What should we do??

[Kartoffelsalat 0]

My husband and I are both living overseas and are just about to begin the IR-1 visa application process for him. In fact, we wanted to send off the package with our I-130 at the beginning of the coming week. Now something tremendous may be happening and my husband is being invited to the United States to interview for what I will call his dream job. It is just the position he was hoping to get, at exactly the company he wanted to work for, and we were hoping (it was really only a wild hope) that something like this would work out closer to the time when we would move to the US.

The questions are, should we send off the IR-1 application this week as planned, or should we wait until we know if this company will petition for my husband to be granted a work visa? If the company would indeed arrange for a work visa after we had applied for the IR-1, would we have problems cancelling the IR-1 application and switching tracks?

Of course he hasn't been promised the job yet, but it's looking very possible. This company is in a very good position to petition for my husband to move to the US for them. What do any of you know in response to our situation?

Thanks!

[Penguin_ie 5,994]

Do you know what type of visa they would petition him for? Some work visas are much faster than a spousal visa, so it would be a good idea to wait and save your money, especially if you think they'll make a decision quickly. ON the other hand, many work visas will take longer to get than a spousal visa petitioned for from abroad (which gets you automatic fast tracked), and you could maybe convince the firm to pay your spousal visa fees instead...

[canadian_wife 1,823]

I agree with Penguine (as usual)

You'll want to figure out if they are going to sponsor him (has this even been discussed...that he'll need visa sponsorship?) and then figure out which one he'll be sponsored for. Some take a LONG time - The H1B can take over a year and are not guarenteeed depending on how many people apply since there is a cap. Some are also non-immigrant, meaning he must return back to Germany after it has been completed or it may not be granted if married to a US citizen.

Best to research this before you move forward.

Good luck

[Kartoffelsalat 0]

Thanks for the replies, this is very helpful. We have not yet discussed a company sponsorship, however communicated that it is an option. We don't know yet what the company would want to do or what kind of a visa it would be.

It's super important to us that we don't wait over a year, and we also want to settle permanently in the States. So that means that maybe the IR-1 is the right path.

But if we go ahead and file the IR-1, would we be able to cancel the application if a better, faster option does come up? I'm wondering if this would complicate things because they are two very different processes. I guess I'll have to do my research.

[canadian_wife 1,823]

Of course you can cancel it. But you could also pitch it (if they are willing to wait) that you are footing the cost for his legal status.

Good luck

PS - Penguine, could they do DCF?

[Kartoffelsalat 0]

Nope we can't do DCF, I've already checked with the consulate in Frankfurt on that. We will likely do the spouse visa. I've been looking into this and our other options, the L-1 or the H1-B, which could be granted faster but in the long term look like more work. Also, like it was pointed out already, H1-B is capped. (L-1 is technically an option for us if we pulled the right strings because he'd be moving to a daughter company of his current one.)

Very interesting. Looks like this is all taking us back to our original plan.

[dwheels76 5,468]

But at least using your foreign address you will get in the fast queue for Petitioner filing abroad that can save you some time and get you at least to NVC faster.