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Immigration Issues/spouse or fiance visa


I am getting married to my US citizen girlfriend, and want to move permanently to the US next July/Aug. We intended to get married in April, then I'd return to work in the UK until July when my contract expires at my current job. I want to be able to visit her in the US during the school holidays (I am a teacher), but am worried about getting through border control if they suspect I want to stay (which I don't!). I have no intention of trying to stay until I have the correct legal status. We have received legal advice that we should get married now, then immediately file the spouse petition, with me filing in London when I get home. I am currently in the US on a visa waiver, and had no intention of getting married on this trip. Is this sound advice from the lawyer, or will it create a load of problems for me when I try and re-enter at Christmas? I have full documentation of my contract with the school until Sept 2007, have previously had a J1 visa for 2 years and have regularly visited the US (and left within the visa waiver limit) in the past 10 years (15+ times).

The problem with your original plan is if you wait to get married in April, they will not let you back in once your wife files for you until you obtain an immigrant visa which takes 6-9 months.

Your choices are either to get married and file for Adjustment of Status hee which could include an application for travel permission. You would have to wait until your got the travel permission to leave or they would consider your adjustment of status application abandoned. This usually takes 2-3 months from filing.

The other option is to do as you have been advised and get married and have your wife file to have the petition adjudicated in London - you just have to allow 6-9 months from filing for an interview over there and you will not be able to come here in between.



Immigration Issues

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Robert Hollander<B> Esq.</B>



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