British B2 visa holder wants to marry American girlfriend and remain in US...

[Desertboy 0]

Urgent help and advice please! I've been dating my American girlfriend for 12months now and want to propose and get married. I have a vacation home here in Arizona and met her whilst holidaying. I'm in the US (Arizona) currently and entered in on my B2 visa back in September. I'm due to return to the uk (where my job, home, belongings and family are) at the end of March. If I want to remain here until all is complete what is the process? Once married and green cards are in place, we may even go and live in the uk for a year or 2. The clock is ticking... Do I have to Mary before AOS? Can I adjust status then marry? Help please..

[Pitaya 2,577]

Urgent help and advice please! I've been dating my American girlfriend for 12months now and want to propose and get married. I have a vacation home here in Arizona and met her whilst holidaying. I'm in the US (Arizona) currently and entered in on my B2 visa back in September. I'm due to return to the uk (where my job, home, belongings and family are) at the end of March. If I want to remain here until all is complete what is the process? Once married and green cards are in place, we may even go and live in the uk for a year or 2. The clock is ticking... Do I have to Mary before AOS? Can I adjust status then marry? Help please..

You could try to renew your tourist visa. However, realize that at the end of your tourist visa your must return home while the visa process is ongoing. If you don't leave there may be serious consequences down the road with USCIS. Take a look at the Guides for great information about the fiancee and spouse visa programs. It is a rather protracted process, but the end result is worth it.

Good luck.

[Little_My 464]

Since you are already in the US, you can get married and adjust your status within the US. Before you can start to file any papers you need to marry, after which you would follow this guide:

http://www.visajourney.com/content/i130guide2

It takes around 4-6 months on average to get the GC from filing the papers - but the process can also be longer. To avoid overstaying your current tourist visa, you would have to get the papers to USCIS before the end of March. You won't be able to travel abroad until you receive the advance parole document, which takes around 3 months to get from filing the papers. The process will cost you around $1,500-$2,000 with the filing fees and medical fees.

However - if you are planning to reside in the UK in the near future, I don't see why you would file for a greencard now. Permanent residency is for people who plan to permanently reside in the United States, and to maintain that residency you have to be here. You are allowed to spend time abroad -even substantial time-but you'll have to prove that during that time abroad you've still maintained ties to the US and that the time abroad was temporary. This would be very hard to do, if you would basically move back to the UK for a year or two immediately after receiving your GC. It will be a colossal waste of money and time to file for the GC now just to loose it because you abandon your residence shortly after to live in the UK.

Edited January 13, 2012 by Little_My

[Desertboy 0]

Thanks Little_My! If I opt to marry and the adjust status, would a small legal ceremony (her and I) suffice the interviewers? We would obviously have a larger more formal wedding at a later date when we have more time and funds! Also, do I need to book appointment when I submit papers?

We have dated for 12 months (she came to see me in Uk) and we have all pictures and letters etc!!

[Nich-Nick 3,354]

Thanks Little_My! If I opt to marry and the adjust status, would a small legal ceremony (her and I) suffice the interviewers? We would obviously have a larger more formal wedding at a later date when we have more time and funds! Also, do I need to book appointment when I submit papers?

We have dated for 12 months (she came to see me in Uk) and we have all pictures and letters etc!!

The wedding ceremony doesn't matter. A legal marrige certificate does.

As with anything in immigration, you submit an application then wait for further instruction. Appointments are scheduled by USCIS, except for the one to get a medical exam at the USCIS approved Civil Surgeon of your choice.

Edited January 13, 2012 by Nich-Nick

[Desertboy 0]

What would be best and least stressful 1) Remain here, marry, adjust status and wait for interview etc or 2) return home to the uk in march and apply for a K1?

[Nich-Nick 3,354]

What would be best and least stressful 1) Remain here, marry, adjust status and wait for interview etc or 2) return home to the uk in march and apply for a K1?

Based on some of your comments I don't think you have good understanding of immigration laws.

Do you fully understand that you don't get a brand new greencard then immediately return to the UK to live for a couple of years? You'd better study information about retaining the greencard so you make an informed decision. Getting it is one thing. Keeping it is another.

Do you understand that entering the US as a tourist with the intention of immigrating by bypassing the CR1 or K1 visa procedures and filing for adjustmentof status can have it's own difficulties/stresses? Make sure you thoroughly research the implications before you overstay your current visa.

Perhaps you need an immigration attorney to advise you of the pros and cons of the two things above. I'm not at all saying it's impossible, but that you need to gather professional knowledge before you jump off the deep end without knowing all the rules.

[Little_My 464]

What would be best and least stressful 1) Remain here, marry, adjust status and wait for interview etc or 2) return home to the uk in march and apply for a K1?

The cruel truth to most of us is that immigrating to the United States is stressful no matter which route you choose to take. Sure, if you've overstayed your Visa Waiver visit by 10 years and attempt to AOS, it's probably a tad more stressful than taking the more legitimate and by-the-book CR-1 or K1 route - but under no circumstances is it totally stress-free.

In your particular case, given that you are already in the US, I doubt you would have much trouble adjusting your status within the US. If you know you want to get married and ultimately stay living in the US, and you don't mind not being able to go home for a few months, then you might as well take the AOS route. However, I would like to return to your previous remark about returning to the UK - if that is your plan, then there is No Point in applying for a greencard right no, not through AOS, K1 or CR-1. If you don't plan to live in the US for the next few years, why would you apply for permanent residency?

Let's say you do plan to reside in the US and have abandoned your previous plan to return to live in the UK. If you are looking to eventually immigrate to the US and get a greencard, and want to do it the least stressful and least costly way, my suggestion would be for you to..

1. Enjoy your current time in the US - travel, see the sights, eat some deep fried oreos - and if you feel like it, go and get married and immediately after file the I-130 form for a CR-1 spousal visa

2. Return to the UK before your current authorized stay expires to wrap up loose ends, take care of business such as closing bank accounts etc.

3. Return to the US approximately 9 months after filing your I-130 using your CR-1 visa. You'll immediately become a permanent resident upon entry, and there is no AOS or periods of you not being able to work or travel.

4. Take your American wife for a trip to Mexico or Hawaii with the $1,000 you saved in AOS fees.

[Rebecca Jo 1,962]

You and your girlfriend need to decide where you are going to live before you apply for any immigration benefit.

[Desertboy 0]

Thanks everyone. We have decided our medium term future is here in the US. So now it's to decide whether we rush through with a 'just us' wedding and then apply for AOS or I go home to the UK and go the more formal visa channels to all is approved.

If I opt for AOS, does 1) immigration interviewers from on 'just bride and groom' weddings and 2) how long can I not go back to the uk for?

[ceadsearc 516]

Lots of people get married in civil ceremonies. Not a big deal.

You can't return until your AP is approved, so 2-3 months after filing.