Immigration Site

Hi,

Im 25 and my girlfriend is 20 (we have been together for 4 years) and both from the UK. Her step mother which she has maintained a relationship with since she was 7, is a USC and looking to sponsor her for a GC before she turns 21 in April 2011. Im sure it will all go smoothly and she will get it.

But here is where things get messy.... getting me over to the US as well without being apart for too long.

Here is a plan we have, but I have some questions and hope people can help as Im still learning how this all works.

Once she has her GC and gets it all stamped etc etc she was going to file for a reentry permit on Form I-131 (whilst in the US) which will give her up to 2 years to be in the uk with me until she needs to return to the US (she will have a valid reason to be in the UK - to study a course she couldnt do where we will live in the US).
- Will it be a problem getting a GC and then leaving so soon (a few weeks to a month) to go back to the UK?
- Will it be fine (or in fact beneficial) that she returns to the US during summer term in the UK for a few weeks/month so it looks like she is going back "home"?

Then we were looking to get married about 3 to 6 months after she has her GC.
- Can we be engaged before she gets her GC or will it look bad for her application? If not, could we lie about an engagement as they would never find out (as long as we stay consistent with this lie throughout the whole process)?
- Once married how long until we can file an F2a for me? I wouldnt want it to look suspicious.
- Will we even be able to file for an F2a since she is currently away from the US studying in the uk?

I know there is every chance despite the current date for F2a being Jan 2010 that by the time my "wife" (as she would be by this point ), has to go back to the US to start living (so she doesnt lose her GC) I wont have my GC yet and could still be over a year away from getting it. We would be fine with spending some time apart but not all the remaining time.
- Would I be able to visit the US whilst waiting for the GC? I presumed not due to my intentions to immigrate and the fact im visiting on the VWP would conflict with this? In fact would I be able to visit at any point during the 2-3 year GC application process?

I think im out of questions for now, I would be greatful for any answers others can give. Or if anyone has another or better way we could both immigrate to the US with a maximum time scale of 3-5 years from start to finish.

N/a

Actually - I would do the way OP has suggested. If she gets married - OP will not be considered immediate relative of USC and it will take a while for her to get the card anyway. OPs way - she will get the card may be in about 4-6 months and then marry and file for OP. In the current scenario - it will be another year or so.

Its better for you to get married before shes granted for Green Card. Because when she will get the appointment for the residence : all member of family is included in the same time(spouse, children).

If you wait after she get her GC, the problem is that you gonna wait a long time. The visa bulletin date doesnt mean that for 2010 you will get your green card earlier. Maybe now its less than 5-6 years (the regular time) because now its between 2-3 years. A retrogression could happen anytime and back to regular time ie 5 years.

For the reentry permit, no time for applying. I applied too as soon as I got my GC. But it takes few months between to get it. Some advise is to wait the reentry permit before leaving of US. Now its between 4 to 6 months average to get it.

I waited 6 months before to get it.
She can apply in US and receive the permit in UK if she decide to travel without the permit and get it in UK (theres a note in the application, for the place you want to get it). Just be careful, she needs to be sure that she will receive her permit before shes outside of US more than 6 months. Because in that situation, she may break her continous residence and lose her green card if she want come back in us after more than 6 months without the reentry permit.
Be sure that she keep ties in us : home address, bank account...

Or she can go back and forth to her home unless its less than 6 months outside of US.

Good luck! Your first paragraph makes no sense. She will get a GC "instantly" if she is unmarried and under 21, but if we are married she wont get it instantly and I believe we have to wait about 10 years under the F3 category. Can somebody confirm this?

Your second sentence doesnt seem right either? I thought the normal time for F2a was 2-3 years, but its currently a lots less with the expectation of retrogression in October back to 2-3 years.