Rete

I realize English is not your first language and that you are vastly uninformed as to the marriage-based visas and US adjustment of status procedure for those married to a US Citizen.

Since you have absolutely no plans to reside/live in the US for the next 8 years (until you are too old perhaps to work in the snow?), you will not be filing applications to get yourself a green card or a visa based on marriage to a USC. This is because those are only available to people who are planning on living in the US permanently and you are not planning that.

So continue to go the H-2B route and forget about anything to do with getting to the US based on marriage to a US Citizen.

Also I would not get married to the boyfriend until 8 years from now when you are ready to come and live permanently in the US. When you complete your H-2B application and it is noted that you are married and married to a US Citizen, there is a very strong chance you will be DENIED because your marriage will make the US Consulate question your intent to leave the US once your H-2B is expired.

fbf2006

I was thinking she was talking about filing the I-485/765 once they were in the US and she was on the H-2B visa.

Fran.arayag

Exactly!! I want to know if that's possible
Get a h2b visa sponsored by my employer.
In the meantime get married here in my country, and after a few months change our status in the us with the forms listed above

Noorah101

If that were the case, she wouldn't be talking about filing an I-130 now. The OP is confused about the marriage based visa processes.

Rene

Noorah101

Yes, but since you don't want to live permanently in the USA for 8 more years, it does not make sense to do that. That's only if you are going to live full time in the USA, which you are not.

Rene

fbf2006

Unfortunately an H-2B visa does not allow dual intent (meaning the fact that certain U.S. visas, like the H-1B, allow foreigners to be temporarily present in the U.S. with lawful status and immigrant intent). Due to this, it would be unlikely for you to get approved for an H-2B visa if you are married to a US citizen at the time of your application.

Fran.arayag

I found this, i don't know if its correct

"Can I apply for a Green Card while on H-2B status?
Yes, you may apply for Green Card while on H-2B visa. You may attain an immigrant status in the U.S. through the Family Based Immigration. If you have close relatives who are U.S. citizens or U.S. permanent residents, the relatives may file an immigration petition for you as the beneficiary. Close relatives, as defined by immigration law, include parents, unmarried minor children and spouses. ".


We have special free trade visa qith the us , its like h1b visa, but it's called h1b1
... but is a non immigrant as the h2b

fbf2006

My point is that if you are married to a US citizen BEFORE your H-2B application, I assume you would have to disclose this on your H-2B application. It is unlikely that the consular officer at the US embassy would then approve you to get a visa because they would see that your husband is a US citizen and might assume you have immigrant intent.


I'm not saying that you cannot adjust your status from an H-2B if you're already in the US before you get married. I don't know that one way or another.


I do know about the H-1B1 for Chile and Singapore. They're not dual intent as well.

Noorah101

Yes... but you are not planning to live full time in the USA, so you don't need or want a green card right now! You will end up abandoning that status by spending so much time outside the USA! Not sure why you don't understand this.

Only apply for marriage - based visa/ status when you are ready to live in the USA full time!

Rene

fbf2006

I do think she should apply for the green card as it seems they do plan to stay in the US at least 6-7 months of the year. The US could be their country of residence, no? It just seems easier doing that than applying for the H-2B each year, as there's no guarantee it would be approved.

Noorah101

I personally wouldn't, but she can try. It's not clear from her post whether the USA would be their permanent home, or Chile. If they are only in the USA 6 months a year (or less), they might have a hard time showing ties to the USA, as their jobs seen seasonal and not permanent.

It also leads to questioning at the POE each time they return to the USA, especially if they are gone longer than 6 months.

Rene

Fran.arayag

I il be the "exact" amount of time on each country...

And all the jobs linked to that place are "seasonal".
My fiancé had been working at the same place for 8 years, of course during the quntee

Fran.arayag

I do understand, but is kind of weird.
I don't know if we even plan to stay i the states for more than 6 months at some point.

Rete

You are being obtuse. You do not understand and you refuse to read and understand what others have posted, myself included.

A green card is meant for you to LIVE in the US PERMANENTLY. Not for working in the US for 6 months and then leave it to resume living in Chile for another six months.

Regardless of fbf2006 advice, a spousal visa and subsequent green card is not a 'let me have it my way' like ordering a hamburger from Burger King.

Have you or your US Citizen boyfriend read the questions on the I-130 or the G325A. What are you going to put down as a permanent address in the US? A dorm in the ski country of the mountains in Colorado? That's not going to work. Does he have a job that will show that he makes enough money to be your financial sponsor? And the money has to be from a US job, not a combination of jobs from Chile and the US.

You can do exactly what you are doing now or want to do which is live 6 months in Chile's snow country and 6 months in US snow country legally but being married might mean a rejection of your H-2b seasonal visa if you are married to a US Citizen because of dual intent.

The better, the faster and the correct way to pursue this snow dream is to remain unmarried and use the H-2b.

Fran.arayag

Dear lord!
What's your problem?
I don't know why are you being so rude.

He doesn't live in a dorm, i don't know why you assume that.
He doesn't earn the minimum wage either, why would you assume that?


There is no need to be rude!!

Thanks!