Spousal Visa / Work Visa

[Buster1995 0]

Firstly apologies as I am sure this question has been addressed previously.

After dating for 6 years my American girlfriend and I got married in September 2015. She continues to live and work in the US whilst I live and work in the UK. Obviously the idea is that at some point we live at the same address ! (even the same continent would be nice !)

I appreciate we need to take proper advice but could someone walk me through the spousal visa process.

I also have an offer of employment from the US - not sure if it helps but the US entity offering me employment could make a case for the role being one that would be hard to fill in the US due to my work expertise. Does this help me ?

In the expert opinion of those on this board should I pursue the spousal entry route or the employment entry route ?

Hope this makes sense. Any thoughts appreciated.

Buster1995

[canadian_wife 1,829]

I appreciate we need to take proper advice but could someone walk me through the spousal visa process.

I also have an offer of employment from the US - not sure if it helps but the US entity offering me employment could make a case for the role being one that would be hard to fill in the US due to my work expertise. Does this help me ? Help you for what? Are you chasing an employment visa or a spousal visa?

In the expert opinion of those on this board should I pursue the spousal entry route or the employment entry route ? Has the employer expressed interest in getting you a work visa? A job offer does not count

Welcome to the forum and good luck

[Buster1995 0]

_{Canadian Wife,}

_{I guess my question is which visa route is preferable - work or spousal ?}

_{Yes the employer would get me a work visa.}

_Buster1995

[JFH 12,191]

Personally, my choice would be a spousal visa. I'd rather be seen as my husband's wife than an employee. If you see what I mean. Being my husband's wife is more important to me than a job, if that makes sense.

Anyway, how long would the work visa be for? They are often for a fixed period. Does the company know what is involved in bringing someone from overseas to the company. It's not easy. The spouse visa is easier, assuming you meet all the criteria.

I also think if you were to apply for a work visa they might wonder why someone with a more guaranteed and easier route (a spouse) isn't applying for a spouse visa.

[Buster1995 0]

_JFH,

_{Thank you, that makes total sense. So how complicated is the spousal visa ?}

_Buster1995

[Penguin_ie 5,997]

The spousal visa is not complicated, as long as you can read and follow detailed forms.

[Nich-Nick 3,354]

_JFH,

_{Thank you, that makes total sense. So how complicated is the spousal visa ?}

_Buster1995

A spouse visa makes you a greencard holder the day you enter the U.S. You can apply for US citizenship three years later. A work visa is a visa that lets you work, but does not necessarily lead to permanent residency.

How hard is it? Well there is a lot of paperwork, instruction reading, and guide reading. Thousands do it themselves. Or you can pay a lawyer to tell you what forms and documents to prepare. If you mean "how hard" is it to get somebody to approve you...not hard if you are a real couple and not pulling some immigration scam. It's just a process that takes longer than you wish, but you'll get there.

The "How to" is on this website. Get on a computer, not your phone, http://www.visajourney.com/content/i130guide1

[mallafri76 1,012]

Depending on your field of work and whether or not you work for a large international company, some work visas are actually processed really fast. This process involves the company getting a labor certificate as well as petitioning for you. There are visas for temporary as well as permanent workers.

For the spousal visa, count around a year, give or take a couple of months. It involves multiple forms and fees. You have the full guide in a link on top of the VJ page.

[mallafri76 1,012]

A spouse visa makes you a greencard holder the day you enter the U.S. You can apply for US citizenship three years later. A work visa is a visa that lets you work, but does not necessarily lead to permanent residency.

In OP's case I believe it's five years, as they are yet to marry. If married less than two years when entering the US on a spousal visa, you get a conditional green card for two years after which you can remove conditions and become a permanent residence. Three years after that you can apply for US citizen. So five years to US citizenship when entering the US on a CR-1 visa and three years when entering on a IR-1 visa.

[Penguin_ie 5,997]

In OP's case I believe it's five years, as they are yet to marry. If married less than two years when entering the US on a spousal visa, you get a conditional green card for two years after which you can remove conditions and become a permanent residence. Three years after that you can apply for US citizen. So five years to US citizenship when entering the US on a CR-1 visa and three years when entering on a IR-1 visa.

That is incorrect.

5 years is if you are not living in a bonafide relationship with a USC.

If the Op married, they get the conditional greencard, remove conditions after 2 years, and get citizenship after 3 years from the date they became a conditional greencard holder.

Edited January 25, 2016 by Penguin_ie

[Nich-Nick 3,354]

The OP is married. Sept 2015.

With a spouse visa, he becomea a permanent resident the day he enters the U.S.

THREE years later he is eligible to become a citizen based on his marriage to a USC.

Edited January 25, 2016 by Nich-Nick

[IcezMan_IcezLady 582]

The OP is married. Sept 2015.

With a spouse visa, he becomea a permanent resident the day he enters the U.S.

THREE years later he is eligible to become a citizen based on his marriage to a USC.

Your statement is incorrect.

OP and his spouse have been married for less than 2 yrs. So if that status still applies by the time of filing, he will not automatically get 10yr green card. He will get conditional 2 yr GC.

What Is Conditional Residence?

If you have been married for less than two years when your foreign citizen spouse enters the United States on an immigrant visa, his or her permanent resident status is considered “conditional.” The immigrant visa is aconditional resident (CR) visa, not an immediate relative (IR) visa.

You and your spouse must apply together to USCIS to remove the conditional status within the ninety days before the two-year anniversary of your spouse’s entry into the United States on his or her immigrant visa. The two-year anniversary date of entry is the date of expiration on the alien registration card (green card). See Remove Conditions on Permanent Residence Based on Marriage on the USCIS website.

http://travel.state.gov/content/visas/en/immigrate/family/immediate-relative.html#2

[Boiler 46,325]

Generally, but not always, a Work Visa is a better bet, which one is it?

[Nich-Nick 3,354]

Your statement is incorrect.

OP and his spouse have been married for less than 2 yrs. So if that status still applies by the time of filing, he will not automatically get 10yr green card. He will get conditional 2 yr GC.

What Is Conditional Residence?

If you have been married for less than two years when your foreign citizen spouse enters the United States on an immigrant visa, his or her permanent resident status is considered conditional. The immigrant visa is aconditional resident (CR) visa, not an immediate relative (IR) visa.

You and your spouse must apply together to USCIS to remove the conditional status within the ninety days before the two-year anniversary of your spouses entry into the United States on his or her immigrant visa. The two-year anniversary date of entry is the date of expiration on the alien registration card (green card). See Remove Conditions on Permanent Residence Based on Marriage on the USCIS website.

http://travel.state.gov/content/visas/en/immigrate/family/immediate-relative.html#2

I did not even mention removing conditions in my statement. I said he Is eligible for citizenship after being a permanent resident, ie greencard holder, for three years. He is still a permanent resident whether his card is issued for two years or ten years. If you have a greencard, your status is LPR.

You are correct there are conditions placed on his permanent residency because he will get the two year card and will have to renew it by documenting his marriage. But three years after that initial two year LPR status is granted, he can become a USC if he stays married to his petitioner and of course remembered to renew his two year card before it expired.

Are you disputing citizenship in three years is possible? My husband got a two year card in April 2009. In April 2012 he interviewed for citizenship. His oath ceremony was 5-16-2012. It happens.

[Adil & Jeanne 296]

• Would the work visa allow you to live close to your spouse?
• and for how long would you work for this company?
• If the company wants to pay for this, i would let them as this type of visa is expensive then all you would do is apply for AOS or stay the 3 years and do the citzenship / right at this time the AOS is 1050 and the citzenship is 650 +/-

different options and opinions from different people