Newark, CA Immigration Law Firms & Lawyers

The easiest way is to use the visa waiver program that allows a UK citizen to enter the US without a visa for 90 days. If your wedding and departure preparations can be fit within 90 days, it might be the way to go. The tricky part is that your fiance will be asked at the border about the purpose of his visit: a) if he says that he is coming to get married to a U.S. citizen, chances are that the immigration inspector will ignore his protestations about not intending to stay in the US and will deny your fiance entry; b) if he does not say anything about his marriage plans, it can have long-term consequences - governments, like elephants, do not forget; years later, when your husband might wish to accompany you to the U.S., he might find that he was blacklisted for "visa fraud" (for misstating the purpose of his visit to the U.S.) This complication can be averted by scheduling the marriage ceremony at the very end of his 90-days stay - because USCIS recognizes that a person's plans and circumstances can change over time and, after 90 days, will no longer presume fraud (that's the letter of the law; for practical purposes, 80+ days should do just fine). If you don't want to take this risk, or if you need your fiance to be in the U.S. for longer than 90 days, you should apply for a K-1 fiance visa. The forms and the instructions are at uscis.gov/forms. USCIS takes about 5 months to process the application.

I hope your company filed amended H1 to reflect the part time status otherwise it is on the hook to pay you the full salary. You should be still in status even if you are "benched', let alone on a reduced time basis.

Despite the one seemingly petty offense, you may qualify. However more information is required. It will be in your interest if you have an attorney represent you towards your naturalization application.