marriage - green card

[Ben_J]

Hi all,

My partner moved to the US from Europe 3 years ago, and is waiting for the green card interview in the next couple of months.

I hold a B1/B2 multiple entry visa for 10 years and I reside in Europe. With this visa I traveled several times in the US (for the last 2yrs), with B1, for temporary research/conferences. On each occasion, I stayed a couple of months per visit (also visiting partner, but that was never a travel purpose).

I'd like to be able to come and stay with my partner in the US, but with B visa I cannot stay long enough and/or travel too often. I'm waiting for a grant that will allow me to go as a scholar in the US, but that will only happen in late 2016 and I'd like to be able to go there before that.

Now, we are looking into getting married so as to be together in the US, hopefully before my research grant for US starts. But waiting for files to be processed can, as well, take awhile. So, related to this, my questions are:

1. If we get married and we file I-130, do I have to stay in my home country while waiting to join partner in the US? Or I can travel on B visa and eventually apply for J1/H1B when my funding is granted?

2. Is there any difference if we get married before my partner is granted a green card (probably before the end of this year) or after that?

Thanks

[inadmissible]

On what basis is she getting a green card?

[Ben_J]

On what basis is she getting a green card?

Employment based, permanent, EB-1 or EB-2, not sure which one.

[inadmissible]

1) If she get a green card on her own (as an unmarried person), then gets married, she can then petition for her alien spouse. The wait time for spouses of permanent residents is currently 3+ years. Most aliens in that situation (pending relative petition) face difficulties persuading consular officers of their non-immigrant intent, and won't be able to travel on B visas.

2) If she gets a green card as a married woman, well, you can then get a green card as well. The downside is you can not use a green card as a tourist visa, you have to use it to reside in the United States. You both absolutely have to get married before her adjustment of status interview. If she gets her green card approved before the date of your marriage, you're going to be stuck waiting the 3+ years. Her attorney can help her file form I-824 to request "follow-to-join" benefits for you.

[Ben_J]

Thank you, inadmissible, for your answer.

We are still re-thinking the options, and to be honest, started thinking about it maybe too late (she already filed most of the papers, and just waits for the interview to be scheduled).

Also, we are waiting that we can potentially get married in Europe, since marrying in the US, while I am there on a B visa, can be considered a fraud from my part. Now, because of our traveling schedules, that may be difficult to do before she gets an interview.

Another question - if the I-824 is requested, how long does it take for me to get a green card, do we get it at the same time? Is my B visa automatically cancelled when the request is sent? Or it's cancelled once I get the green card? In other words, if it is being processed, can I get legally enter US with B visa?

[Ben_J]

Eventually, my partner got her green card earlier than expected, and even without the interview! Really fast track! So our plan to get married before that so as she can file in for me are ruined.

In any case, we may get married anyway, but then we will have to wait 3+ years for me to get a green card.

This said, my question is - for my work reasons I will be applying for J1 visa next year, which is a temporary one; if at the same time I have a "follow-to-join" process on the way, will that anyhow conflict with J visa, and vice-versa? If for a J-visa I have to commit to leave the US, does that mean that they can cancel my follow-to-join benefits? Or not give me J-visa because I'd plan to immigrate? That would seriously jeopardize my work and I am trying to find a compromise. Greteful for any insights.