US Citizen married to Portuguese Citizen - relocating from NL to US via company sponsored move

[luasol90 0]

I am an American citizen married to a Portuguese citizen (he has never lived in the US before). We are currently living in The Netherlands and are looking to move to the US within the next year or two. I am confident that I will be able to get a company sponsored relocation to the US, which is the goal. I am a US citizen so I obviously don't need a visa, but my husband does need one. Has anyone been in this situation in which the company was also able to sponser a visa (that would allow my partner to work) for the spouse upon relocation from abroad? We are trying to find out if such a visa even exists and if it we will be able to negotiate getting one if I relocate for work. 

 

Of course if this isn't an option, we are aware of the CR1 visa process.

[milimelo 4,479]

US company will not sponsor visa for non-employee - there is no such visa.

 

You better get started on I-130 now so when your relocation is in effect your spouse will be in line for the immigrant visa interview.

[Chancy 6,241]

7 hours ago, luasol90 said:

I am confident that I will be able to get a company sponsored relocation to the US, which is the goal.

 

If you are able to get a formal offer of job transfer to the US from your company, you may be eligible to go through direct consular filing (DCF) for your husband's spouse visa.  This is the fastest route for a spouse of a US citizen to be able to migrate.  Other than providing the written job offer, your company will not be involved in the processing of your husband's visa.  Once your husband is granted a spouse visa and enters the US, he will immediately become a permanent resident, with authorization to work and travel freely.  He may work for any company, not restricted to yours.

 

Get that job relocation offer in writing, then attach it to a request to the US consulate in Amsterdam to allow you to file an I-130 petition directly with the consulate due to exceptional circumstances (imminent job relocation).  Hopefully, the consulate will approve the DCF request.  If not, they will advise you to file the I-130 petition with USCIS (ie. the normal process).

 

Edited August 9, 2022 by Chancy
typo

[Ryan H 3,812]

Moved from What Visa Do I Need - Family Based Immigration forum to IR-1/CR-1 Process & Procedures.