[686418]

Bit of a tricky question...

The situation: me and my fiancé live in Dublin. She's on a work visa, I'm British. My fiancé is American and works for an American company. They've decided they want her to move to the states for July. We're getting married in October. I work for an Irish company.

What's are the options here? Assuming her company will be paying all moving expenses, broken contracts etc

I think there's a visa that you can get if you're planning on getting married ASAP? What are the processing times if we're married? Can I visit the states while a visa is being processed? (Wedding is in the states).

Her boss (who probably knows nothing about immigration) thinks they can sponsor me. I'm a business analyst, so pretty generic and I doubt it would get through - do they have to demonstrate that no American could do that job?

My initial suggestion was to fly over and do a quick courthouse marriage, come back and start the application but that's out if I can't go there during processing.

She's not against getting another job but has an awful lot of stock in them and a really good salary and doesn't want to lose that (and there would be visa issues I think)

 

[twostep]

Why do you not start at the source - uscis.gov or travel.state.gov and read up in family based immigration. It will give you an idea about what is involved. Spouse or fiancé seem to run around 12 months currently. No, there are no loopholes.

 

[Crawford]

Presuming your wedding is all set up and you don't want to amend it, your finance would leave in July for the US; you visit her between July and October, you marry in October, you return to Ireland and she then sponsors you for a spouse visa.

Yes you will be apart during the visa process, but you can visit during this time. Applications seem to be taking anything from 9 to 12 months (if no skeletons in the cupboard).

Start here:

Green Card for an Immediate Relative of a U.S. Citizen | USCIS

You could also do the quickie marriage in the State if you so wish.

You do not work for your fiance's company so the only way they could sponsor you would be to apply for an H1B visa for you. The US part of the company would have to do this; yes, they would need to prove that no other US citizen can do it and H1B's can only be applied for prior to April for starts in October. There is also a cap on such visas issued.

Better to go the married route.

 

[Davis1]

You US citizen fiancée return to the US
files for as fiancée visa ..once obtained you fly out
get ,. married
and apply for green card


For a fiancee visa
K1 Fiance Visa Process Flowchart and Timeline

US Citizen can apply for a special visa to allow a non-citizen (their fiancée) to enter the country in order to get married to a US citizen inside the US.

Once issued, the K1 visa will allow the non-citizen to enter the United States legally, for 90 days in order for the marriage ceremony to take place. Once you marry, the non-citizen can remain in the US and may apply for permanent residence. While USCIS processes the application, the non-citizen can remain in the US legally
The US citizen income must meet the require minimum to fulfill the affidavit of support
currently $19912 for a 2 person household

 

[Crawford]

There is still a waiting time for the fiance visa. Currently around 9 months?

So if the poster goes this route then they have to cancel the current wedding in October and reschedule for when they get the visa.

Really a wait either way.

 

[Davis1]

shorter than a spousal visa that can take a year ...

 

[BBCWatcher]

No, the quickest option of all in these circumstances is Tinc365's original idea. (Good idea, Tinc365!)

The quickest option to be united in the United States is for this couple to get married now, typically in a quiet civil ceremony. Practically anywhere in the world will do, even in Ireland. (It doesn't have to be in the U.S., Tinc365, though it certainly could be. Or it could be in Denmark as another example, reportedly/traditionally the easiest place to get married in Europe. Just head to Copenhagen one weekend soon and get married -- there are numerous companies that'll arrange the whole thing for a few euro if you'd like.) The American wife then immediately files USCIS Form I-130 (and related attachments, including G-1145 and a pair of G-325As) to sponsor her husband for a CR-1 visa. The October wedding in the U.S. proceeds as scheduled, with as big a party as the couple wishes -- you just quietly and discretely (or not) skip the civil office stuff -- possibly with a CR-1 in hand anyway (though that's a bit tight).

Weddings are very special, memorable parties, often with family and friends. Civil marriage is a legal construction. The two need not occur at the same time, and most often they don't occur at exactly the same time anyway.