AOS from a work visa?

[Unknown1983 0]

I am a USC married to a UK Citizen. I have an opportunity to possibily bring my husband to the US through a work visa. Once he arrives via this visa, could he then adjust status to CR-1? Does he have to work for the employer for a specified amount of time? Will he be denied a work visa because of his marriage to me? I was looking online at the USCIS website but was confused as to how this works. Any help would be greatly appreciated. Thanks!

[Dan J 277]

I am a USC married to a UK Citizen. I have an opportunity to possibily bring my husband to the US through a work visa. Once he arrives via this visa, could he then adjust status to CR-1? Does he have to work for the employer for a specified amount of time? Will he be denied a work visa because of his marriage to me? I was looking online at the USCIS website but was confused as to how this works. Any help would be greatly appreciated. Thanks!

You don't adjust status to CR-1 you would adjust to a Permanent Resident. Adjusting off a non-immigration visa through marriage to a US citizen can only be done if there was no intent to immigrate at last entry.

You can certainly apply for a CR-1/IR-1 visa while he is visiting on another visa. He will have to return to the UK for the interview. If he were to just apply for a work visa, being married to a USC could possibly affect getting that visa, and the consular officer may decide that your husband has immigration intent and deny the visa. If you want your husband to come to live permently in the US, CR-1/IR-1 path is your best bet.

[Dakine10 5,452]

I am a USC married to a UK Citizen. I have an opportunity to possibily bring my husband to the US through a work visa. Once he arrives via this visa, could he then adjust status to CR-1? Does he have to work for the employer for a specified amount of time? Will he be denied a work visa because of his marriage to me? I was looking online at the USCIS website but was confused as to how this works. Any help would be greatly appreciated. Thanks!

If it is a work visa that allows dual intent, such as an H1B for example, it could be done safely. Not by CR-1, but by filing an I-130/I-485 and adjusting status in the USA.

If it is strictly a non-immigrant work visa, it would probably be very difficult to do succesfully without misrepresenting the facts. To get the work visa, he would have to convince USCIS that he does not have immigrant intent. That would be hard in the first place. Then adjusting status would display clear immigrant intent.

IMO, there would be a real risk of them finding visa fraud if it's done this way, increasingly so if it's done in a short time frame. And if the question of immigrant intent comes up at the AOS interview which it could, you are between a rock and a hard place. Telling the truth would result in a finding of visa fraud, and lying, well no need to even go there.

I'm not familiar with the CR-1/IR-1 route, but if it can be done the way Dan + Gemvita suggested, that would seem to be a safer way of doing it.