Best route to be together?

[amanda1306]

I am no stranger to the immigration minefield but I still need help!! My father, a naturalised US citizen, sponsored me and my family back in 2003 (then married with 2 kids). We divorced in 2007 and I began dating a guy in 2009. My children and I got our visas and entered the US as Legal Permanent Residents in October 2010 hooray! leaving my "boyfriend" back in UK . We long to be back together (he has already visited twice in the past 5 months!) and we want to marry; should we marry in US or UK? Then what? Is it best I file for him NOW as my fiance? Or after marriage as my spouse? Which form should I file? Would it be quicker/easier for him to get a work-based visa H1? Then what? File AOS? Aaarrgghh!!!! We just want the fastest way to be able to be together again. Thanks, in advance, for any advice....

[barbarajlw]

I am no stranger to the immigration minefield but I still need help!! My father, a naturalised US citizen, sponsored me and my family back in 2003 (then married with 2 kids). We divorced in 2007 and I began dating a guy in 2009. My children and I got our visas and entered the US as Legal Permanent Residents in October 2010 hooray! leaving my "boyfriend" back in UK . We long to be back together (he has already visited twice in the past 5 months!) and we want to marry; should we marry in US or UK? Then what? Is it best I file for him NOW as my fiance? Or after marriage as my spouse? Which form should I file? Would it be quicker/easier for him to get a work-based visa H1? Then what? File AOS? Aaarrgghh!!!! We just want the fastest way to be able to be together again. Thanks, in advance, for any advice....

If you file 129f fiance visa will take around 5 months and then another 2-4 months for visa to be issued sometimes quicker. He then comes over you marry he stays then you apply for AOS EAD and AP as these last 2 are waivered if you apply with AOS. Cost $340 for petiton, he has medical police report and so on before interview.AOS $1070 so costly.
Or you can go to UK get married and then you come back and file CR1 spousal visa takes around the same time as K1 but he gets GC status on arrival and can work also. Cheaper also around $900.
Totally up to you.

[nichole]

Actually the answer given you is incorrect. Only a US citizen can go that route. A fiance visa (K1) is not available for LPRs. You could get married and file an I-130 petition for an IR1, but the wait would be something like 5 years for a visa number to become current because you're not a citizen. If you should gain citizenship, then the process could continue immediately without waiting on a visa number.

He could come on a work visa if you found someone to hire him and do all the paperwork needed. I think those are limited and only a certain number are allowed each year so companies rush to get them in on Day 1 of acceptance for the following year. There's info on all the visas on this website.