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Guillermo Senmartin
Guillermo Senmartin, Attorney At Law
Category: US Law
Satisfied Customers: 107990
Experience:  Over 12+ years of experience in various areas of U.S. Law and 15+ years of experience in U.S. Immigration Law..
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I am looking to get married to my partner who is on a green

Customer Question

Hi,
I am looking to get married to my partner who is on a green card in the USA (he's Jamaican) He's working in the states as a driver and separated with a child from his first marriage to a US Citizen. He's only been married for 2 years. I'm a British born (never been married) and would like to move across to him without neutralisation - my concern is being married to him and not being able to work as I'm a career woman and do need a working permit so I can still have a working life but have the option to come back home to Britain.
I've read that - If I marry him I have to wait for 5years for a green card ( or 3 year waiting period) socan I still apply for a working visa?
If I marry him - will I be obliged to commit finally to his child? Can I protect my small asset in the Uk?
Would you have any advise for me?
Can I gain residency to stay with him in any other way?
I'm a working in a design company as an executive assistant to I don't have any other special skills or degr
Submitted: 12 months ago.
Category: US Law
Expert:  Guillermo Senmartin replied 12 months ago.
Hello! My name is***** and I am a licensed attorney with more than 14 years of experience. I am here to assist you with your questions. Please understand that if I ask you for additional information, you are NOT charged again and our communications are NOT timed. So please see this as a relaxed conversation between friends. I am here to help. How long has he been a U.S. Lawful Permanent Resident? When is he getting divorced?
Customer: replied 12 months ago.
Thank u. He's been there two years. He was going to get divorced by being separated for 2 years (apparently it doesn't cost that way to file a divorce) but in order for me to come to him - he's willing to pay and start the divorce process now. 'We can't afford flights each time to see each other' so I'm willing to go to states but I don't want to just do nothing with myself hence why need a permit to work.
Customer: replied 12 months ago.
I could also not marry him and just stay with him -- however I wouldn't gain a permit to work. Because I don't have a doctors degree etc and won't qualify.
Another point to make in the athlete section - I am a former karate champion (however, I gain my English championship ) but was not in the olympics.
More to know is - I am an aspiring actress. I have an acting agent in the UK. So.... If I move to the states I would look for the same there... Once again I would need a permit to work there.
Customer: replied 12 months ago.
ive also been told I can file a petition for myself or self sponsor.... But baring in mind - this all sounds expensive and I am currently living hand to mouth.
I would ask him to come here instead but he won't leave his child (3years old)Also, if he divorced her - I'm not sure if that complicates his green card - he said it doesn't but I thought it would.
Expert:  Guillermo Senmartin replied 12 months ago.
Well, I have good news and bad news. The bad news is that you cannot just come to visit and expect to work. And you cannot just come to visit and wait around either. The good news is that he can petition for you and it will not take 3 years. It will take about a year and a half or so. Here is the official link where he can petition for you filing an I-130 as soon as he is legally divorced: https://travel.state.gov/content/visas/en/immigrate/family/family-preference.html If you do not have a bachelor's level of education, you could try for an H-2B visa. For an H-2B worker visa, it is expensive and difficult to get because the employer would have to go through an expensive process called a Labor Certification where the position is advertised in the local media, the employer must receive all resumes and eliminate all candidates for valid reasons, not just because they have a job for you. This is to prove that you would not be taking a job away from a U.S. worker. Here is a link: http://www.uscis.gov/working-united-states/temporary-workers/h-2b-non-agricultural-workers/h-2b-temporary-non-agricultural-workers Also, because they are used up for this year, you will need to apply on April 1, 2017 to start working on October 1, 2017 or later. Here is a link in regards ***** ***** H-2B cap If you are still considered to be a professional athlete, you may try for a P visa. Here is a link: https://www.uscis.gov/working-united-states/temporary-workers/p-1a-internationally-recognized-athlete If you do have a bachelor's degree or higher, you could try for an H-1B professional visa. You need to get a job offer. The job offer must be for a company that is offering a position that is related to your degree and experience. The position must normally require a bachelor's degree or higher. The company must have a need for someone in that position and must have the resources to be able to pay you what is normally paid to someone in that position. Also, because they are used up for this year, you will need to apply on April 1, 2017 to start working on October 1, 2017 or later. The exception is if you apply for a cap-exempt job and those are at an institution of higher education or its affiliated or related nonprofit entities or a nonprofit research organization, or a government research organization. Those are not subject to this numerical cap. Here is an official link to the H-1B: http://www.uscis.gov/working-united-states/temporary-workers/h-1b-specialty-occupations-dod-cooperative-research-and-development-project-workers-and-fashion-models If none of that seems to work out for you, you may have to wait to do it through him unless you have a substantial amount to invest in an active business. My goal is to provide you with excellent service – if you feel you have received anything less, please reply back as I am happy to address follow-up questions and there is no additional charge. Also, should you need to chat on the phone, private email or need help reviewing documentation, I am happy to do so for a small additional cost. Let me know if you are interested in these – I am happy to give you more details! When we are done, if you would be so kind as to leave a positive rating for my service, I would sincerely ***** ***** You can do that by clicking on the 3rd, 4th or 5th stars if you see them, or the smiley faces if you see them. If you do not see any stars or smiley faces, please at least leave a THANK YOU for me so I can let the administrators know. Your question thread does NOT close, so you can ask additional questions without additional charge even after leaving a positive rating. Thank you for your understanding.
Customer: replied 12 months ago.
In my earlier message 'typo error' I meant would I have to financially commit to his child if I was married to him. Can I keep my finances to myself whilst I want to? Because I was told - the legal system in America is complicated that way -- I heard that he could try and take money from me in that way?
Expert:  Guillermo Senmartin replied 12 months ago.
It's more that he would financially have to commit to you if he petitioned for you. As far as marital assets and support, etc., you can enter into a pre-nuptial agreement to protect yourself in that regard. Let me know if you need anything else, but please do not forget to rate me positively. You can do that by clicking on the 3rd, 4th or 5th stars if you see them, or the smiley faces if you see them. If you do not see the stars or smiley faces, please at least leave a THANK YOU for me so I can let the administrators know. Also, we do NOT finish just because it says "Rate to Finish" or something like that. Your question does NOT close and you can continue to ask questions without additional charge on the same question thread even after you leave a positive rating. Thank you for your understanding!
Customer: replied 12 months ago.
Of course I will rate you the best :) and recommend you to friends. - you have been ever so helpful.
I have another question -- if I didn't get him to sign a prenup agreement - could he take from me? I'e if I started working as an actress - could he claim from me?
While I'm waiting for his petition to work -- can I still make visits in the Uk?
Customer: replied 12 months ago.
Would I have to stay is the usa for some amount of time to make sure this doesn't effect the petition? Also can I work in London in between if I get my audition calls there?
Customer: replied 12 months ago.
lastly, while I'm legally married to him -- how long will it take for me to obtain my permanent residence? Many thanks
Expert:  Guillermo Senmartin replied 12 months ago.
It's not really an immigration question. It's a family law/divorce question and that really depends on the laws in the state that you live in and divorce in. I can only tell you about Florida, for example. Most Florida courts will not award alimony unless a marriage has been in existence for 7 or more years. Even then, there are different types of alimony awardable like a lump-sum one time payment, rehabilitative alimony to educate and retrain a spouse, or permanent alimony. Assets acquired after marriage would also be equitably distributed. As far as after you get U.S. Lawful Permanent Residency, you would have to try to spend more time in the U.S. than outside to maintain it. Anyone that is a Lawful Permanent Resident (LPR) and is outside of the U.S. for 180 days or more within any 12 month period (not necessarily calendar year) creates a rebuttable presumption of abandonment of residency. That presumption can be rebutted by evidence to the contrary such as filing U.S. taxes, maintaining a home in the U.S. and paying that mortgage or rent, maintaining a U.S. drivers license, U.S. bank accounts with significant movement, etc.Someone that has been outside of the U.S. for more than 1 year without first having an approved re-entry permit has abandoned their residency and only in very few exceptions (such as serious illness) can they get it back.Here is an official link:http://www.uscis.gov/green-card/after-green-card-granted/maintaining-permanent-residenceThis may become a problem in one of your trips back into the U.S., when you apply to renew your residency card, or when you apply for U.S. Citizenship.So basically, you need to spend more time in the U.S. than outside of the U.S. If that will not be possible, at least at the beginning, once you have U.S. Lawful Permanent Residency, you can apply for a Re-Entry Permit on form I-131. This will allow you to be outside of the U.S. for up to 2 years. You can use it for multiple trips. If you need more time, you come back before the 2 years ends and then you can apply for one more Re-Entry Permit for 2 more years. If you still need more time, you can apply again, but after 4 years, they get harder and harder to get and often only grant them for one year at a time. At some point you will need to start living in the U.S. and spending more than 180 days per 12 months inside. Here is a link to the I-131:https://www.uscis.gov/i-131 And as to your last question, you would obtain your Conditional two year U.S. Lawful Permanent Residency probably around a year and a half after he petitions for you, but if your marriage is 2 years old at the time of immigration making that decision, you would get a 10 year non-conditional green card. If you get the 2 year green card, then the condition is that you remain married for 2 years and then file again to remove the conditions so that they are satisfied that it is not marriage fraud. Let me know if you need anything else, but please do not forget to rate me positively. You can do that by clicking on the 3rd, 4th or 5th stars if you see them, or the smiley faces if you see them. If you do not see the stars or smiley faces, please at least leave a THANK YOU for me so I can let the administrators know. Also, we do NOT finish just because it says "Rate to Finish" or something like that. Your question does NOT close and you can continue to ask questions without additional charge on the same question thread even after you leave a positive rating. Thank you for your understanding!
Customer: replied 12 months ago.
Thank you so much - I'm sorry if you've already answered this but I couldn't see it -- while I'm married and while he's going through the petition for me to work (which you said could take a year and half for me to gain) can I still work in London -- and make occasional trips back to Usa? As you can see - I just can't sit and not work -- I love working. :)
Customer: replied 12 months ago.
With the hope of course that once I get my working visa - then I can remain in the states full time - then I won't need to stay in London so much.
Customer: replied 12 months ago.
I have a small criminal record - shop lifting while I was younger (does that affect my future plans with him?)
Customer: replied 12 months ago.
Meaning does that affect my visa to work? Or my residency ?
Expert:  Guillermo Senmartin replied 12 months ago.
You can work in London, but sorry, they most likely will not let you in to visit because you would have immigrant intent at that point so you would be stuck outside. If you are going to visit, you do it now, then he can file the I-130 for you while you are in the U.S., then you leave the U.S. on time and wait outside since you won't be able to visit. As far as the shoplifting goes, it will have to be disclosed and you will have to provide certified copies of the police report and court disposition. If they are no longer available, you would need something certified from the authorities that states thus. But no, it should not cause a denial. Let me know if you need anything else, but please do not forget that positive rating. Thank you!
Customer: replied 12 months ago.
Sorry I will let you go after I've understood this part clearly -- I'm currently still in London. So once he's filed a petition and during this process ( I would make this petition difficult to go through ) If I'm back and forth in the states and Uk ?
Expert:  Guillermo Senmartin replied 12 months ago.
Do not worry, even after you leave a positive rating, the session does NOT close. I wish they would remove that. I have had customers come back a week, a month, or even more than a year later to ask a follow-up on the same session/thread without additional charge. So don't worry about that. Anyway, that is correct, you will find it extremely difficult to visit once that petition is filed for you.
Customer: replied 12 months ago.
I would have to remain in the states for over a year until I get my green card -- then I can come to London. Meaning even one visit in the Uk to see family during this petition will complicate my working visa in the states?
Expert:  Guillermo Senmartin replied 12 months ago.
After you get your green card, you can come in and out of the U.S. as you like, but you should spend more time in the U.S. than outside. So for example 181+ days or more in the U.S. and 179 days or less outside of the U.S. and you should be ok.
Customer: replied 12 months ago.
once I've stayed in the Usa for a year until I get my green card - I'm free to go back and forth (which means one year I may be out of work in the states) and would have to rely on him to live ?
Customer: replied 12 months ago.
As you can see - I'm clearly not looking to do this now -- I don't want to be out of work hence why I needed to know this in detail 😁😌 thnx so much. Is it possible to get a work permit visa earlier ?
Expert:  Guillermo Senmartin replied 12 months ago.
No. You don't understand. You cannot just wait in the U.S. to get your green card. The pending I-130 does NOT give you any legal status. So let's say you had an ESTA Visa Waiver that gives you 90 days. You enter it, get married and file an I-130 immediately. Within 3 months, you still have to leave on time but at least you get a jump on the 1.5 years or so, but after you leave, you will be stuck outside for a year or more while you wait outside. They won't let you back in to visit since you have a pending I-130. This is the problem with marrying an LPR instead of a U.S. Citizen. Please don't forget that positive rating. I only keep mentioning it because if you can believe it, about 30% of people on this site don't leave a positive rating and since I am not given a salary to be here, it's as if I spent my time responding for free. So you can understand, that's like working 40 hours per week, 5 days a week and not being compensated for every Friday and most Thursdays. Talk about unfair! So I hope you leave that positive rating. Your question does NOT close if you forgot to ask something. You aren't charged again if you respond on the same thread. If you don't see the stars by my name, just let me know. Thank you for your understanding.
Guillermo Senmartin, Attorney At Law
Category: US Law
Satisfied Customers: 107990
Experience: Over 12+ years of experience in various areas of U.S. Law and 15+ years of experience in U.S. Immigration Law..
Guillermo Senmartin and other US Law Specialists are ready to help you
Customer: replied 12 months ago.
Thank you so much for all your help. Xxxxx
Customer: replied 12 months ago.
They charge 260pounds for this level of advice here in the uk. People like me cannot afford that level of advice - and you have really answered all my questions for me at a budget I could afford - thank you.
Expert:  Guillermo Senmartin replied 12 months ago.
Wow! Well, that's about the same as here, sort of. I'm glad you found the service useful. Thank you for the positive rating. For this topic, if you have additional questions, just post here as a response on this session. For a different topic, if you would like to request me in the future, please remember to put FOR GUILLERMO in the subject line and message box. Good luck to you!
Customer: replied 12 months ago.
Many thanks, :) goodnight now and enjoy your weekend.
Expert:  Guillermo Senmartin replied 12 months ago.
Likewise!!!
Customer: replied 12 months ago.
I just thought of a question - please respond any time your free. While I have this pending I-130 (and I'e returned to the UK to wait for my work visa)... and during this time I get an audition based in USA to work -- will I not be able to work as a casting company may want to peition for me ?I say this because I've recently auditioned for a project on warner brother and I had a second call back but yet no answer.. Now if they want to appoint me as an actress and I have this pending I-130... will this stop me from gaining work permit through the production company?Is our conversation private or open for others to read?Thanks,Kiran
Expert:  Guillermo Senmartin replied 12 months ago.
Unfortunately, they aren't going to let you in. Honestly, you aren't even supposed to use an ESTA or B-2 for that purpose. Remember, the point of a visit is to visit, They don't even want you to look for a job, per se. This is very regulated because the U.S. does not want foreign competition for jobs, so for example, if your audition goes well, you may put a U.S. actor out of a job. And this is not a private forum, so others can read it. Luckily, I'm not asking for your name and such nor will I.
Customer: replied 12 months ago.
Sure, that makes all sense now. But the audition took place in the UK so the job would be from here but to shoot in the states. And if that were to happen - I didn't want his petition to complicate my career. One again thank u so much for all you help :)
Expert:  Guillermo Senmartin replied 12 months ago.
My pleasure!

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