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Old Jun 19th 2017, 6:52 am   #1
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Question WHich one is better, (and faster)

Im going to apply for a h2b ( sponsored working visa) next july, but we are also planning to get married, my us citizen boyfriend and I.

We want to move back to the us in november/December.


Should i get married in my country of origin, apply to the h2b visa amd at the same time dend the i-130 form to adjust his new status??

I havent read. Any information online about this certain situation.

I plan on working from November until May...that's why just the i-130 wouldn't be ready by that date.

I need help!!!n
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Old Jun 19th 2017, 12:25 pm   #2
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Default Re: WHich one is better, (and faster)

What role is the H-2B for? With a few exceptions, the H-2B visas are numerically capped and the application period opens on April 1st and they are all gone within days. So applying in July would be futile.

A marriage visa would be better - no numerical caps, no application deadlines, permanent resident on arrival, can work in almost any job (the only ones you can't are the few government jobs that you require the applicant to be a USC). With the marriage visa you can apply whenever you want after the marriage. So you can be totally on your timescale, not the government's.
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Old Jun 19th 2017, 12:37 pm   #3
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Default Re: WHich one is better, (and faster)

So you want to move to the US this November/December? This pretty unlikely to happen now, since you are not yet married. You don't say where your boyfriend is, US , UK, or somewhere else, but assuming he is in the US it will take 8-10 months AFTER you get married to receive an immigrant visa.

I'm confused about your plans, please be specific about what years you are referring to so we can help more - to give good information we need good information.
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Old Jun 19th 2017, 1:56 pm   #4
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Default Re: WHich one is better, (and faster)

Quote:
Originally Posted by Fran.arayag View Post
Im going to apply for a h2b ( sponsored working visa) next july, but we are also planning to get married, my us citizen boyfriend and I.
In general, a spouse immigrant visa is easier to obtain than a work visa.

Quote:
We want to move back to the us in november/December.
If you mean November/December 2017, that is not going to happen with either visa.

[quote]Should i get married in my country of origin...[quote]
You don't have to get married in your country of origin....you can get married anywhere in the world. Where are you and your boyfriend now?

Quote:
...apply to the h2b visa...
I'm not sure if the H-2B visa works the same way as an H-1B, but if it does, the employer can't petition you until April 2018, for a start date in October 2018, but so far your plan is OK ... get married and have your US employer send in the petition whenever he is able.

Quote:
amd at the same time dend the i-130 form to adjust his new status??
I don't quite follow this, but I think you mean "at the same time, send the I-130 petition to begin the process of my immigrant visa"? If so, then yes, after you get married your USC husband will file an I-130 petition. If he files it in the USA, it will take about 10 months until you can actually apply for the CR-1 Immigrant Visa (so that is not going to happen by Nov/Dec 2017).

But yes, you can have 2 petitions in the system at the same time...one from your US employer, and one from your USC husband.

Quote:
I plan on working from November until May...that's why just the i-130 wouldn't be ready by that date.
Where do you plan on working from November to May? Not in the USA, because you won't have a work visa by November 2017.

The I-130 is just a petition. If you mean the Immigrant Visa, you are right, it won't be "ready" by November, either. But neither will a work visa. Unless an H-2B visa is vastly different from an H-1B.

Do you already have a US employer willing to sponsor you?

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Old Jun 19th 2017, 2:02 pm   #5
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Default Re: WHich one is better, (and faster)

H2b is a non immigrant visa.
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Old Jun 19th 2017, 2:58 pm   #6
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Default Re: WHich one is better, (and faster)

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Originally Posted by civilservant View Post
So you want to move to the US this November/December? This pretty unlikely to happen now, since you are not yet married. You don't say where your boyfriend is, US , UK, or somewhere else, but assuming he is in the US it will take 8-10 months AFTER you get married to receive an immigrant visa.

I'm confused about your plans, please be specific about what years you are referring to so we can help more - to give good information we need good information.
Hi!! Thanks for replaying to my difficult question. We are in Chile.

The h2b visa application is a little bit different than the h1b visa. I will apply now, july 2017 , and all tje paperwork should be done and ready to use by September (pr even Agoust) 2017, the job application amd sponsorship is for winter 17-18
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Old Jun 19th 2017, 3:07 pm   #7
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Default Re: WHich one is better, (and faster)

I'm confused as to why you would attempt to enter the US as a non-immigrant. Will your boyfriend be accompanying you to the US? How to you propose to overcome the presumption of immigrant intent when you have a USC boyfriend that you intend to marry?

I personally would scrap the idea, get married now, and apply for an immigrant visa.
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Old Jun 19th 2017, 3:14 pm   #8
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Default Re: WHich one is better, (and faster)

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Originally Posted by civilservant View Post
I'm confused as to why you would attempt to enter the US as a non-immigrant. Will your boyfriend be accompanying you to the US? How to you propose to overcome the presumption of immigrant intent when you have a USC boyfriend that you intend to marry?

I personally would scrap the idea, get married now, and apply for an immigrant visa.
Yes, we will. He work in the same place that i will be working for.

I dont attempt to be an immigrant so far, kust work in the us, and marry my boyfriend.

But i know it should be the regular basis after marrying a usc
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Old Jun 19th 2017, 3:26 pm   #9
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Default Re: WHich one is better, (and faster)

I'm not exactly sure what your question was, to be honest. Are you asking it it's possible? Yes it's possible, that doesn't make it a good idea.
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Old Jun 19th 2017, 3:28 pm   #10
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Default Re: WHich one is better, (and faster)

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I'm not exactly sure what your question was, to be honest. Are you asking it it's possible? Yes it's possible, that doesn't make it a good idea.
Yes, the question was if it was possible.
Why isn't a good idea??
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Old Jun 19th 2017, 3:56 pm   #11
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Default Re: WHich one is better, (and faster)

What is your plan for after you come to the USA on the H-2B visa?

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Old Jun 19th 2017, 4:14 pm   #12
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Default Re: WHich one is better, (and faster)

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What is your plan for after you come to the USA on the H-2B visa?

Rene
Hiii! So our plans are very weird. My fiancé works in snow, so we plan on moving back and forth ..us and chile for at least 8 years.

So 6 months in the us (nov to may)
6 months in chile (may to nov)
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Old Jun 19th 2017, 4:59 pm   #13
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Default Re: WHich one is better, (and faster)

OK then, you definitely don't want one of the marriage based visas, because you don't want to move permanently to the USA.

Stick with the H-1B.

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Old Jun 19th 2017, 5:05 pm   #14
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Default Re: WHich one is better, (and faster)

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Originally Posted by Noorah101 View Post
OK then, you definitely don't want one of the marriage based visas, because you don't want to move permanently to the USA.

Stick with the H-1B.

Rene
No, isn't in our plans yet.
But is not the h1b ... is h2b ( for seasonal work).


I wont do the i-485 yet, cause i cant work with that one.
And i camt apoly to a i-765 (working permit for spouses of usc) overseas.
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Old Jun 19th 2017, 5:24 pm   #15
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Default Re: WHich one is better, (and faster)

Sorry, my typo, I meant H-2B.

I think you have the marriage based visa confused, though. There is no I-485 or I-765 unless you were going to do a K-1 fiance visa. Since you mentioned I-130, you meant a CR-1 spouse immigrant visa. There is no I-485 or I-765 with that visa.

Bottom line is, don't file an I-130 (for spouse) or I-129F (for fiance) until such time that you are ready to immigrate permanently to the USA.

In the meantime, use the H-2B for your yearly seasonal jobs.

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