Which marriage-based green card would be the better option?

[fdot1994 0]

Hi everyone!

Apologies - not exactly sure the names of all the visas / forms etc.  Will probably speak to a lawyer about this, but appreciate any preliminary information anyone can share on this...

I graduated from a US university last May and have been working in the US on my OPT since then. My company applied for the H1B on my behalf, and I was very sadly not selected in the lottery. Since I did not study a STEM subject, they will be transferring me to an international office for a year, with the intention of bringing me back to the US in 13 months on an L1 visa. Obviously very disappointed to leave the US, but at end of the day I know I'm in a pretty good place.

I have been dating my boyfriend for the past 4 years, and we are planning on getting married at some point soon. He has gotten a job in the US so will be staying here for the next year.

What I'm wondering is what the best avenue for a marriage-based green card would be:

• Applying from the country I will be based for the next year

  • Possible issues I see here is thatI know it takes a very long time, and it is likely that I would not get the CR1 visa before I could come back on the L1 with my company. Would it be an issue if I came to the US on that visa? I'm not really sure how that would work.

  • A question I have is whether the EAD I know you get ~3 months after applying for an AOS marriage-based green card can also be applicable to the CR1 visa. i.e. is there a chance I could come back to the US after three months? I'm assuming this is unlikely, as I haven't seen anything about it online, but wanted to check.

• Waiting to apply until I come back to the US on my L1, and processing the application while we are both in the US.

One thing potentially worht mentioning is that we were in uinversity for three years of our relationship, and for the last year I have been living at my parents' home in the US (not US citizens / green card holders) / he has been doing graduate school and not earning money. To this end, we do not have much or any evidence of cohabitation or mixed finances and obviously we don't have much of an opportunity to gather this in the coming year since we will be living in different countries.

Hopefully this is clear, and appreciate any help or advice in advance!

[fdot1994 0]

17 minutes ago, Dee elle said:

What is the current status of your boyfriend.. LPR..USC... student visa... or.. ??? 

 

Oh sorry - he is a US citizen!

[pushbrk 12,908]

Note that EAD and Advance Parole are taking longer now.  For years, you could count on about 3 months but not lately.

[Ryan H 3,812]

Moved from What Visa Do I Need - Family Based Immigration forum.

[Dashinka 24,519]

On 6/13/2018 at 3:22 PM, fdot1994 said:

Hi everyone!

Apologies - not exactly sure the names of all the visas / forms etc.  Will probably speak to a lawyer about this, but appreciate any preliminary information anyone can share on this...

I graduated from a US university last May and have been working in the US on my OPT since then. My company applied for the H1B on my behalf, and I was very sadly not selected in the lottery. Since I did not study a STEM subject, they will be transferring me to an international office for a year, with the intention of bringing me back to the US in 13 months on an L1 visa. Obviously very disappointed to leave the US, but at end of the day I know I'm in a pretty good place.

I have been dating my boyfriend for the past 4 years, and we are planning on getting married at some point soon. He has gotten a job in the US so will be staying here for the next year.

What I'm wondering is what the best avenue for a marriage-based green card would be:

• Applying from the country I will be based for the next year

  • Possible issues I see here is thatI know it takes a very long time, and it is likely that I would not get the CR1 visa before I could come back on the L1 with my company. Would it be an issue if I came to the US on that visa? I'm not really sure how that would work.

  • A question I have is whether the EAD I know you get ~3 months after applying for an AOS marriage-based green card can also be applicable to the CR1 visa. i.e. is there a chance I could come back to the US after three months? I'm assuming this is unlikely, as I haven't seen anything about it online, but wanted to check.

• Waiting to apply until I come back to the US on my L1, and processing the application while we are both in the US.

One thing potentially worht mentioning is that we were in uinversity for three years of our relationship, and for the last year I have been living at my parents' home in the US (not US citizens / green card holders) / he has been doing graduate school and not earning money. To this end, we do not have much or any evidence of cohabitation or mixed finances and obviously we don't have much of an opportunity to gather this in the coming year since we will be living in different countries.

Hopefully this is clear, and appreciate any help or advice in advance!

The EAD does not apply to the CR1 since when the beneficiary enters the country on an approved CR1, they already have a GC, so there is no need for the EAD.  Considering you are at least a year away from the L1 through your company, you might consider the CR1 as the best option.  I think the current processing times for the CR1 is 12-16 months and as I said, the immigrant spouse will then enter with a GC in hand.  As to living apart as a married couple, many people are in the same boat and make it through with whatever cominglingly of the relationship they can organize.  Of course, it all really depends on when you and your boyfriend actually want to get married, it might simply be a better option to come back with your company on the L1 then get married.  

 

GoodLuck!

Edited June 19, 2018 by Bill & Katya