Will I need a Spouse Visa in my case?

[NigeriaorBust 4,087]

Actually once the parents are USC's he can marry you. That path takes YEARS. If he only has a green card to petition a spouse also takes 2-3 years. Because so many want to come to the US there is usually no quick path to get here.

[speedwell 224]

I'm a little confused. Because we will have to tell the truth of our engagement, it is better to just not to get engaged because it could hinder the chances of my boyfriend getting his green card through his parents? Or did you mean marriage? Sorry if I misunderstood

It should not affect his chances, since the law mentions only married children. I am being super careful and second-guessing the immigration official's reasoning. An unmarried child is normally thought of as a dependent who will live with the parents.

I did some research and I did find something out. If your boyfriend is transferred on an L visa, and you are a "dependent spouse" (i.e. married and traveling with him), there is a way for you to request work authorization. See this page for more information: http://www.uscis.gov/portal/site/uscis/menuitem.eb1d4c2a3e5b9ac89243c6a7543f6d1a/?vgnextoid=13ad2f8b69583210VgnVCM100000082ca60aRCRD&vgnextchannel=13ad2f8b69583210VgnVCM100000082ca60aRCRD

You may also marry and still be eligible for his citizen parents to apply, though this takes a truly crazy amount of time... http://www.uscis.gov/portal/site/uscis/menuitem.eb1d4c2a3e5b9ac89243c6a7543f6d1a/?vgnextoid=86493e4d77d73210VgnVCM100000082ca60aRCRD&vgnextchannel=86493e4d77d73210VgnVCM100000082ca60aRCRD In this case you as his wife can be included in his petition. Almost any petition is faster than this one, though.

Edited May 17, 2013 by speedwell

[Sunshiine 1]

@NigeriaorBust Thank you for letting me know Yeah it's incredible that it takes so long to go through the process!

It should not affect his chances, since the law mentions only married children. I am being super careful and second-guessing the immigration official's reasoning. An unmarried child is normally thought of as a dependent who will live with the parents.

I did some research and I did find something out. If your boyfriend is transferred on an L visa, and you are a "dependent spouse" (i.e. married and traveling with him), there is a way for you to request work authorization. See this page for more information: http://www.uscis.gov/portal/site/uscis/menuitem.eb1d4c2a3e5b9ac89243c6a7543f6d1a/?vgnextoid=13ad2f8b69583210VgnVCM100000082ca60aRCRD&vgnextchannel=13ad2f8b69583210VgnVCM100000082ca60aRCRD

You may also marry and still be eligible for his citizen parents to apply, though this takes a truly crazy amount of time... http://www.uscis.gov/portal/site/uscis/menuitem.eb1d4c2a3e5b9ac89243c6a7543f6d1a/?vgnextoid=86493e4d77d73210VgnVCM100000082ca60aRCRD&vgnextchannel=86493e4d77d73210VgnVCM100000082ca60aRCRD In this case you as his wife can be included in his petition. Almost any petition is faster than this one, though.

Thank you so much for finding this! This has definitely taken some weight off of my shoulders, haha. I indeed read on the site link you showed me that as a dependent spouse (L2), while my to-be-husband will be on a L1 visa, that I can request employment authorization. That is great news!

In a way, if we do already want to get married, but there is no rush, it is good to know that his parent's can still apply permanent residence (green card) for him:) But yeah, the amount of time it takes is ridiculous. It is of course something to think about getting started with! If my partner does get a job in America ,let's say within a year, and we both can get our appropriate visas arranged, then in the meantime while we are in America on those visas, we can continue working on obtaining the green cards.

Who knows after all we do win the green card lottery, haha! What a luck that would be!

Thank you again

Edited May 17, 2013 by Florentine

[Ryan H 3,821]

Moved from IR-1/CR-1 Process & Procedures to General Immigration-Related Discussion.

[bigdog 376]

I hope you an work this out, I vote for the employer to handle the visa as the easiest. If you were a spouse on a L visa, you might look that up. http://en.wikipedia.org/wiki/L-1_visa

[Harpa Timsah 13,258]

Yes, you are seeking either a derivative visa, or your own visa. He will probably be transferred via L-1 visa, and you got the information on that. Marriage-based visas are only for US people, either citizens or permanent residents, and your bf is not those.

It is possible for the company that sponsored the L-1 to apply for a Greencard for your boyfriend after he is in the US. If they do that (and if you are married and on a derivative visa) they can also apply for a Greencard for you. A Greencard makes you a permanent resident. I'd pursue that avenue once in the US. The thing is, on the L-1, he has to work for the company that sponsored him, and with a GC he can work anywhere. Companies are a little reluctant to open the cage for their birdies, but a good company will do that,or have some sort of plan for it. Good luck.

[Boiler 45,952]

It does sound like a L1 so if you married you would get a L2 and be work authorised.

The other option would be a B2 Cohabitating, but then you are just a long term visitor.

[Autumnal 25]

The L-1 is a good option, and you as the L-2. Waiting to get into the US is painful, I know it! Keep your chin up, Florentine, it will work out.