US Citizen wanting to bring UK Citizen to the US - Please help!

[visagirl1976 0]

Hi there everyone....really hope you can help!

Some of you might have seen my previous topics....but just to recap, I am a UK citizen and currently have a P3 Visa which (at the moment!) is valid until September 2014. I have been having problems with my employer and I'm not sure whether he will continue to employ me or not. I met a very nice lady whilst working in the States last year (we are both female and she is a US citizen) and we want to try and find the best way we can be together and also to make sure we can stay together should anything happen with my employment.

So - we got some advice from an immigration lawyer and it all seemed....well.....just too easy. The lawyer seemed think if we were to get married and then file for the relevant Visa that I would be able to stay in the country and she just made it sound like it's just a case of filing this and that and then it's all sorted....but my worry is that we've only been together for 4 months and 2 of those months I've been in London. I keep seeing 2 years as being the magic number, so my main question is does the fact that we've only been together for a short amount of time make a difference? And presumably when we file all the relevant paperwork everything still needs to be approved? Right? Any thoughts would be very appreciated! Thank you!

[Anna Grant 169]

The main question is 'Are you in the US at the moment?'

The 2 years that you have been hearing about is probably about the K1 (fiance) visa. You need to have met in person during the two years prior to submitting your petition.

[ricnally 259]

You should be able to get married and adjust from your work visa without needing to leave.

[Nich-Nick 3,354]

A UK person in the US already on a visa who is married to a US citizen can apply for a greencard (not another visa). It is called adjustment of status...in your case, adjusting you status from p3 visa holder to permanent resident status. The guide is here http://www.visajourney.com/content/i130guide2

The question is, are you committed to a marital relationship or looking for a way to hang out and date? If you can co-mingle your lives and finances, and convince the guy who interviews you locally, then there is no minimum time to be married.

[visagirl1976 0]

The main question is 'Are you in the US at the moment?'

The 2 years that you have been hearing about is probably about the K1 (fiance) visa. You need to have met in person during the two years prior to submitting your petition.

Hi there Anna...no I'm not but I have a P3 Visa until September - trouble is I'm not too sure if my employer will want me to be back there or not as there's hardly any work available for me to do Which is part of the problem I'm having with him.....

You should be able to get married and adjust from your work visa without needing to leave.

That would be great

[visagirl1976 0]

A UK person in the US already on a visa who is married to a US citizen can apply for a greencard (not another visa). It is called adjustment of status...in your case, adjusting you status from p3 visa holder to permanent resident status. The guide is here http://www.visajourney.com/content/i130guide2

The question is, are you committed to a marital relationship or looking for a way to hang out and date? If you can co-mingle your lives and finances, and convince the guy who interviews you locally, then there is no minimum time to be married.

Hi Nich-Nick....no we're very serious about the relationship and it's been awful being away from her for a month She was actually the bass player in the band I was working in so we spent over 3 months in each other's company 24-7 and it felt great. I was in a 10 year relationship prior to this one so I'm not a dating kind of gal, would rather be solid and strong and happy with one person and without making you want to puke this lady is definitely my soul mate!

[Nich-Nick 3,354]

Hi Nich-Nick....no we're very serious about the relationship and it's been awful being away from her for a month She was actually the bass player in the band I was working in so we spent over 3 months in each other's company 24-7 and it felt great. I was in a 10 year relationship prior to this one so I'm not a dating kind of gal, would rather be solid and strong and happy with one person and without making you want to puke this lady is definitely my soul mate!

Then follow the guide and get some things together like a joint bank account, credit cards, get driver licenses at the same address, take photo with friends and family and let your love and commitment shine through at your eventual interview. They only want to be sure you are a real couple and it isn't a greencard scam where you have everything separate and none of your friends/family ever met the spouse. Newlyweds often don't have much together when they apply, but if you work at getting joint things, it will be a bonus to turn in at your interview.

[Teddy B 17,252]

Hi there Anna...no I'm not but I have a P3 Visa until September - trouble is I'm not too sure if my employer will want me to be back there or not as there's hardly any work available for me to do Which is part of the problem I'm having with him.....

That would be great

Entering the US on a non-immigrant visa with the preconceived intent of getting married and adjusting status can be considered as visa fraud by USCIS. This can be a slippery slope if this is the way you decide to precede.

You may want to look into a K1 fiance visa or get married first and then file for a CR1 marriage visa.

[Teddy B 17,252]

Entering the US on a non-immigrant visa with the preconceived intent of getting married and adjusting status can be considered as visa fraud by USCIS. This can be a slippery slope if this is the way you decide to precede.

You may want to look into a K1 fiance visa or get married first and then file for a CR1 marriage visa.

proceed

[Nich-Nick 3,354]

Entering the US on a non-immigrant visa with the preconceived intent of getting married and adjusting status can be considered as visa fraud by USCIS. This can be a slippery slope if this is the way you decide to precede.

You may want to look into a K1 fiance visa or get married first and then file for a CR1 marriage visa.

As I see it she entered to work. She didn't dream up the P3 just to get married. People who are already here on work visas, adjust status. Even those that adjust from VWP get approved when it is much more obvious. Most report their intent (on VWP adjustment) isn't even discussed.

[Teddy B 17,252]

As I see it she entered to work. She didn't dream up the P3 just to get married. People who are already here on work visas, adjust status. Even those that adjust from VWP get approved when it is much more obvious. Most report their intent (on VWP adjustment) isn't even discussed.

She is not currently in the US.

Edited January 10, 2014 by Teddy B

[Teddy B 17,252]

As I see it she entered to work. She didn't dream up the P3 just to get married. People who are already here on work visas, adjust status. Even those that adjust from VWP get approved when it is much more obvious. Most report their intent (on VWP adjustment) isn't even discussed.

I agree that intent is very rarely brought up and intent alone is not enough to deny an AOS application, but it would be a disservice not to make the poster aware of the complications it could potentially cause.

[visagirl1976 0]

Thank you so much guys for all your thoughts Really appreciate it...