Getting engaged/married to girlfriend who is getting moved out of the country

D

DancingBear

New Member
I am a US citizen and my girlfriend is a UK citizen who is currently in the US on a work Visa (L I believe). She has been here since October 2011 and we’ve been dating since September 2012. Her employer just informed her of their intent to transfer her back to the UK at the end of next month. I am pulling my hair out trying to figure out what to do. I do not want to “lose” her.

I have decided that I am probably going to propose to her, but I am trying to determine the best course of action. The job that she is going to be re-assigned to would be a minimum of a 1 year commitment. The job will pay her very, very well and keep her employed. Since her Visa is tied to her employer, if she quits she’ll lose that and not be able to work legally in the US until she finds another employer to sponsor her (difficult/unlikely) or if we get married and all of our paperwork clears. The way I see it, I have a few options:

1. Simply get engaged now and work to obtain a Visa for fiancé status or get married while she is overseas and work for the spouse visa/green card while she is overseas.
2. Get married now, but she moves back to the UK as my wife. Work at obtaining the visa/green card while she is overseas. Would there be any problems with her visiting me during this period under the visa waiver program?
3. Get married now and have her stay here with me and apply for a spousal visa. If we go this route, would it be better for us to get married while she is on a work visa or have her re-enter on a tourist visa after getting laid off for declining the transfer?
I would really appreciate any advice. This is a pretty stressful situation for both of us and came at a very unexpected time.
 
About #3, she would be applying for Adjustment of Status, not an immigrant visa. As an Immediate Relative of a U.S. citizen, she does not have to be in status to file for Adjustment of Status. She would stay in the U.S. and file when she has everything ready (whether she is in status or not at that point) and should NOT leave the U.S. until she gets Advance Parole or the green card, which will take a few months. She would lose that work in the UK of course if she takes this route.
 
Thanks for the quick response. If she does want to take the job in the UK with the 1 year contract, is there any advantage to getting married before she leaves? If we are married, will that complicate travel under the VWP for either her coming to the US or me going to the UK?
 
If she takes the job in the UK and you marry her before she leaves, you can then initiate the process by filing i-130 and have her wait in the UK for the final formalities with the consulate which will be about 6-12 months later. After the interview and approval at the consulate in the UK, she'll have 6 months to enter the US as a permanent resident.

Having an ongoing marriage-based green card process could cause a problem for most people trying to visit the US, but in her case she can point out that she was already in the US while married to you, but left anyway and therefore will leave again, so she's far less likely to be refused entry.
 
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