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Immigration Forum / USA Marriage Base / August 2006Brit loves Mexican
Ok interesting situation and i was advised on another forum to bring it here as it might get the response and maybe answer some questions. My girlfriend was born in mexico but her mother brought her here illegally when she was 9. When she was 17 she married into the military. That marriage has gone down the drain and while not fully divorced they arent together any more. She only has apparently 6-9 months left until she obtains LPR through him. She cannot apply for anything through her mother (now a legal citizen) as she is now 23 and she cannot leave to travel anywhere as she has no legal documentation. We had suggested she just file for divorce and move to UK where she could marry and gain british citizenship. However it was mentioned she would fall under the 10year ban for her mother having her here illegally. That would not be a good situation. especially when children and thus grandkids come along. So it is probably best if she toughs out the next 9 months and gets LPR. However if she were to marry again to someone not a citizen (i.e. me) she was told she could never petition for me until she got citizenship (5 yrs after LPR) because she obtained status through a previous marriage. so we would either have to get me a H1B visa or get an employer petition for me. Does anyone know if this is true?? Even after she got her LPR would she be able to go to UK without invoking the 10 year ban? i really want her to visit my relatives here. and we had thought about stayin a while, how long could we come to UK for without her losing her LPR?? If she moves here before getting PR, she invokes ban but If she waits till her PR then abandons it by moving to the UK, will the previous overstay invoke the ban or not? We are just struggling with distance issues and stuff as i have just returned to UK after 18month J1 visa and losing out on a place for the ever dwindling number of H1B's. Any help would be a blessing, Thanks > Ok interesting situation and i was advised on another forum to bring > it here as it might get the response and maybe answer some questions. [quoted text clipped - 37 lines] > Any help would be a blessing, > Thanks Could you expand on this a bit. From my understanding of the process, she cannot become a PR since she entered without inspection... marriage or not. Maybe it's different if you marry a soldier. I'd also be interested in how she came up with the 6-9 months timeline you mention. How she obtained her status is irrelevent. If she becomes a PR, she can petition for you immediately. You will be waiting 6 or 7 years however before a visa becomes available for you because there is a quota for PRs. If she becomes a USC, your timeline would speed up considerably as USCs have no visa quota. You understand, don't you, that the UK is irrelevant... it's leaving the US that is the issue. That said however, no, I don't believe she'd invoke a ban. Once she's a PR, she's a PR. Her becoming a PR is the main issue at hand though. Generally, a visit of less than 6 months in any 12 month period is safe. Once she's a PR, I don't believe she'll invoke a ban. However, why bother with becoming a PR if she's going to live in the UK... it's a complete waste of time. Ian > Could you expand on this a bit. From my understanding of the process, > she cannot become a PR since she entered without inspection... [quoted text clipped - 21 lines] > > Ian We ideally would rather live in the US, and we discuss the UK because of how much easier it would be, but the 10 yr ban was a scary prospect and im not sure 10 yrs away from her family would be any good. i just brought everything to the table, UK or US with the preference being on the US. she is able to get her PR through something called "Grandfathering". im not sure as i was never at the meeting myself. The one other thing was.... if she forgot about the PR and came here, thus invoking ban, would i not be able to apply for her as a dependent if i was able to get an H1B visa in the future, before the 10 yrs was up? > We ideally would rather live in the US, and we discuss the UK because > of how much easier it would be, but the 10 yr ban was a scary [quoted text clipped - 9 lines] > dependent if i was able to get an H1B visa in the future, before the > 10 yrs was up? If she does incur a ban from returning, it applies to everything, I imagine. A ban is a ban. It means under no circumstances is she allowed to return to the USA until the ban is over. Rene > We ideally would rather live in the US, and we discuss the UK because > of how much easier it would be, but the 10 yr ban was a scary [quoted text clipped - 9 lines] > dependent if i was able to get an H1B visa in the future, before the > 10 yrs was up? No. I believe the ban supersedes any visa application. At any rate, *nothing at all* can happen until she is divorced *and* she is a PR... however long that takes. Once both of those things are done, then you can start making some real plans. Ian > Ok interesting situation and i was advised on another forum to bring > it here as it might get the response and maybe answer some questions. [quoted text clipped - 37 lines] > Any help would be a blessing, > Thanks This sounds complicated - an hour with an experienced immigration attorney would probably cost you $200 but might be money well spent... > Ok interesting situation and i was advised on another forum to bring > it here as it might get the response and maybe answer some questions. [quoted text clipped - 37 lines] > Any help would be a blessing, > Thanks If they aren't together anymore, she could have a very hard time obtaining PR status through him. It's great that you're looking at the big picture, but as Ian said, nothing will really be clear until she's actually a PR, and is free to marry you. In my mind, her PR status isn't so easily obtainable, given the circumstances. Rene > If they aren't together anymore, she could have a very hard time > obtaining PR status through him. [quoted text clipped - 5 lines] > > Rene That's what I was wondering. How can she obtain LPR based on marriage when that marriage is irreparably broken down? Perhaps if she is a conditional PR at the moment, she could file to have the conditions removed on her own, but even then the divorce has to be finalized first. It doesn't even sound like they're in the process of divorcing, probably because she/they think she can't get LPR without him. Sounds very odd to me. Why can't she just start anew in the UK and have her mother visit her over there? After all, her mother is a USC now, so she definitely won't incur a ban... ~ Jenney |
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