Help..will i be able to visit my wife???

[Calaban]

Hi, i'd be grateful for any advice!!

I'm an English citizen, living in London, i'm marrying my fiance in September, she's an American, and i intend to apply for a green card to move to the US as soon as possible, i know it's a long process. Will i still be able to visit my wife in the US once the green card application is under way. I'm not sure of my options, i obviously want to be with her as soon as possible, do i just have to wait in England until i get my green card??

Cheers,
Ian.

[PraetorianXI]

It will be very hard for you to enter and visit her once she is your wife. Because you'd be a high risk immigrant. Using the visa waiver program requires non-immigrant intent and that will be very hard to prove once you are married to a citizen.

Have you considered getting married in the USA? Either process fiancée visa or spousal visa will take around 10-12 months.

[Calaban]

Thanks

I kind of thought that might be the case. We have arranged the wedding, and if it would take me a year to apply for the fiance visa anyway. Would i be able to travel to the states after the wedding if i have not yet applied for the green card? I would like to travel back with my wife, as a kind of honeymoon as she is coming here for the ceremony?? And then i could apply for the green card on my return??

[PraetorianXI]

You will have better chances of entering the USA, if an immigrant petition has not been filed for you.

HOWEVER, The risk is still ALMOST the same. Since all it would take for you to file for a Green Card while in the USA is... nothing... once you are married, if you are admitted as a visitor you could file for a GC. And entering the USA for that purpose would be fraud. So most people are denied.

[Calaban]

I see what you mean, i believe my wife would be able to enter the the UK still?

Is it possible to apply for a green card before we are married, given that my intention is to start the process as soon as possible after we are married? Last time i was in the states, the man at immigration advised that i started getting my paperwork ready early, and it confused me as i didn't think that was allowed until myself and my fiance had married.

[PraetorianXI]

Your wife is free to travel anywhere she pleases... except for Cuba.

And you can not apply for a GC until you are married. You can prepare the forms and stuff, but not "mail them to USCIS".