Getting Engaged/Married and Moving to the United States

[JarsOfClayDD 0]

Dear Community, 

 

I am very glad that I found this community that helps on visa and immigration related issues. I would be very thankful if I could get suggestion on few of my questions:

 

My questions:

 

1. My girlfriend is a permanent resident of the USA and lives in the state of NY, and I am a permanent resident of Germany (and I also have tourist visa to the USA). My girlfriend is eligible to apply on the 7/1/2022 for her citizenship via naturalization. What is the quickest way for me to be able to work and stay legally in the United States? We are open for all options. (marriage,engagement,living together )

 

2. What is the best time to get married 1) now 2) before filing 3) after filing citizenship 4) after getting citizenship : for me to be able to work and live legally (I work as a Software Engineer currently in Germany)

 

3. Fiance visa : what is this visa and what are the options under this visa To be able to live and work legally?

 

4. Knowing our situation, what's your recommendation?

 

5. If I  can work remotely from USA in a German company,  what's the best option for me to live legally?

 

6. What is your opinion to get student visa under this scenario?

 

I express my heartfelt gratitude to all the options/suggestions you give to us. 

 

Thank you

Edited December 30, 2021 by JarsOfClayDD

[powerpuff 6,714]

~ Moved from AOS work/student/tourist visas to What visa do I need as OP is not eligible for adjustment of status ~
 

27 minutes ago, JarsOfClayDD said:

What is the quickest way for me to be able to work and stay legally in the United States? We are open for all options. (marriage,engagement,living together )

People keep on asking this exact question constantly and the answer is always the same: there is no such thing as quickest. You’re looking at years here. 
 

27 minutes ago, JarsOfClayDD said:

What is the best time to get married 1) now 2) before filing 3) after filing citizenship 4) after getting citizenship : for me to be able to work and live legally (I work as a Software Engineer currently in Germany)

You can get married at any time. When you file for immigration benefits is up to you. She can start now as a permanent resident and upgrade once she becomes a citizen. Citizenship is taking 1 year and up right now on average.

 

27 minutes ago, JarsOfClayDD said:

Fiance visa : what is this visa and what are the options under this visa To be able to live and work legally?

Fiancé visa is available for fiancés of US citizens only. She can only file once she becomes a citizen and as I have said above it’s taking a while. Since you want to work here when you arrive, this is the worst option for you. Once you get here you have to wait 8-9 months for your employment authorization (EAD) and travel document (AP). Depending on your state, you cannot get a drivers license. Essentially you’ll be staying home and doing nothing. That’s the process I’m going through right now, but thankfully NY allows driver licenses regardless of immigration status. You’ll also be waiting 1-2 years for a green card once you arrive.

 

27 minutes ago, JarsOfClayDD said:

Knowing our situation, what's your recommendation?

Get married, start the process now to get F2A (spouses of permanent resident) and then upgrade once she becomes a citizen to CR1 spousal visa. You’ll get a green card and become a resident and enjoy all the privileges like working and traveling from the moment you step foot in the US.

 

27 minutes ago, JarsOfClayDD said:

If I  can work remotely from USA in a German company,  what's the best option for me to live legally?

Definitely not fiancé. You can’t work at all, even remotely. See my recommendation above on the best option for you.

 

27 minutes ago, JarsOfClayDD said:

6. What is your opinion to get student visa under this scenario?

 

Very difficult. How will you prove you don’t have immigrant intent when you clearly do? 

Edited December 30, 2021 by powerpuff

[SteveInBostonI130 3,465]

38 minutes ago, JarsOfClayDD said:

 

6. What is your opinion to get student visa under this scenario?

 

 

 

 

A student visa is a non-immigrant visa.  It is for studying in the US and then returning to your country to live/work.  You specifically stated you want to live/work in the US.  A student visa is not an option at all.

[Boiler 45,579]

The quickest option is likely for you to get a transfer with your current employer. L1 visa.

[aaron2020 11,651]

1.  Naturalization is taking 16 months.  If she applies in July 2022, she can expect to become a US citizen at the end of 2023.  The quickest way for you to legally work and live in the US is to marry and file in the F2a category, LPR petitioning a spouse.

 

2.  Get marry now and file in the F2a category.

 

3.  Only US citizens can file for a fiance.  Not an option for you.

 

4. Get marry now and file in the F2a category.

 

5.  Get marry now and file in the F2a category.  

 

6.  Zero chances with immigrant intent.  

[millefleur 5,046]

30 minutes ago, powerpuff said:

Get married, start the process now to get F2A (spouses of permanent resident) and then upgrade once she becomes a citizen to CR1 spousal visa. You’ll get a green card and become a resident and enjoy all the privileges like working and traveling from the moment you step foot in the US.

This is basically the only option I'm seeing if you don't want to wait. Get in line now and just wait it out. There's no quick way or secret to making it go faster. The earlier you get married and "get in line" then the faster it goes. It doesn't matter where you marry - Germany, US, a third country...you just need to marry.

 

12 minutes ago, Boiler said:

The quickest option is likely for you to get a transfer with your current employer. L1 visa.

This could be an option if your current employer can arrange such a visa for you. If not, then go back to the get married and file plan. Can the idea of student visa or fiance visa, as they don't make sense nor are applicable for your situation.

[JonInCA 12]

13 minutes ago, millefleur said:

This could be an option if your current employer can arrange such a visa for you. If not, then go back to the get married and file plan. 

Another approach that depending on your skills may be more likely to result in a sponsor would be to look for a new job with company in the US. That's quite realistic for a software engineer. People in the employment based visa thread can give you the likely timelines and procedures.

[Crazy Cat 41,919]

1 hour ago, JarsOfClayDD said:

Knowing our situation, what's your recommendation?

Marry now, then start the spousal visa process.

[Boiler 45,579]

H1b? More an Indian visa and a lottery.

[millefleur 5,046]

1 minute ago, JonInCA said:

Another approach that depending on your skills may be more likely to result in a sponsor would be to look for a new job with company in the US. That's quite realistic for a software engineer. People in the employment based visa thread can give you the likely timelines and procedures.

The drawback is that it's a lottery and it's also a pretty slow process: looking for a job, finding an employer who can sponsor, going through the interviews, then having said company actually get you the visa if they want you. If they get married and file now, I think it will be faster and it is also guaranteed via the spouse, whereas a work visa is competing with millions of other people for a possible chance at sponsorship. I wouldn't even waste time on it, if I were in OP's shoes, when a path through marriage is right there.

[SalishSea 17,855]

5 hours ago, JarsOfClayDD said:

Dear Community, 

 

I am very glad that I found this community that helps on visa and immigration related issues. I would be very thankful if I could get suggestion on few of my questions:

 

My questions:

 

1. My girlfriend is a permanent resident of the USA and lives in the state of NY, and I am a permanent resident of Germany (and I also have tourist visa to the USA). My girlfriend is eligible to apply on the 7/1/2022 for her citizenship via naturalization. What is the quickest way for me to be able to work and stay legally in the United States? We are open for all options. (marriage,engagement,living together )

 

2. What is the best time to get married 1) now 2) before filing 3) after filing citizenship 4) after getting citizenship : for me to be able to work and live legally (I work as a Software Engineer currently in Germany)

 

3. Fiance visa : what is this visa and what are the options under this visa To be able to live and work legally?

 

4. Knowing our situation, what's your recommendation?

 

5. If I  can work remotely from USA in a German company,  what's the best option for me to live legally?

 

6. What is your opinion to get student visa under this scenario?

 

I express my heartfelt gratitude to all the options/suggestions you give to us. 

 

Thank you

Nothing to do with US immigration is "quick."  It is glacially slow.  Your process will take years, not months.

 

How did your GF obtain her green card?