I-130?

[Tabby]

If I am a Canadian Citizen, living in the U.S. with a valid Green Card and I wish to marry a U.K. citizen living in the U.K. and live together in the U.S., what is the best route to go? Should I get married before or after I get my citizenship, and in either case when we file the I-130 will she able to come and live/work here immediately?

Thanks in advance.

[Tabby]

If I am a Canadian Citizen, living in the U.S. with a valid Green Card and I wish to marry a U.K. citizen living in the U.K. and live together in the U.S., what is the best route to go? Should I get married before or after I get my citizenship, and in either case when we file the I-130 will she able to come and live/work here immediately?

Thanks in advance.

[Lord Chief Justice, Master of the Buckho]

Here are possibilities if you want to live together in the US:

1. Marry as an LPR when your wife is in the UK (or any other country) = you can file an I-130 and in about five years (or more) she can get an immigrant visa and join you in thee US. Between filing the petition and receiving the immigrant visa she will be inadmissible to the US.

2. Mary as an LPR when your wife is in the US = file an I-130 and in about five years she can file for adjustment if she stays in status (student visa, employment visa, etc.)

3. Become a US citizen = file an I-129F and eventually she can come to the US as a fiancée.

4. Become a US citizen and marry in the UK = file an I-130 and wait 18 months for an immigrant visa.

5. Become a US citizen and marry in the UK = file an I-130, and then file anI-129F. She gets a K-3 around 6 to 9 months and comes to the US. Apply for adjustment (green card)

6. Become a US citizen and if she is already in the US on a visa or visa waiver = file for adjustment at your local BCIS office. This also works if you started #2 above, but she fell out of status (visa overstay)

7. Become a US citizen and marry an EWI illegal alien (she went to Canada and walked across the border) = Wait for 245(i) or amnesty (not anytime in the foreseeable future). OR, go through the removal process and have the judge grant adjustment. OR, file an I-130, and after the I-130 is approved, go for Consular processing at the US Embassy (Consulate General) in her home country. File an I-601 for the extreme hardship waiver. Wait a year or two and she may get an immigrant visa.

The Grand Poo-Bah
Lord Chief Justice, Master of the Buckhounds and Groom of the Back Stairs

[Lord Chief Justice, Master of the Buckho]

Here are possibilities if you want to live together in the US:

1. Marry as an LPR when your wife is in the UK (or any other country) = you can file an I-130 and in about five years (or more) she can get an immigrant visa and join you in thee US. Between filing the petition and receiving the immigrant visa she will be inadmissible to the US.

2. Mary as an LPR when your wife is in the US = file an I-130 and in about five years she can file for adjustment if she stays in status (student visa, employment visa, etc.)

3. Become a US citizen = file an I-129F and eventually she can come to the US as a fiancée.

4. Become a US citizen and marry in the UK = file an I-130 and wait 18 months for an immigrant visa.

5. Become a US citizen and marry in the UK = file an I-130, and then file anI-129F. She gets a K-3 around 6 to 9 months and comes to the US. Apply for adjustment (green card)

6. Become a US citizen and if she is already in the US on a visa or visa waiver = file for adjustment at your local BCIS office. This also works if you started #2 above, but she fell out of status (visa overstay)

7. Become a US citizen and marry an EWI illegal alien (she went to Canada and walked across the border) = Wait for 245(i) or amnesty (not anytime in the foreseeable future). OR, go through the removal process and have the judge grant adjustment. OR, file an I-130, and after the I-130 is approved, go for Consular processing at the US Embassy (Consulate General) in her home country. File an I-601 for the extreme hardship waiver. Wait a year or two and she may get an immigrant visa.

The Grand Poo-Bah
Lord Chief Justice, Master of the Buckhounds and Groom of the Back Stairs

[Tabby]

Thanks.

My thinking was to wait until I am a U.S. Citizen (~September 2005), get married to her in the U.K., then come back to the U.S. and file my I-130 and then she can join me immediately. I don't think she would have to wait because she would be family 1st preference which means she doesn't have to wait for a Visa Number, she will get an I-551 valid for two years automatically while she waits for her green card. Not only will she able to come to the U.S. immediately, but then we can file for her work permit.

Also, why would I file a K (Fiance) visa if I am married, doesn't make sense.

Is this correct thinking. No waiting for this route?

[Lord Chief Justice, Master of the Buckho]

For US citizens who marry outside of the US

The visa number is immediate. However, the I-130 currently takes BCIS around a year to approve. The approved petition is then sent to the State Department's National Visa Center. The NVC processes the paperwork for your part of the immigrant visa application. This can take several months. The file is then sent to the US Embassy (Consulate General) in her home country. The Embassy conducts the interview and processes the background check and medical exam. Again, this can take several months. During the time between when you file the I-130 petition and when she receives her immigrant visa, she will not be able to enter the US (unless she can overcome the presumption of immigrant intent.) So even though the visa is immediately available, it will be close to two years before your wife gets to the US.

The Grand Poo-Bah
Lord Chief Justice, Master of the Buckhounds and Groom of the Back Stairs

[Lord Chief Justice, Master of the Buckho]

For US citizens who marry outside of the US part II

Congress in its infinite wisdom, saw the problem faced by US citizens who married abroad and preferred to actually live with their spouses. So instead of changing the law for immigrant visas, or increasing the funding for Immigration to decrease the backlog, they created a new visa- the K-3. Unfortunately, the application for the K-3 still has to go through Immigration, it can not be done directly at the US Embassy. So the US citizen gets married, files an I-130, and after getting the receipt files an I-129F (same form as a fiancé(e), but for a spouse), then the approved cases are sent overseas for the visa. Immediate visa category still equals 6-9 months wait.

The Grand Poo-Bah
Lord Chief Justice, Master of the Buckhounds and Groom of the Back Stairs