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karamomed

US Citizen who wants to immigrate with husband for grad program

By karamomed in IR-1 / CR-1 Spouse Visa Process & Procedures

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karamomed Newbie

karamomed   0

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Filed: IR-1/CR-1 Visa Country: Israel
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Posted (edited)

I'm an American who has been living abroad in Israel for 6 years, and I got married to my Israeli husband in the US in July 2016. I work for an American international school here on a SOFA Visa in Israel, and don't have residency in Israel. I am taking a leave of absence to complete a graduate program in the States, but I want my husband to be able to work. We plan to probably return to Israel after the program (a year?) What should he be applying for and will he be able to work?

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dwheels76 Grand Master

dwheels76   5,459

Posted
Filed: Citizen (apr) Country: Nigeria
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I'm an American who has been living abroad in Israel for 6 years, and I got married to my Israeli husband in the US in July 2016. I work for an American international school here on a SOFA Visa in Israel, and don't have residency in Israel. I am taking a leave of absence to complete a graduate program in the States, but I want my husband to be able to work. We plan to probably return to Israel after the program (a year?) What should he be applying for and will he be able.

Well you are coming back to US for short term so a immigration visa wouldn't work. He can't work without a green card or a H1b (work Visa) and he would have to get a company to hire and sponsor him for that.

I don't see him working legally otherwise.

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grumpybrit Explorer

grumpybrit   22

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Filed: Citizen (pnd) Country: United Kingdom
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I'm an American who has been living abroad in Israel for 6 years, and I got married to my Israeli husband in the US in July 2016. I work for an American international school here on a SOFA Visa in Israel, and don't have residency in Israel. I am taking a leave of absence to complete a graduate program in the States, but I want my husband to be able to work. We plan to probably return to Israel after the program (a year?) What should he be applying for and will he be able to work?

Tough one. You do not want to apply for anything permanent and then move back as an abandoned petition can harm your chances of getting subsequent petitions approved later down the line should you both wish to return to the USA. The K3 visa may be your best bet as it is non-immigrant, valid for 2 years, and you can apply for a work permit on it.

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Boiler Grand Master

Boiler   43,433

Posted
Filed: K-1 Visa Country: Wales
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IR1, takes about a year to process.

I would apply about 15 months before you are looking to travel, you have 6 months to use it once you get it.

You may of course change your mind but assuming you do leave and have no plans to return to the US you can surrender the GC.

“If you know the enemy and know yourself, you need not fear the result of a hundred battles. If you know yourself but not the enemy, for every victory gained you will also suffer a defeat. If you know neither the enemy nor yourself, you will succumb in every battle.”

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grumpybrit Explorer

grumpybrit   22

Posted
Filed: Citizen (pnd) Country: United Kingdom
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IR1, takes about a year to process.

I would apply about 15 months before you are looking to travel, you have 6 months to use it once you get it.

You may of course change your mind but assuming you do leave and have no plans to return to the US you can surrender the GC.

Why apply for an immigrant visa, they are not staying and can get all the same benefits (except immigration) from K3.

AOS Timeline

  • 10/23/2016 - I-130/I-485 Concurrent packet posted
  • 10/25/2016 - Packet signed for at Chicago lockbox
  • 11/09/2016 - E-Notifications received
  • 11/15/2016 - NOA's received in post
  • 11/18/2016 - Biometric appointment received (set for 11/30)
  • 11/30/2016 - Biometric appointment completed
  • 01/25/2017 - EAD Approved
  • 01/25/2017 - AP Approved
  • 02/01/2017 - Combo Card arrived in the post

 

>>THIS IS WHAT I PUT IN MY PACKET<<

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Boiler Grand Master

Boiler   43,433

Posted
Filed: K-1 Visa Country: Wales
 Timeline
Posted

Why apply for an immigrant visa, they are not staying and can get all the same benefits (except immigration) from K3.

Even of they applied for a K3 the chances of getting one are remote and this way he is work authorised on entry.

“If you know the enemy and know yourself, you need not fear the result of a hundred battles. If you know yourself but not the enemy, for every victory gained you will also suffer a defeat. If you know neither the enemy nor yourself, you will succumb in every battle.”

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A'n'L Proficient

A'n'L   735

Posted
Filed: AOS (apr) Country: Norway
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Posted

Go for the IR1, which gives him a GC upon entry. The processing time is the same as K3, and he can work immediately upon entry (with K3 he would have to apply and wait up to 3 months for a work permit). Should you choose/need to stay in the US beyond two years, that is no problem with an IR1 (with K3 he would have to apply to adjust status). Once you both leave the US permanently, he should surrender the GC. It will NOT affect any future visa applications.

If it isn't difficult, it isn't worth it.

 

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