ESC

Click the "allow" button if you want to receive important news and updates from immigrationboards.com


Immigrationboards.com: Immigration, work visa and work permit discussion board

Welcome to immigrationboards.com!

Login Register Do not show

LPR and British citizen

USA immigration, green card questions:
Employment based Green Cards | H-1B visas | Family based Visas | Citizenship

Moderators: Casa, push, JAJ, ca.funke, Amber, zimba, vinny, Obie, EUsmileWEallsmile, batleykhan, meself2, geriatrix, John, ChetanOjha, archigabe, Administrator

Locked
Anmar
Newly Registered
Posts: 1
Joined: Tue Jun 02, 2009 12:37 pm

LPR and British citizen

Post by Anmar » Tue Jun 02, 2009 2:16 pm

I am a British citizen living in UK and my boyfriend is a Green Card holder living in the US.
We want to get married but also aware of the long waiting time (up to 5 years) required for approval of an immigration visa.

All we know is that I can travel for a visit on a VWP program and allowed to stay up to 90 days.
If we marry during my stay, and then apply for my immigration visa (and thus waiting for the 5 years to come), would this compromise any other visa application? Such as student visas or work permits?

A LPR has a uniquely disadvantaged situation in the application process to legally bring his spouse to join him in the US.

Which are the possible solutions for me to reach him?

I really look forward to your kind and useful suggestions.

UKStephen
Newly Registered
Posts: 17
Joined: Thu May 07, 2009 8:36 am

Post by UKStephen » Tue Aug 11, 2009 9:52 am

Unfortunately, as you say, being a Green card holder puts your partner in a uniquely disadvantaged place with regards to sponsorship. A green car dholder can sponsor a spouse, but hte process takes a very long time.

I went through the same thing, married a Canadian while I was living in the US on a green card and getting her into the country was such a nightmare that we left the US.

From my research (do your own, don't trust me on this), you the foreign spouse cannot enter the US at all if your spouse is a green card holder. Visiting the US to be with your spouse shows intent other than just visiting. Of course, they'll never know you're married unless you've already applied for the spousal sponsorship. Which (at least 2 years ago) took about 4 years to process. We crossed the border for a long time just saying she was my girlfriend and that worked, but we never submitted any kind of sponsorship application so the marriage was never in the system.

It might be easiest to not submit the sponsorship application and continue to visit him in the USA (as a 'girlfriend' --- but not live there) until he gets citizenship....then he can properly sponsor you.

Sorry to be the bearer of bad news, but it is one of those US immigration loopholes that has caught out over 400,000 families from being reunited.

His other option is to give up his green card and start again (if possible) with an H1B or something similar, that lets the spouse in from the start.

Marco 72
Diamond Member
Posts: 1102
Joined: Wed Oct 05, 2005 2:53 pm
Location: London

Post by Marco 72 » Tue Aug 11, 2009 11:46 am

UKStephen wrote:From my research (do your own, don't trust me on this), you the foreign spouse cannot enter the US at all if your spouse is a green card holder. Visiting the US to be with your spouse shows intent other than just visiting.
I don't think it should be a problem to visit, if the foreign spouse is able to show ties to his/her country of residence.

UKStephen
Newly Registered
Posts: 17
Joined: Thu May 07, 2009 8:36 am

Post by UKStephen » Wed Aug 12, 2009 9:16 am

Marco 72 wrote:
UKStephen wrote:From my research (do your own, don't trust me on this), you the foreign spouse cannot enter the US at all if your spouse is a green card holder. Visiting the US to be with your spouse shows intent other than just visiting.
I don't think it should be a problem to visit, if the foreign spouse is able to show ties to his/her country of residence.
I stand corrected. In my situation she wasn't allowed to visit as she was self employed (not stable enough in their eyes) and she didn't have a mortgage or a lease....insufficient evidence of ties to home country.

I do know of another couple that were in the very same situation but he had a fulltime job as a tenured professor and a house with mortgage in Canada. They were told to have all of the job / mortgage documents with them when they crossed the border in case of questioning.

Locked
cron