Hi,
My partner is a New Zealander and I am a natural-born US Citizen. We have been together for about 8 years, and lived together for about 4.5 years in NZ. I am a Permanent Resident in New Zealand via a partnership visa track. My partner and I decided to do long-distance for me to return to the US to finish a grad-school program and then start my career in the US. He has been working in the US periodically on a J1 visa with a company that gives him a few months of work at a time, and he has a 30-day grace period on either side of his work contracts to travel in the USA. We are considering marriage and would like to live in the USA for the time being. From what I can tell, we have two options:
1) He is currently in the USA working on a J1 visa (he does not have a 2-year home requirement on his J1). We could get married while he is still in the USA, he could file for an AOS, EAD, and Travel Waiver.
Question: What if the AOS is not approved prior to his J1 grace period expiring?
Pros as I see them: We're able to live together in the USA right away. He is able to get work much sooner than waiting for CR-1.
Cons as I see them: Avoiding the 90-day rule. He will not have entered the US with the intention to marry, but it might not look like it to immigration. Him not being able to leave the USA until travel waiver comes through.
2) We get married outside of the USA and apply for the CR-1. For career purposes, I do not want to live overseas currently and leave my job, so we would essentially head back to NZ for a few weeks, get married, and then I'd fly back to the USA to continue working. We would then wait for the CR-1 to get approved (as I understand 1.5-2years) before he moved over here permanently, in which time we'd need to continue long distance.
Questions: Is the long distance thing going to raise flags for immigration? Can he continue to come in and work on a J1 visa with his current company for a few months at a time while awaiting the approval of the CR-1?
Thanks for your help!
