Spouse vs Work visa, to move back to the US

[toubie 1]

Myself (USC), daughter (USC), and wife (Swiss citizen) are currently living in Switzerland for the last 5 years, but are exploring the options to permanently return back to the States to be near family. It seems the 2 paths are either a spousal visa, or a work visa, unless I'm missing something.

 

Quick background: My wife and I met and got married in the US, while she was there for 5 years working on an advanced degree in science (at the time, on a student visa). We then moved to Switzerland. We've been married for 5 years and have a dual USC + Swiss daughter. 

 

Spousal Visa:

I (USC) have a possibility for a job in the US, and noticed that a DCF is one option if it comes through, as an "exceptional circumstance". Does this make sense for us to try?

 

If not, is our only other option for a spousal visa the standard I-130 route? Or is there something else I'm missing?

 

Work Visa:

My wife (Swiss) has a specialized degree and skillset, does it make sense to try and go the "work visa" route if she finds a job in the US? 

 

Thank you for your help 😃

Edited August 4, 2023 by toubie

[carmel34 3,626]

37 minutes ago, toubie said:

I (USC) have a possibility for a job in the US, and noticed that a DCF is one option if it comes through, as an "exceptional circumstance". Does this make sense for us to try?

DCF is the best path for your situation if the consulate accepts the file.  You will need a written job offer in the US, then submit the request to the Bern embassy to request DCF filing.  It is the fastest way, typically a few months.  If Bern does not accept your case, then look at your other options.  A work visa for your wife usually requires sponsorship by a US employer, so try that if the DCF request is not accepted.  I-130 online to USCIS would be the third option if the first two do not work out.  Good luck!

[Boiler 45,499]

If she can get transferred with her current employer that is likely to be quickest.

[Mike E 11,739]

3 hours ago, toubie said:

My wife (Swiss) has a specialized degree and skillset, does it make sense to try and go the "work visa" route if she finds a job in the US? 

If she can find an employer willing to sponsor her, this will eliminate any temporary family separation. 
 

However the visa bulletin for the three employment categories, EB-1, EB-2, and EB-3 became a horror show in 2023. See https://travel.state.gov/content/travel/en/legal/visa-law0/visa-bulletin/2023/visa-bulletin-for-august-2023.html

 

None lf the rest of world categories are current in the final action chart.

[Boiler 45,499]

I was thinking L1

[toubie 1]

Thank you all! We'll look into these options.

[Chancy 6,241]

*** Moved from IR1/CR1 Process & Procedures to What Visa Do I Need -- OP is considering visa options for spouse ***

 

Edited August 8, 2023 by Chancy