once he arrives. In my opinion, there are positives and negatives to each process, and you would have to decide which one to choose. If you get married now, you're removing (at least) the K-1 from the list of options, and that may or may not be a drawback to you.

[John and Camie 39]

My questions are these: if he does find an opportunity to move here, how might our being married affect his immigration?

It shouldn't if you file for his CR-1/IR-1 while he is there and you are here.

If we do get married, is there a way for him to come here and look for a job without having to be sponsored by an employer?

With a CR-1/IR-1 visa, he gains permanent resident status (i.e., Green Card) upon entry. So, he can come here and look for a job without any problems short of actually getting a job.

Most importantly, will being married make it harder for him to visit, over fear he might one day overstay his visa?

I think you will have challenges with him coming here to visit, especially if he doesn't have an immigration case pending.

We both have strong ties to our home countries: jobs, children, homeownership (though he might have to sell his house in the divorce). I'd like to get married, and I'm fine with us in different countries for the time-being, but I don't want us to get married if it might make it harder to be together in the future.

I don't want to judge your arrangement, as it seems to be working for you two thus far. But when it comes to immigration and marriage, someone has ultimately got to give (i.e., move). Plus, immigration is expensive, emotional and time consuming, so you have got to really, really, reeeallllly be in it to win it.

Good luck.

[snapdragon 9]

I think you both need to spend time discussing what you want and the options that you have - which country ultimately to live in etc. I know you say probably England, but you also mention the USA. You both need to come up with a definite plan.

If you got married and started the process for him to move to the USA, you could stall the process if needs be, by leaving gaps in time before returning paperwork for example (as long as you do it within a year, but you can feasibly stall the process to two years).

My situation is completely different, but we got engaged in December 2009, remained long-distance, got married in 2011, and I'm literally just about to move over to the USA. That's 2.5 years of separation all-in, and that's without delaying my visa process. We committed to this plan even though there have been many times we have second-guessed ourselves about the best route to have taken (even down to which country to live in).What is your timeframe when you say 'years down the line'?

US Permanent Residents can return to the UK for six months at a time, or a year with permission to re-entry, although if they don't have sufficient ties to the US that can be tricky. I really think that would be the best bet for him to spend any time in the USA - having a work visa but being married to a USC might not look great.

Perhaps, if marriage is not the best option at this stage, you could both investigate the Global Entry program to visit each other as much as possible until you are both ready to get married and start the immigration process.

[sms78 18]

If the move will be years later, I don't know what to say. Immigration laws change all the time. Best option right now might not be the best at all 5 years later. I think your situation is unique. A married couple should live together and have a life together. That's at least what the US immigration offices think. Keep that in mind when you make decision. Hope somebody with more knowledge answers your questions. Sorry I'm not helping you at all LOL! Good luck.

[LeftCoastLady 441]

Agree with sms78, if the plan is for no one to move to be close to the other in the near future, it's hard to tell you the best option. For instance, depending on the outcome of the US election in November, who knows what will happen with immigration policies here. Also, if the decision is made that you, the US Citizen, will move to the UK, I highly recommend checking out this thread on the forthcoming changes to UK immigration laws over in the UK forum: http://www.visajourney.com/forums/topic/372449-new-immigration-rules-for-the-uk/

Last, but not least, the K-3 visa is no longer an option. If you were to marry and want to bring your husband to the US, you would have to file the I-130 petition for the CR-1/IR-1 visa. Good luck!