Marry USC - file GC/AOS - can Brit travel home immediately & return on K3?

[Amstie]

Hello,

I am American, my fiance ("Brit") is British. Can anyone please tell me what we need to change about our current plan:

1. Get my Brit his K1 so we can marry in US at end of March 2008
2. Brit returns immediately to UK to sell house and finish working at job until June 2nd. Meanwhile he has a job offer here in US with a start date late summer/ early fall.
3. Brit returns to US after June 2nd (with job offer proof in hand for immi officials).

I am worried about:
- processing time of AOS and AP (and EAD to a lesser extent).
- Am I right in thinking he won't be able to leave USA until his AOS and AP have been fully processed? And this could take 3+ months??

Please help us asap ifyou can!
Thank you!

[thetreble]

If brit has gotten a job offer, the place of employment must sponsor him for work on an H category work Visa. Once he is in the US, after a certain amount of time you can get married and then apply for AOS. You can't show up to US border patrol with a job offer in hand, it doesn't work that way. If he wants to work in the US, he is going to need a Visa.

If you want to file for a K-1, that is fine, but you said you wanted to marry in March 2008. You don't file for a K-1 if he is already there in the US. The K-1 visa is for bringing him to the US to get married while he is back in the UK. If you want to get married now, get married! You are free to but after that, you will have to start the AOS process and he won't be able to leave to go home. You can apply for AP but like most poeple say, who knows when that will come through. Once you decide to start the AOS, you have to be satisfied with the fact that you might not be able to leave for months or possibly years. AOS rarely takes people less that 3 months.

I think what you need to decide is whether you are going to be applying for a family based green card or he is going to come on a work visa. You need to decide when you want/ready to get married. Don't rush into anything. The process of getting someone legal is a very dedicating experience and you really have to be ready for it.

[Amstie]

Thanks Thetreble - I should clarify some things:

1. He lives and works in UK - where he is now.
2. And H1 B is not a certainty due to the quota (which was filled in the first few days after applications were accepted).
3. He has several job opportunites with his current company and with others based in US - so we're still exploring options.

Once we file his AOS and receive a "status pending" notice, we think he can leave as along as we get him his K3 before he comes back to USA (see below):
USCIS site:


"Advance Parole"
Most aliens who have pending applications for immigration benefits or for changes in nonimmigrant status need Advance Parole to re-enter the U.S. after traveling abroad. Aliens applying for advance parole on the basis of a pending application for adjustment of status must be approved for advance parole prior to leaving the United States in order to avoid the termination of their pending application for adjustment. Note: this does not apply to aliens who have applied to adjust to permanent resident status and who maintain H-1B (Specialty Worker) or L-1 (Intracompany Transferee) status, or their dependents, who have applied to adjust to permanent resident status and who have valid H-1B or L status and valid visas, V nonimmigrants who have a valid V nonimmigrant visa, are in valid V nonimmigrant status and have or obtain a valid V nonimmigrant visa before applying for readmission to the US, and K-3/4 nonimmigrants who have applied to adjust to permanent resident status and who have a valid K-3/4 nonimmigrant visa, are in valid K-3/4 nonimmigrant status and have or obtain a valid K-3/4 nonimmigrant visa before applying for readmission to the US. Refugees and asylees who have applied to adjust to permanent resident status under section 209 of the Immigration and Nationality Act may travel outside the United States on a valid Refugee Travel Document and do not need to apply for advance parole."

I am meeting with an immigration official on Friday.... to make positively sure I am getting things straight.

[thetreble]

Amstie-

A K-3 visa is for a spouse. So you are saying he is going to come to the US soon to get married to you, you are going to apply for AOS, and then he will leave while you file for a K-3? It seems like it might be a rush.

And even if he has a lot of job opportunities within his company that has other locations based in the US, he still needs a work visa if he transfered. He will have to wait until he gets his EAD and SSN after you apply for the AOS to work here if you want to do it that way without the work visa.