O-1 to green card via family

[audreyuk 0]

Hello All,

Not sure if I picked the correct forum, but let me take a stab. I am an American citizen (by birth) married for 4 years to a Mexican citizen. After we were married we immigrated to the UK where we lived for 2 years. Now, my husband and I live in Texas (and have for the past 2 years) and he is working on an O-1 visa. We would like to start the green card process but are not sure what the proper procedure is given our circumstances. I should also say that my husband also has work contracts abroad (UK and France) that will require him to leave the US for 2 separate 6 week intervals (all the while still employed in the US.) He needs to be able to leave for his contract jobs but also to still live in the US so he can work his main job.

Any idea what petitions we should file? Any help is GREATLY appreciated!

[Harpa Timsah 13,258]

Well normally you would submit a concurrent I-130/I-485 package. You can find the guide up in the guide section, for spouse living in the US.

However, there will be a time (3 months ish) that he cannot travel outside the US or his I-485 will be abandoned. If you can find 3 months, then you would submit the application at the beginning of that period. After 3 months he would get a temporary travel document that allows him to travel.

If you don't have 3 months, then you could pursue a separate spousal visa, that he would interview for in his home country, then he could travel to the US on that new visa and become a Legal Permanent Resident upon entry with that visa.

Now one thing for you to look into before taking my advice all the way, is if O-1 visa is "dual intent." I took a cursory glance and something said it was non-immigrant, and something else said it could be considered dual intent. If it is dual intent, then you can just do the I-130/I-485 and continue to travel. Ask a lawyer or someone about that (maybe someone in the forum will know for sure).