First Post, a few questions!

[MrsGrieves 0]

Hello all! I'm a new poster here on VJ but I've been lurking a lot lately, trying to find information about my upcoming visa process. I met my husband last year and we were recently married (July 9th!) in my hometown. It was a small wedding with a few friends and my parents, but it was lovely and perfect. We're planning a bigger wedding for the future, but this was perfect for right now.

I've been doing a lot of reading here lately, and have some basic questions answered already. I hope I'm not repeating a commonly asked question, but I did a search and didn't find too much information about my particular case. Basically, my husband came to the US originally (for the first time) on a J-1 intern visa, working for a company on the East Coast. His J-1 expired April 1st, and he returned to France. He does not have a 2 year residency requirement, and the company that hired him here in the states has also applied for an H1-B on his behalf. He assumes he will find out around the end of August/beginning of September about his H1-B status, but will likely not be able to come for work prior to January, due to budget issues at his company. What we're trying to figure out is if we should wait for the H1-B news before we process our K-3 and I-130, or if we should just go ahead and file once we get our marriage certificate back. We've got most of the documents already to file, just waiting on the certificate to include in the packet. I know cost-wise, it would make more sense to wait for the H1-B to be approved (or denied), but my concern is if it is denied, thats a couple of months we will have to wait to be together. If we do go ahead and file, and then he is granted an H1-B anyways, what, if any, issues would arise? The advantage of coming on the H1-B is that he already has an employment offer and could, in theory, begin working right away. I'm guessing we could abandon the I-130/K-3 at that point and file for AOS, but I'm not sure. If anybody knows anything about H visas or is in a similar situation, I'd love to hear your stories or advice!

Thanks in advance for any replies! I'm so glad there is a forum like this for people like us...I can't imagine how people emigrated before the internet!

[Bobby+Umit 161]

You should file for the CR-1, not the K-3 (cr-1 is better imo).

I'm not sure what you should do concerning the H-1b vs another visa.

However, since you are married all ready, I would file for the CR-1 right now, regardless of the H-1b. CR-1 = sure thing, H-1B as you indicated, not so sure.

[MrsGrieves 0]

CR-1, really? I thought you could only apply for that if you were out of the country?

[Bobby+Umit 161]

CR-1, really? I thought you could only apply for that if you were out of the country?

No, perhaps you were thinking of the DCF?

CR-1 Guide

[MrsGrieves 0]

I guess so! I thought the wait time for a CR-1 was like a year but I just checked and its only five months! This sounds way too good to be true! If this is the case, why do people even bother filing K-3?

[Bobby+Umit 161]

I guess so! I thought the wait time for a CR-1 was like a year but I just checked and its only five months! This sounds way too good to be true! If this is the case, why do people even bother filing K-3?

Don't know why - there was some reasoning about timing and such, but the CR-1 became better (time wise), hence the suggestion.

It also offers a greencard upon entry - immediate work, travel, unlike the K-3.

I think the costs are smaller also - can't remember off the top of my noggin.