fdot1994

Hi everyone! Apologies - not exactly sure the names of all the visas / forms etc. Will probably speak to a lawyer about this, but appreciate any preliminary information anyone can share on this...

I graduated from a US university last May and have been working in the US on my OPT since then. My company applied for the H1B on my behalf, and I was very sadly not selected in the lottery. Since I did not study a STEM subject, they will be transferring me to an international office for a year, with the intention of bringing me back to the US in 13 months on an L1 visa. Obviously very disappointed to leave the US, but at end of the day I know I'm in a pretty good place.

I have been dating my boyfriend for the past 4 years, and we are planning on getting married at some point soon. He has gotten a job in the US so will be staying here for the next year.

What I'm wondering is what the best avenue for a marriage-based green card would be:

• Applying from the country I will be based for the next year
  • Possible issues I see here is thatI know it takes a very long time, and it is likely that I would not get the CR1 visa before I could come back on the L1 with my company. Would it be an issue if I came to the US on that visa? I'm not really sure how that would work.
    
  • A question I have is whether the EAD I know you get ~3 months after applying for an AOS marriage-based green card can also be applicable to the CR1 visa. i.e. is there a chance I could come back to the US after three months? I'm assuming this is unlikely, as I haven't seen anything about it online, but wanted to check.
    
• Waiting to apply until I come back to the US on my L1, and processing the application while we are both in the US.
  

One thing potentially worht mentioning is that we were in uinversity for three years of our relationship, and for the last year I have been living at my parents' home in the US (not US citizens / green card holders) / he has been doing graduate school and not earning money. To this end, we do not have much or any evidence of cohabitation or mixed finances and obviously we don't have much of an opportunity to gather this in the coming year since we will be living in different countries.

Hopefully this is clear, and appreciate any help or advice in advance!

Noorah101

The EAD is not associated with a CR-1 immigrant visa, so you have that part wrong.

Why not get married now and do a marriage- based AOS? That means you wouldn't go back to the UK to work for your current company, but once you have an EAD you can work for them in the USA, or for any other employer.

Otherwise, my advice would be to marry now and do the CR-1 immigrant visa process.

As for financial sponsorship, a joint sponsor can be used.

Rene

Noorah101

By the way, there are only 2 marriage based visa options. The K-1 fiance visa, or the CR-1/IR-1 Immigrant visa. Given the choice between those 2, I recommend the Immigrant Visa.

But in your current situation, if you are still in the USA, I recommend AOS (as long as you're ok taking a break from your employer).

Rene

Rene

Noorah101

Another bit of info, the EADs are taking more like 5 months now, but of course that can change by the time you're doing anything.

Rene

civilservant

S Folinsky

The first post raises questions about meeting the affidavit of support and public charge requirements .

Rete

Yes, there is the potential that the affidavit of support might be an issue but this can be offset with her parents completing an I-864 on their behalf since they are living in the US and are permanent residents.

jxv73

deleted - my experience with marriage 485 is zero and I really shouldn't comment.

S Folinsky

I looked at the OP again - we read the parenthetical description of the status of the parents differently. I read it as the parents were neither AmCits or green card holders. You read it as they are green card holders. I now see that the description is not as clear as it could be.