Appreciate your advice unmuddling my situation

[veryveryvery 0]

Greatly appreciate the help on straightening this out.. I will start by mentioning I lived in NY for 5 years on various L1 and E2 visas through work sponsorship. Whilst there I moved into an apt and met my boyfriend (he is american citizan and  20 yrs my senior although I am 30 so Im not sure this matters!) I recently returned to Europe as I lost my job due to the corona virus. I would like to return to the US and my boyfriend and I believe that if we marry it will be our best option to be reunited. 

 

a few questions for the best/fastest/ most simple route for this.... 

 

Is it better to marry first (he will come to Europe for the wedding) or better for me to return to the US on a fiance visa? (how long does this visa take to apply for in UK/switzerland)

 

If we marry outside of US how long will I typically have to wait before I can return to the US and start working - is this possible to go immediately while I wait for Green Card or do I need to wait for a while before returning with him? 

 

If I decide the best route is to return to the US now on fiance visa can I work while I wait for my Green Card to be approved? 

 

Ultimately, as I am sure is the case for most people, I dont mind where and when we marry it is more important to us to be reunited back in NY as soon as possible. I will also need to work as my boyfriend can not financially support us both alone. 

 

Thank you so much in advance - I know how complex matters of US immigration are!! 

 

 

[Boiler 45,557]

The only realistic option is to marry and file CR1 will probably take a year and some.

[Lucky2Lucky 2,526]

Also if your boyfriend can not support you he needs to find a qualified joint sponsor.

[SalishSea 17,842]

59 minutes ago, veryveryvery said:

If I decide the best route is to return to the US now on fiance visa can I work while I wait for my Green Card to be approved? 

No, you cannot work without a GC/EAD.  If finances are tight, and you cannot afford not to work, then the K-1 isn't a great choice.

[SusieQQQ 11,586]

Neither of those options realistically see you able to return to the US in less than about a year. With a spouse visa you would be able to work as soon as you entered on the visa (immigrant visa). A fiancé visa you would still need to adjust status and apply for an EAD and it would be still more months after landing in the US before you could legally work. So spouse/CR1 visa is probably best for you, but neither is fast.

 

 

Edited November 4, 2020 by SusieQQQ

[veryveryvery 0]

@Boiler @SusieQQQ @Jorgedig @Luckycuds thank you so much for your replies ❤️ 

 

So, as I understand, marriage abroad, file CR1, wait for one year for approval, on receiving a certain status (?) I can enter USA and work while i wait for full GC? 

 

would I be able to enter on a tourist visa at various points over the year of waiting so I can see my husband? or will this be unwise / interupt the status of my application? 

 

In the past while I have waited for work visas to be approved I have been OK to be in USA as long as I have only left the country to have my final appointment in a foreign embassy..  I understand this is not the case for this route? 

 

Does the Joint Qualified sponsor have to be american? I will have a lot of my own money (selling my house) but my family, in europe can also help support me? 

 

Thank you so much 

[SusieQQQ 11,586]

You don’t receive a “status”, you receive an immigrant visa after your interview for a CR1 spousal visa at the embassy. When you enter on that immigrant visa to the US, you immediately become a lawful permanent resident (green card holder), which automatically gives you the right to work. You don’t have to wait for a “full GC” (by which I presume you mean the plastic green card), your immigrant visa converts to a temporary GC on entry. You have full GC rights the second your immigrant visa is stamped for entry.

Yes, you can visit in the meanwhile, ensure you take proof to show that each of those visits will be temporary. Remember admission is always at the discretion of CBP.

 

Please carefully read the instructions for form i1864 https://www.uscis.gov/sites/default/files/document/forms/i-864instr-pc.pdf , they explain under what circumstances the assets of the intending immigrant may be used.  Any sponsor or joint sponsor must be legally resident (US citizen or green card holder) and domiciled in the US.

 

Edited November 4, 2020 by SusieQQQ

[aaron2020 11,651]

8 hours ago, veryveryvery said:

@Boiler @SusieQQQ @Jorgedig @Luckycuds thank you so much for your replies ❤️ 

 

So, as I understand, marriage abroad, file CR1, wait for one year for approval, on receiving a certain status (?) I can enter USA and work while i wait for full GC?   No.  As a visitor to the US, you are not allowed to work.  You would only be able to legally work after you get your immigrant visa, enter the US, and activate your GC status.  

 

would I be able to enter on a tourist visa at various points over the year of waiting so I can see my husband? or will this be unwise / interupt the status of my application?  You can visit your husband.  Visiting the US will not interrupt the spousal visa process.  

 

In the past while I have waited for work visas to be approved I have been OK to be in USA as long as I have only left the country to have my final appointment in a foreign embassy..  I understand this is not the case for this route?  You can legally visit the US.  You can't work.  You can't live here while waiting.  You can only visit.

 

Does the Joint Qualified sponsor have to be american? I will have a lot of my own money (selling my house) but my family, in europe can also help support me? You may be able to use your assets on the I-864.  Your family in Europe can not be your Joint Sponsor.  Your Joint Sponsor must be a US citizen or green card holder.  

 

Thank you so much