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Law Educator, Esq.
Law Educator, Esq., Immigration Law Answer Team
Category: Immigration Law
Satisfied Customers: 114135
Experience:  Immigration Law Expert
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My partner and I have been together for some time. We met

Customer Question

Hi, my partner and I have been together for some time. We met while working abroad but he had to go back to the states for family reasons. We want to get married and live in the states. I am from the UK. If we got married in vegas could I return home and continue to work while I waited for my green card or would I have to stay in the states? Also as the UK is part of the visa waiver program, would I need a fiancé visa or would I be okay without it? Thanks
Submitted: 2 months ago.
Category: Immigration Law
Expert:  Law Educator, Esq. replied 2 months ago.
Thank you for your question. I look forward to working with you to provide you the information you are seeking for educational purposes only.
The UK is part of the visa waiver program. If you are seeking to get a conditional green card based on marriage, until that green card is issued you have to remain in the US. If you leave the US then your spouse and you have to file in the UK through the US embassy to bring you back to the US. If you apply for your fiance visa now and then come to the US and marry, you have to wait to convert the visa to the marriage visa and for your conditional green card to be issued before you can leave the US again.
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Customer: replied 2 months ago.
Okay, cool. So if she comes to the states and we get married it would be much quicker. We wouldn't get in trouble for marrying without a fiancé visa? How soon do you think until she gets her green card and can work?
Expert:  Law Educator, Esq. replied 2 months ago.
Thank you for your reply.
Actually, it would be quicker if she does the fiance visa first. If you go to the US and they know you are getting married and will be filing for a visa they could deny entry.
You can get the green card generally within 8-18 months all depends, but she could remain in the US on the fiance and marriage visa until that time.
Customer: replied 2 months ago.
But the fiancé visa takes months to get. Even if we said it was a spur of the moment thing that happened in Vegas. The issue would be work. Although she has savings not working for up to 18 months would be very difficult for her
Expert:  Law Educator, Esq. replied 2 months ago.

Thank you for your reply.

If one of you is a US citizen, you are taking a chance that USCIS will deny admission IF YOU TELL THEM that you will be getting married when you enter. If not, you can marry here, she can return to the UK and then you can apply for her to come to the US as your spouse through the US embassy in the UK

.

Customer: replied 2 months ago.
Perfect, and how long could that take. Also would she be able to carry on working in the UAE and go through the US embassy there?
Expert:  Law Educator, Esq. replied 2 months ago.
Thank you for your reply.
If she is in UAE, she can go through the visa application in the UAE through the US Embassy there. She could continue working her job in the UAE until approved and once approved she has to leave her job in UAE and come to the US.
It can take again about 18 months, it all depends on how busy the embassy is when they receive her documentation.
Customer: replied 2 months ago.
There is no quicker way around this?
Expert:  Law Educator, Esq. replied 2 months ago.

Thank you for your reply.

You cannot speed up the government I am afraid. 18 months is usually the outside maximum length of time, it could be approved in 6-10 months, but none of us dealing with these cases ever know how quick it will be because it depends on the USCIS agent who gets the case and availability of documents.