Married in US to Jamaican while on work visa

[KissKiss 0]

Hi Everyone 

 

My now husband has been coming back and forth to the US for 4 years on a work visa.  We recently got married. He has since left the US and is back home (Jamaica).  May I simply start filing for him? And if so, am I even in the correct forum for this question?  Would I file the IR-1/CR1.  Can he come back up next year on his work visa again?  Or do we need to wait for the spousal visa to be approved for him to return to the US?

Any information you can provide is helpful! Thank you!

[Dil & Malar 91]

3 hours ago, KissKiss said:

Hi Everyone 

 

My now husband has been coming back and forth to the US for 4 years on a work visa.  We recently got married. He has since left the US and is back home (Jamaica).  May I simply start filing for him? And if so, am I even in the correct forum for this question?  Would I file the IR-1/CR1.  Can he come back up next year on his work visa again?  Or do we need to wait for the spousal visa to be approved for him to return to the US?

Any information you can provide is helpful! Thank you!

The best thing is when is in US,  file the adjustment of status through I-485 form.  If he is outside of US,  then you should go through I-130 and it is a long process.  He will be able to come in his work visa even though the I-130 is in process.  But the best option is when is in US, do AOS using I-485

 

[Mike E 11,727]

3 hours ago, KissKiss said:

Can he come back up next year on his work visa again

What is his work visa? Is it H1-B?

[KissKiss 0]

2 hours ago, Dil & Malar said:

The best thing is when is in US,  file the adjustment of status through I-485 form.  If he is outside of US,  then you should go through I-130 and it is a long process.  He will be able to come in his work visa even though the I-130 is in process.  But the best option is when is in US, do AOS using I-485

 

Thank you! 

[EmilyW 1,234]

 

16 hours ago, Dil & Malar said:

The best thing is when is in US,  file the adjustment of status through I-485 form.  If he is outside of US,  then you should go through I-130 and it is a long process.  He will be able to come in his work visa even though the I-130 is in process.  But the best option is when is in US, do AOS using I-485

 

This is immigration fraud.  Do not do it.

[Rocio0010 5,573]

16 hours ago, Dil & Malar said:

The best thing is when is in US,  file the adjustment of status through I-485 form.  If he is outside of US,  then you should go through I-130 and it is a long process.  He will be able to come in his work visa even though the I-130 is in process.  But the best option is when is in US, do AOS using I-485

 

Yeah, this is the best thing to do… if you want to commit fraud. Horrible plan.

[KissKiss 0]

16 hours ago, Mike E said:

What is his work visa? Is it H1-B?

16 hours ago, Mike E said:

What is his work visa? Is it H1-B?

I am not entirely sure.  But I don’t think it is H1-B.  Would it matter?

26 minutes ago, EmilyW said:

 

This is immigration fraud.  Do not do it.

Any advice to my question then?

[KissKiss 0]

4 minutes ago, Rocio0010 said:

Yeah, this is the best thing to do… if you want to commit fraud. Horrible plan.

Any advice to my original questions though?

[EmilyW 1,234]

File a spousal visa for him.

 

He may / may not be able to continue to work in the US.  

[Dil & Malar 91]

I just want to give little more context to my first reply.  If a person has work visa (H1, L1, R1... etc) and if the person married to US citizen while working in the USA,  then it is absolutely OK to file AOS through I-485.  Because work visa is considered to be dual intent.  Also practically I did one last year.  Once again, if it is a work visa and if the person married to US citizen in USA.  

 

If a person is in visit visa, then this this step called fraud.  Because visit visa (b1/b2) is NOT dual intent.  It is only for visit, not to proceed for immigration purpose.  

 

Hope this clears some confusion .

[KissKiss 0]

8 minutes ago, Dil & Malar said:

I just want to give little more context to my first reply.  If a person has work visa (H1, L1, R1... etc) and if the person married to US citizen while working in the USA,  then it is absolutely OK to file AOS through I-485.  Because work visa is considered to be dual intent.  Also practically I did one last year.  Once again, if it is a work visa and if the person married to US citizen in USA.  

 

If a person is in visit visa, then this this step called fraud.  Because visit visa (b1/b2) is NOT dual intent.  It is only for visit, not to proceed for immigration purpose.  

 

Hope this clears some confusion .

Thank you.  It is not a visitor visa. It is a work visa that he 100% complied with it for the past 4 years.  And filed his taxes as well.  

[Rocio0010 5,573]

33 minutes ago, KissKiss said:

Any advice to my original questions though?

File an I-130 and go the CR1 route. It’s your only choice if his work visa is expired

[Mike E 11,727]

2 hours ago, KissKiss said:

I am not entirely sure.  But I don’t think it is H1-B.  Would it matter?

It matters: that’s  why I asked.  
 

 Some work visas are dual intent: entering the USA on a dual intent work visa with intent to adjust status is legal.  H1-B is dual intent. 
 

Some work visas are single intent: entering the USA on those visas with intent to adjust status is illegal.  
Some work visas are barred from adjusting status even if there was no intent to adjust status at the time of entering the USA. 
 

 

Edited November 26, 2022 by Mike E

[KissKiss 0]

1 hour ago, Mike E said:

It matters: that’s  why I asked.  
 

 Some work visas are dual intent: entering the USA on a dual intent work visa with intent to adjust status is legal.  H1-B is dual intent. 
 

Some work visas are single intent: entering the USA on those visas with intent to adjust status is illegal.  
Some work visas are barred from adjusting status even if there was no intent to adjust status at the time of entering the USA. 
 

 

Ahhh.  Okay.  Helpful!  Very helpful

[Chancy 6,233]

1 hour ago, KissKiss said:

Ahhh.  Okay.  Helpful!  Very helpful

 

So, what is your husband's US work visa?  Is it still valid and unexpired?  Is he still employed by the company that sponsored his work visa?