Moving to the US - guidance required

[sabukethazin]

Hi

My fiance and I are planning on moving to the US within the next 6 months, although i have little idea how realistic this is currently. our situation is as follows.

She has dual citizenship (US and UK) and has lived in the UK for the vast majority of her life. I work in IT and my job is available to me when i move, still working for the company in this country albeit remotely. We are planning on getting married pretty soon after we arrive in the states, im not sure if this makes much difference regarding what applications i should be making.

I would appreciate any advice regarding the best way to go about immigration to the US and what routes to follow etc.

Many thanks

[legalexpert]

you can come in using visa waiver and she, of course, needs no entry document as she's a u.s. citizen. after you marry she can petition you for permanent residency. however, keep in mind it'll take about 1 year for you to receive permanent residency under her petition (assuming your case will be approved).

alternatively, you can marry in the u.k. and she can petition you directly with the u.s. consulate there. if approved you will enter u.s. as permanent resident.

[JAJ]

you can come in using visa waiver

And the risk of being refused entry on arrival is ... ?

however, keep in mind it'll take about 1 year for you to receive permanent residency under her petition (assuming your case will be approved).

What about work rights and healthcare in that period of time?

Why not a fiance (K) visa if the plan is to get married in the U.S.?

[sabukethazin]

Thanks for your advice, regarding the Fiance Visa - how much grace period does this allow me once i arrive?

My employment is obvioulsy also pretty important, as i mentioned i am able to hold my job in the UK when in the US albeit remotely. Is anyone aware of problems this can cause when it comes to being accepted or with tax etc.

Thanks again for your help.

[Marco 72]

Sounds like the best thing for you might be to get married in the UK, then for your wife to go to the US and get you a K3 visa. This is a new kind of nonimmigrant visa for people who are married but do not wish to spend ages apart while the application of the immigrant spouse is being processed. See here for more details. You are allowed to work while on a K3 visa.
Alternatively, you can apply for a K1 fiance visa in the UK and get married in the US within 90 days. If you apply for I-765 at the same time you may be granted permission to work while on the K1 visa, but this is not guaranteed. See here for more details.
By the way, in order for you to take up permanent residence in the US your wife needs to petition for you, and this may be denied unless she either has sufficient funds or a job earning at least 125% of the poverty line. If she doesn't, then she can still get someone else to co-petition with her. The fact that you will already have a job there is not relevant.