h1-b route and cr-1 spouse visa later or change of status and greencard route?

[Makka 0]

Hi everyone! I will keep this short and sweet. Any advice greatly appreciated. Thank you in advance.

My fiance and I have been dating for two years. I am a US citizen and he is a citizen of another English speaking country. My finance currently lives in the USA with me and is on the j-1 18 month trainee visa which expires next year. His company offered to sponsor him on the h1-b visa but we definitely want to get married next year regardless. What it has come down to is should he go the h1-b visa route or the change of status from j-1 visa to green card visa through marriage?

There are pros and cons to both situations. If he went the h1-b visa route, he wouldn't have to pay certain taxes, and if he went the change of status green card route through marriage, he wouldn't be stuck to one company and could start the naturlization process sooner.

Our plan is to stay in the USA for the next 3-4 years when I finish up school then go back to his country for 5-10 years then move back to the USA for good. We aren't sure if he should become a naturlized citizen now or if we should start that process when we come back to the USA after living in his country for 5-10 years.

I personally would prefer for him to go the change of status, get his green card, then become naturlized, before we leave the USA because we won't have to deal with US immigration again and wouldn't have any problems coming back to the USA. We have the time and money for it now.

Has anyone been through the naturalization process? From what I gather, he can start the naturalization process after holding his green card through marriage at 2 years and 9 months. From the time you start applying for the naturlization process, do you know how long it takes?

Thanks and any thoughts welcome.

[amykathleen2005 441]

Just looking at your situation if I were you I would go the marriage route and go through until he is a citizen. If he were to leave the US as a permanent resident for a long period of time it may be considered abandoned. Might as well do it all now and then you don't have to worry.

Moving to Adjustment of Status: work visas as this is not about CR1

[Makka 0]

Thank you Amy Kathleen! I'm just not sure if he would be taxed a lot on his income when we move back to his country if he were to become a U.S. naturalized citizen. Our countries do have a tax agreement but I haven't read it.

Just looking at your situation if I were you I would go the marriage route and go through until he is a citizen. If he were to leave the US as a permanent resident for a long period of time it may be considered abandoned. Might as well do it all now and then you don't have to worry.

Moving to Adjustment of Status: work visas as this is not about CR1

[aayitrun 66]

you can do h1 and your aos at the same time. this way u can do aos conveniently at your own schedule.

also if u plan to stay here for 3-4 years you may as well get his citizenship so hes clear for life then.