Work Visa vs I-130? Any advice?

[GeorgiaPeach 2]

Hello All,

I have just joined this forum, as I've been told from other forums that this is a great community of people! I was hoping to receive a little guidance from anyone who can help.

I am a US citizen, and my UK husband and I currently reside in Scotland. I planned to file the I-130 petition to bring my husband back to America with me here in the upcoming 2 weeks. My plan was to complete the application process from abroad (I-130, I-864, etc). I literally have all documents ready to be sent. However, a bit of a spanner has been thrown in the works recently. My husband has been offered a position doing research with a university. They are currently working through the details of sponsoring him for a work-related visa to bring him to the US to begin this research. I am awaiting specifics from them at the moment.

My question is: how will this change our process? The work he's being offered will likely be for a 10-12 month contract, with the ability to extend it should other work present itself. However, we are looking to move and live permanently. I, too, have a job lined up for myself (which will begin when we are able to move), which can fully support the two of us, given the constraints of sponsoring a spouse (it is well above the 125% poverty guidelines). I suppose what I'm wondering is: do I hold off on sending the I-130 petition, considering the work visa could likely get us to the states faster? If so, do I file the I-130 once we are in the states with his work visa? Or can I file for the I-130 now, move to the states using his legal work visa, then file the I-485 Adjustment of Status and go from there?

I thought I had this all figured out until the work visa presented itself. Now I'm not sure what to do! Any help would be very much appreciated.

[GeorgiaPeach 2]

Hi All,

I tried to post this in the work visas section, but I've not gotten any answers, so I thought I'd try here.

I have just joined this forum, as I've been told from other forums that this is a great community of people! I was hoping to receive a little guidance from anyone who can help.

I am a US citizen, and my UK husband and I currently reside in Scotland. I planned to file the I-130 petition to bring my husband back to America with me here in the upcoming 2 weeks. My plan was to complete the application process from abroad (I-130, I-864, etc) at the DCF in London. I literally have all documents ready to be sent. However, a bit of a spanner has been thrown in the works recently. My husband has been offered a position doing research with a university. They are currently working through the details of sponsoring him for a work-related visa to bring him to the US to begin this research. I am awaiting specifics from them at the moment.

My question is: how will this change our process? The work he's being offered will likely be for a 10-12 month contract, with the ability to extend it should other work present itself. However, we are looking to move and live permanently. I, too, have a job lined up for myself (which will begin when we are able to move), which can fully support the two of us, given the constraints of sponsoring a spouse (it is well above the 125% poverty guidelines). I suppose what I'm wondering is: do I hold off on sending the I-130 petition, considering the work visa could likely get us to the states faster? If so, do I file the I-130 once we are in the states with his work visa? Or can I file for the I-130 now, move to the states using his legal work visa, then file the I-485 Adjustment of Status and go from there?

I thought I had this all figured out until the work visa presented itself. Now I'm not sure what to do! Any help would be very much appreciated.

[Boiler 45,403]

Assuming they are going for a H1b and the position is cap exempt I would go with that and then adjust to PR through you once you are there.

[velrich 50]

Did they tell him how long it would take to process the work visa?

Even if they have put in for the work visa I believe you should put in the I-130 since this if for permanent residency. The work visa does not guarantee permanent residence status and this is what you are looking for.

There is nothing wrong in having both petitions in at the same time. The DCF filing also has shorter processing times.

I hope more experienced members have good advice for you. good luck.

[GeorgiaPeach 2]

Thanks for the advice! I was thinking the same thing about moving forward with the i130 becuse permanent residence is what we are looking for. I was just concerned about having permanent residence AND a work visa applied for at the same time....I had no idea if there would be any issues with that?

Edited October 20, 2012 by GeorgiaPeach

[mindthegap 2,589]

Current processing time via dcf at the london embassy is really quick - our i-130 just got approved this week in 28 days, and current time shown on website (http://london.usembassy.gov/dhs/uscis/i130filing.html) is an unbelievably short 9 days, so that route should be be quicker (and cheaper in the long run) for you and for the company in the short term a lot cheaper and less hassle than going the H1B route and then adjusting status later.

Get the i-130 in asap while times are short.

[GeorgiaPeach 2]

Thanks, mindthegap!! We are looking to submit our documents here within the next few days, so hopefully we will get it submitted in time to keep up with the shorter processing times!