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I-129F vs I-130? Help please? T.T

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  • I-129F vs I-130? Help please? T.T

    I'm very very confused...I'm trying to decide which route for me (UK) and my fianceé (US citizen) to take and was wondering if anyone with experience going through this process could help as we seem to be getting inconsistent information and a bunch of confusing forms online:

    Route 1
    I go to the US via I-129 (alien fiancee), we get married. I file I-485 (adjustment of status, green card) and I-765 (employment authorisation) annnnd...then I'm stuck in the US unable to travel back to the UK to work and trying to financially stay afloat for 3-5 months waiting for my right to work? What? How does that work?...How do people support themselves whilst waiting? Just be a financial burden to your fianceé and grin and bare it?

    Route 2
    I go to the US on the visa waiver programme, get married. I return to the UK to continue working and in the meantime we file I-130 (alien relative), I-485 and I-765 together? If the I-765 is approved before the I-130, does that mean I can go live with him and work? Or do I have to wait for the I-130 to be approved first? If I-130 & I-765 are approved, are we set? I can go live and work whilst waiting for my I-485 green card to process?

  • #2
    Originally posted by ConfusedAF View Post
    I'm very very confused...I'm trying to decide which route for me (UK) and my fianceé (US citizen) to take and was wondering if anyone with experience going through this process could help as we seem to be getting inconsistent information and a bunch of confusing forms online:

    Route 1
    I go to the US via I-129 (alien fiancee), we get married. I file I-485 (adjustment of status, green card) and I-765 (employment authorisation) annnnd...then I'm stuck in the US unable to travel back to the UK to work and trying to financially stay afloat for 3-5 months waiting for my right to work? What? How does that work?...How do people support themselves whilst waiting? Just be a financial burden to your fianceé and grin and bare it?
    yes, basically

    Originally posted by ConfusedAF View Post
    Route 2
    I go to the US on the visa waiver programme, get married. I return to the UK to continue working and in the meantime we file I-130 (alien relative), I-485 and I-765 together? If the I-765 is approved before the I-130, does that mean I can go live with him and work? Or do I have to wait for the I-130 to be approved first? If I-130 & I-765 are approved, are we set? I can go live and work whilst waiting for my I-485 green card to process?
    You don't have to get married in the US for this route; you can get married in the US or UK or anywhere. (And there's a good risk they won't let you into the US as a visitor due to immigrant intent anyway.) You will be going through Consular Processing abroad, not Adjustment of Status. You will not file I-485, which is for Adjustment of Status in the US. You will not be able to apply for an EAD or anything. After the I-130 is approved, it goes to NVC and the consulate. The whole process from filing of I-130 until you get your immigrant visa takes a year or so. When you enter the US with your immigrant visa, you will immediately be a permanent resident, and can immediately work or travel abroad like any other permanent resident.

    I can't really advise you as to which is better. It depends on what's important to you.

    This is my personal opinion and is not to be construed as legal advice.

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    • #3
      I went with route 1 and it was not easy bc it took in total over a year from beginning until receiving a temporary work permit. I still wait on my Greencard 10 month after arriving in the United States. Feel free to ask whatever you want to ask in case you want to go with Route 1, too.

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