# British citizen married to US Citizen



## louisp03 (Jun 12, 2012)

Hi there, 
Have a quick question here if anyone can help would be really grateful....
I am a UK citizen marrying in November this year a US citizen (Dual nationality UK/US) and we have a son who is also Dual nationality US and UK. Prior to our marriage my fiance may well be going for a job with her US company (currently based in london) to go back to US. I am not currently working as have been laid off. 
If she takes the job can I enter the country legally and then apply for a green card to work? Especially if we are not married when I enter and marry once been in states?
She would have the salary to support me until that point so that's ok, but when the paperwork says you need to enter the states legally, i am wondering what that exactly means. Do I need some kind of visa to do that or say up front that my soon to be spouse will be petitioning for my green card and me for permanent status?
Also if all goes well, does anyone know how long it would take to get the green card whilst in the US? And whilst in limbo could we travel outside the US or have to to stay there? (asking this as we are planning to marry in London, but if she takes the job we will be in the states already, she could only then petition for my green card once we are marrried, does the length and the place of marriage have any bearing on the application?)... 
Once again if anyone has any insight would be very grateful!
Thanks


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## Bevdeforges (Nov 16, 2007)

The US immigration system isn't really geared to circumstances like yours. Your options appear to be to go for a "fiancé visa" (which would mean you would have 90 days in which to get married after entering the US) and getting married in the US - or waiting back in the UK until after the wedding, at which time your wife could submit the support documents to get the spouse visa process started.
Cheers,
Bev


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## louisp03 (Jun 12, 2012)

Bevdeforges said:


> The US immigration system isn't really geared to circumstances like yours. Your options appear to be to go for a "fiancé visa" (which would mean you would have 90 days in which to get married after entering the US) and getting married in the US - or waiting back in the UK until after the wedding, at which time your wife could submit the support documents to get the spouse visa process started.
> Cheers,
> Bev


Thanks Bev appreciate it, just to check one thing following; if we waited until we were married or brought the wedding forward to go to the states married, I just want to check what they mean by "you must enter legally" do I need a special visa to enter or say am applying for permanent residence when I arrive? if all goes to plan, would you have any idea how long the application process would take before I could work? Many thanks!


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## twostep (Apr 3, 2008)

louisp03 said:


> Thanks Bev appreciate it, just to check one thing following; if we waited until we were married or brought the wedding forward to go to the states married, I just want to check what they mean by "you must enter legally" do I need a special visa to enter or say am applying for permanent residence when I arrive? if all goes to plan, would you have any idea how long the application process would take before I could work? Many thanks!


You can either go K1 - fiance, enter the US, marry within 90 days and change your status which will be 3-6 months.
You can get married wherever, file CR1 - spouse, enter the US once your application is approved and receive the Green Card status at point of entry - 6-9 months.


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## Crawford (Jan 23, 2011)

louisp03 said:


> Thanks Bev appreciate it, just to check one thing following; if we waited until we were married or brought the wedding forward to go to the states married, I just want to check what they mean by "you must enter legally" do I need a special visa to enter or say am applying for permanent residence when I arrive? if all goes to plan, would you have any idea how long the application process would take before I could work? Many thanks!


Basically you can't enter the US *with a view to staying and living there* without already having the relevant visa which allows you to do so. You can't work until you have the relevant visa allowing you to do so.

Even if you get married soonest, YOU cannot enter the US when your wife moves for her job *with the intention of staying. *

Whether you marry now in the UK and then apply for the spouse visa to enter the US (you will need to be in the UK during the application period but can visit the US) or apply for a fiance visa to enter the US and get married there, there will be a waiting period for the visa application to be approved and then authorisation given for work.


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## louisp03 (Jun 12, 2012)

I would therefore think applying for the fiance visa could be the best option if we put off the wedding in the UK and then marry in the states once it's granted.

Many thanks for all your assistance!


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## Davis1 (Feb 20, 2009)

louisp03 said:


> I would therefore think applying for the fiance visa could be the best option if we put off the wedding in the UK and then marry in the states once it's granted.
> 
> Many thanks for all your assistance!


K1 Process Flowchart


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