Boyfriend with green card moving back to US for his work - how to accompany him?

[AliceB 0]

Hi,

I have been reading a lot online but unfortunately it all seems quite confusing to me. I was hoping you guys could give me some advice.

I'm Mexican and am currently living in the UK on a resident card visa. I moved here about 2 years ago. My boyfriend, who holds the green card, and with whom I have been together for over 5 years has been staying here with me for his work (with a re-entry permit). Now he needs to move back to the US and wants me to come with him. Unfortunately it seems more difficult that anticipated, since I do not just want to come as visitor, but want to be able to work in the US as well, just like I can in the UK.

My boyfriend’s company has frequently sponsored people to move to the US and those people were able to bring their spouses, children, etc. It seems that this time it’s not possible, just because he already holds a green card. Is that true? What other options would the company have to get me over as well, on the back of him going back to the US and continuing to work for the same company? After all this must happen all the time, and large corporations typically do not want to separate the family..? Please let me know.

Alternatively, since we’ve been together for so long, is there any way to declare us being domestic partners, which would allow me to get a visa to be with him? Again, his company would try anything to make this happen, but we need to have a good idea in advance of what we need to do.

Last but not least, I know I could get married to him, but apparently only in the UK, since a fiancé visa like the K-1 doesn’t seem to apply to green card holders, only US citizen. However, even if I do that, the waiting times seem huge; I read that it can take up to two years! How long would I need to wait? (I heard Mexicans have the worst waiting period).

Note, I currently hold a B1/B2 visa for the US, which expires in 2017. Is it realistic that I move to the US first (without a job) and then try to get an H1B visa? Or something like that?

Lastly, I do work for a multinational corporation with subsidiaries in the US, but it seems very unlikely that they would offer me a sponsorship for the US, mostly because I am relatively new there and only hold a junior position. But maybe you guys can think of some way nonetheless.

Any help would be VERY MUCH appreciated!

Thank you for your replies

Alice

[aleful 1,905]

hi

you can marry him wherever you want to, but once he is here he has to petition you and that takes around 2 years

it isn't easy to find a company to sponsor you, what type of education do you have? what degrees do you have that a US company would need to hire you?

you can come to visit him but never overstay

[Dohan 133]

As a green card holder he can petition you only if you are married so you would have to stay in the UK and wait for the petition to be approved and go through. US does not offer visas for domestic partners, I have seen some discussions where the B2 visa can be extended several times up to a total stay of one year if you are there with your domestic partner but this will not allow you to adjust to a green card after.

Ask your company if they can do anything for you, explain that your partner is relocating to USA for work purposes and that you love working for them and if there is anything they can do. UK companies are a lot more understanding and respectful of domestic partnerships because under UK law if you have been living together for a certain amount of time as if you were a married couple you have certain rights.

[hari29 24]

As a citizen of mexico you can apply for a TN1 visa. Its lot easier than a H1B visa. Look into that

[Illiria 980]

under UK law if you have been living together for a certain amount of time as if you were a married couple you have certain rights.

No this is not true, what you refer to is misconstrued as a legal marriage, sometimes called common law marriage, which was reputed to be legal after mere cohabitation this rumor was from the 1970s onward. In Scotland they did have something called irregular marriages but this wasn't permitted after 1940. Apart from the version until 2006 where you had to pretend to be married and have everyone call you mr and mrs as if you were and that be all people know you as.

https://www.citizensadvice.org.uk/relationships/living-together-marriage-and-civil-partnership/living-together-and-marriage-legal-differences/

Edited February 17, 2016 by Illiria

[Coleman21 6]

I heard that if you marry a green cardholder, it will take about 10 years for you to get a green card. I just heard it, but I can definitely say that getting a green card through marriage to a green card holder takes way longer than getting a green card through marriage to a US citizen.

[Merrytooth 5,748]

I heard that if you marry a green cardholder, it will take about 10 years for you to get a green card. I just heard it, but I can definitely say that getting a green card through marriage to a green card holder takes way longer than getting a green card through marriage to a US citizen.

It is not 10 years to get a green card for spouse of Green card holder.

Depending on the priority date functuation, it takes about 1-2 years.

[Coleman21 6]

Oh, that's way shorter than 10 years! Thanks for educating me. Can the person wait for their case to be approved in the US for 2 years? Do they have to have a different kind of visa valid while waiting? I'm curious.

It is not 10 years to get a green card for spouse of Green card holder.
Depending on the priority date functuation, it takes about 1-2 years.

[Merrytooth 5,748]

Oh, that's way shorter than 10 years! Thanks for educating me. Can the person wait for their case to be approved in the US for 2 years? Do they have to have a different kind of visa valid while waiting? I'm curious.

The answer is no. You can come visit but cannot remain past the allowed time.

If you are in the US, in status, when a visa number becomes available, you can adjust status to a LPR.

If you are out of status inside the US when the visa number becomes available, you cannot adjust status.

If you come on a student visa or a work visa when a visa became available, then you would be in status and could adjust.

[Darnell 8,479]

As a citizen of mexico you can apply for a TN1 visa. Its lot easier than a H1B visa. Look into that

I echo this path - and suggest that the company she works for will have an easier time with the 'support' and paperwork. It's a cool thing, really !!!!