Green Card and Marriage, please help me

[danielenglish 3]

Hi everyone,

I am writing to you guys because I'd like to get some informations about my situation as I am bit confused

Some months ago I became permanent resident of US but I've not moved yet because I still need to organize something here in UK.

I live with my girlfriend and we would love to get married before leaving England in order to file the I-130 form as soon as possible.

Whit regard to this, her relatives (american citizens) suggest us to do so before going to the US as that might make things a bit easier (and faster) than if we got married in America.

However, I am not sure about getting married in England or Italy (which is our country) because I believe the law that will apply to our relationship is a crucial point and it should be evaluated carefully.

Aside from this "issue" (that I'll probably have to solve with the help of an immigration lawyer), I am wondering how long it will take before she can legally move to the United States.

As far as I know, if I am the only one who has the green card, we are not allowed to stay together until she becomes green card holder, too.

Is that correct?

More in general, would you be so kind to give me some idea about each step (and, if it is possible, the time frame) we need to follow from when we are married to when she can get the GC?

I hope I am not asking you that much and in that case I apologize in advance but I'd really love to make my situation clearer as I don't want to spend years away from my girlfriend/wife once I'll have moved to US

Many, many thanks ..

[Darnell 8,478]

if you have permanent resident status in the USA with out having a green card,

then

you need to study that visa in your passport, look at the expiration date, and refactor your plan.

if yer lass holds a UK or Italy passport, she can transit in to the USA with you using ESTA and VWP.

clear as mud? maybe ! tell us more?

Edited January 20, 2014 by Darnell

[danielenglish 3]

Hi Darnell,

Thank you for your answer but I am afraid I didn't get the message...

I have the green card but why I don't need to file the I-130 form?

Unlike me, she is not permanent resident..

[Penguin_ie 5,993]

- How did you get your greencard? When were you last in the USA? A greencard holder, like you, who stays outside the US for too long may loose their permanent residency (as the name imp-lies, you are supposed to live/ reside inside the USA),\

- Do you actually have the greencard, or just the visa? If greencard, it does not matter where or when you marry. If visa, you may invalidate your visa if you marry, depending on the type of visa.

[danielenglish 3]

Hi Penguin,

I was randomly selected during the DV-Lottery 2011, had the interview in april 2013 (and the Visa printed on my passport), did the first entrance in US in july 2013, received the GC in august 2013.

According to this timeline, I have to be in the US by the end of july 2014.

As a green card holder, I know that it does not matter where or when I get married .. however, it matters in terms of lenght of the process I have to start (form I-130 and so on) before making my girlfriend (future wife) a green card holder as well.

I wrote that I'm not sure yet about the place I'll get married (Italy or England) simply because I'm not aware about the "easiest and more convenient" way to do so.

I am writing as I'd like to get some understanding about the whole procedure we'll face after getting married until she can get the GC.

In particular, I'd appreciate if someone could give me an idea about the time frame of each step as the less we live away from each other..the better

[Darnell 8,478]

i suggest you revisit your next entry time into the USA,

as

if it's been more than 6 months,

CBP will give you extra scrutiny at the airport.

[danielenglish 3]

Thank you Darnell!

I am conscious of the difference between the "first 6 months" and the "second ones" (starting from the day I left the US; it was the end of July 2013) but, unfortunately, I can't be there within the end of January (which means by the "first 6 months").

At the POE I will show any proof I've got in order to demonstrate my "bona fide" (among the others: SSN and American Bank Account) and I will keep my fingers crossed

At the moment, I am rather thinking about the fastest way to give my future wife the GC and, as I said, I am still in doubt regarding the place where I'll marry her ..

Edited January 20, 2014 by danielenglish

[apple21 953]

Better to marry her in your home country, either England or Italy. Once you're back in the US, file i130. She will immigrate in a year or more depending on the movement of the F2A category in the Visa Bulletin.

[Penguin_ie 5,993]

It currently takes a bit over a year for a greencard holder to bring his wife, from first filing to interview. You can see the waiiting times for various visas here: http://travel.state.gov/content/visas/english/law-and-policy/bulletin/2014/visa-bulletin-for-february-2014.html

The process is here: http://www.visajourney.com/content/i130guide1 it is the same for citizens and greencard holders, but can potentially take longer for greencard holders.

The only difference between marrying in Italy or the UK would be: how quickly can you get a marriage cert in each country? You need the cert to send off with the I-130 petition, and some countries give it to you the day of marriage, whereas in others, you need to wait for several weeks to get it.

[danielenglish 3]

"Apple 21" and "Penguin", I am really, really grateful for your answers!

They have helped me a lot in clarifying the situation

I will follow your suggestions and first thing tomorrow will be asking for the requirement to get married in England as I'm currently here.

Then I'll probably plan the wedding and ..well, one step at once

"Penguin", thanks a lot for the links you've posted, they will be useful once I'll be married!

Should I have some doubt I hope I can ask you guys!

It's been very kind of you