Immigration conundrum: How do I bring my spouse here?

[fanbladeswinger 0]

A few weeks ago, my spouse came the the U.S. and we got married. They arrived on a valid tourist visa, and afterwards returned to Croatia. During their visit here, they had several positive meetings with a local university about doing a post-doc fellowship. University officials informed them that they would have an opening this autumn and they would recommend my spouse for the position. My spouse is currently working at a University in Croatia, and their work contract there will end in January.

When I officially apply to bring them to join me in the U.S., I've heard that the form I would have to fill out (I-130) will take 10- 12 months to be completed, and during that time my spouse would not be able to visit or work in the U.S. However, we are now wondering if we should wait to see if they are offered the post-doc position, and sponsorship, by the local university and then adjust their status once they're in the U.S. Is this doable? What is the wisest choice here?

[j&ana 378]

your spouse can visit you in the U.S.A while you are doing the CR-1 visa process (which includes the filing of the I-130 petition as the first step).

Your spouse can also apply for tourist or work visa while the CR -1 visa is in process. I do not know where you got your information from but it is wrong

Edited September 7, 2015 by j&ana

[Cheezees 1,514]

Just so you know, obtaining a visa with the sole intent to adjust status is considered immigration fraud. If you are married, your spouse has a legitimate reason to adjust their status. If you are already married, it is extremely ODD to try to bring your spouse here on a school/work visa.

[fanbladeswinger 0]

My spouse already has a tourist visa to come to the U.S. However, we'd been told by a lawyer that once I begin the CR1 process with submission of the I-130, my spouse may be turned away from entering the U.S. by American customs officials. They would have to wait until they receive their green card in order to come to the U.S.

[Hypnos 6,578]

Key word: "may".

[Boiler 45,993]

Some visas are dual intent.

[Moustafa/Crystal 65]

If it was me, I would get started on the CR1 right away since the job is not a sure thing. If things go well and you have all your proverbial "ducks in a row", your spouse could be here in 8-14 months.

I am assuming you are a US citizen.

Edited September 7, 2015 by Moustafa/Crystal

[Cathi 5,783]

your spouse can visit you in the U.S.A while you are doing the CR-1 visa process (which includes the filing of the I-130 petition as the first step).

Your spouse can also apply for tourist or work visa while the CR -1 visa is in process. I do not know where you got your information from but it is wrong

no, one does not apply for a work visa, an employer does it on behalf of someone they want to hire. And they are granted only to very specialzed workers. Employers are not allowed to hire foreign workers for jobs that US citizens or LPRs are qualified for

[j&ana 378]

no, one does not apply for a work visa, an employer does it on behalf of someone they want to hire. And they are granted only to very specialzed workers. Employers are not allowed to hire foreign workers for jobs that US citizens or LPRs are qualified for

The employer will send in the petition but the immigrant is the one applying for the work visa. Yes you are right it is only granted to specialize worker for the most part. My point was that when doing the CR-1 visa it is possible to come to the U>S>A on another visa while the CR-1 visa is in process.

How to Apply

After USCIS approves the Petition for a Nonimmigrant Worker (Form I-129), you may apply for a visa. There are several steps in the visa application process. The order of these steps and how you complete them may vary at the U.S. Embassy or Consulate where you apply. Please consult the instructions available on the embassy or consulate website where you will apply.

[j&ana 378]

The smart choice will be to do the CR-1 visa and let your spouse wait in her country for the visa. If you are worry about her being able to visit. Yes she can visit. If you are worry about the job. Maybe the university will wait for her. IF not then perhaps she could get a job at another university.