Sunday, January 17, 2010

My BF is a U.K citizen. What is the procedure to get him a green card through marriage. ?

I am 26 yrs old and will receive my citizenship in about3-4 months. I would like to know how my BF can come to the USA and start working legally by obtaining his Green Card? How long does the process take?My BF is a U.K citizen. What is the procedure to get him a green card through marriage. ?
Fred S is not entirely correct on his assessment of the K1.





If you do decide to go the K1 route then he will not be able to work 'from the day he arrives', in fact he won't be able to work for around 90 days after you are married.





Once you are married and have the marriage certificate in hand you would then file what is known as the AOS (Adjustment of Status) package which includes Form I-765, Application for Employment Authorization. It won't be until he receives his EAD that he will be allowed to work.





Also to petition him for the K1 you would have had to have met each other at least once in the past two years and have proof of this along with other evidence that there is an established relationship.





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The other option which Fred did not mention was the CR-1/IR-1. This option does allow your partner to work and receive his conditional green card on the day he arrives in the United States. The only downside to this is that you will be apart for a period of around 7-10 months as a married couple.





The simplified way this route works is this. Your boyfriend would come to the United States under the visa waiver program and you two would get married. Once you are married you can then file Form I-130, Petition for Alien Relative.





He would then return home to the U.K. at the end of his authorized period of stay, where he would await the processing of the petition and attend his CR-1/IR-1 visa interview. Once he has the visa, he can then use it to seek entry into the U.S.





As I mentioned before the plus points to this route is that he would receive his conditional green card and work authorization on the day he arrives in the States, the other plus is that once he is in the U.S. there are no more forms which need to be filed for another 21 months when you would apply for the conditions to be removed.





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Both options cost roughly the same, about $1,200 (budget for around $2,000) and they both take around the same amount of time to process,7-10 months, although there is no guarantee of this period as some cases do take significantly longer process.





The only real question you both need to discuss with each other is this; would you rather spend your time apart as an engaged couple or a married one, because whichever route you choose, there will be a period of separation.





In both cases, you should wait until you are a U.S. citizenship before you file as marriage to a permanent resident takes years to become current, however there is nothing to stop you filing as a permanent resident just remember to update your petition with the USCIS once you become a citizen.My BF is a U.K citizen. What is the procedure to get him a green card through marriage. ?
He can't just come to the U.S. and start working. He would need a visa for that purpose. If he plans to stay here permanently, you can help him. Once you're a U.S. citizen, you can file Form I-129f which is called a fiance petition.





You submit it to CIS in the U.S. They will ask for certain supporting documentation in the instructions. Once it's approved, CIS will forward it to the embassy or consulate closest to where your boyfriend lives.





Then he'll work with the visa office to apply for and received a K-1, fiance, visa. Once the visa is issued, he'll have 120 days to come to the U.S. Within 90 days of his arrival, you and he must marry.





He'll have permission to work in the U.S. from the day he arrives with the K-1 visa. After you're married, he applies for permanent residence. While he's waiting for that to go through, he can work.





This procedure will be the cheapest, fastest and easiest way for him to become a permanent resident (as long as you want to get married in the U.S.)

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