marriage abroad or in the U.S. - best option for mobility

G

gmartin808

New Member
Hello,

I am new to this whole process. I am a U.S. citizen recently engaged to an E.U. citizen. We are currently both living and working in the E.U. Our situation is the following: We both plan on independently traveling to/from the U.S. to interview for jobs with the intention of moving and settling in the U.S. within the next 1-2 years. We are trying to plan our wedding (both time and location) that will allow my future wife to easily and freely travel back and forth to the U.S. to conduct her interviews and then easily allow her entry and permanent resident status once she has a found a job. As it stands, we are faced with 2 options:

1) Ideally, we would like to get married abroad in the next few months, prior to the start of the job application period, but are concerned that this might lead to complications in her traveling to the U.S. for job interviews as well as unnecessarily delay her ability to immigrate to the U.S. to start work (although maybe this is not the issue if she is given a work visa?)

2) However, as I understand it, it might be easier to wait 1-2 years after we finished our interviews, found jobs, moved to the U.S. , and only then get married and apply for a green card for her after all of this is finished.


Does anyone have any suggestions about what is the best path to take? Are there any alternatives that I am not aware of?

Thanks.
 
Some things to think about...

It would be easier for your wife to get a job in the US if the employer does not have to sponsor her for a work-related green card. There is a limit to work-related green cards every year, and they are an expense to her employer. However, if she is a one-of-a-kind worker, then employers would definitely spring for it. But she'd still face the chance that she'd have to wait for the work-related green card to come through.

There is NO limit on spousal visas each year. If you married now, from the time you filed the I-130 petition until she got her conditional green card (conditional only because you would have been married less than two years when she entered) would be anywhere from six to 12 months. She would be able to come to the US to interview with the proper visa. You do not say whether or not she is from a Visa Waiver Program (VWP) country.

A consideration is whether or not your financee wishes to take your family name after marriage. If this is the case, then you need to consider the time it will take for her to change all her identification documents. This can take some time, and while it is not a show stopper, it can be a hassle when names have changed.

Please note: To apply for the petition for alien relative (I-130) off shore, you, as her sponsor, would probably need to show proof of residence in the US or intent to have residence in the US.

There is absolutely no reason to wait to get married if you both feel it is right for you. Just know that if she is granted a green card, there is a fixed amount of time for its validity, and she would have to enter the US within that time. She is also not allowed to be OUTSIDE the US for a period of more than one year after she gets a green card. This would definitely make a difference if you are not ready to leave the EU yet.

This does not directly answer your question, because there is really not a right or wrong answer - but hopefully this will give you some things to think about.

Sukie
 
Some things to think about...

It would be easier for your wife to get a job in the US if the employer does not have to sponsor her for a work-related green card. There is a limit to work-related green cards every year, and they are an expense to her employer. However, if she is a one-of-a-kind worker, then employers would definitely spring for it. But she'd still face the chance that she'd have to wait for the work-related green card to come through.

There is NO limit on spousal visas each year. If you married now, from the time you filed the I-130 petition until she got her conditional green card (conditional only because you would have been married less than two years when she entered) would be anywhere from six to 12 months. She would be able to come to the US to interview with the proper visa. You do not say whether or not she is from a Visa Waiver Program (VWP) country.

A consideration is whether or not your financee wishes to take your family name after marriage. If this is the case, then you need to consider the time it will take for her to change all her identification documents. This can take some time, and while it is not a show stopper, it can be a hassle when names have changed.

Please note: To apply for the petition for alien relative (I-130) off shore, you, as her sponsor, would probably need to show proof of residence in the US or intent to have residence in the US.

There is absolutely no reason to wait to get married if you both feel it is right for you. Just know that if she is granted a green card, there is a fixed amount of time for its validity, and she would have to enter the US within that time. She is also not allowed to be OUTSIDE the US for a period of more than one year after she gets a green card. This would definitely make a difference if you are not ready to leave the EU yet.

This does not directly answer your question, because there is really not a right or wrong answer - but hopefully this will give you some things to think about.

Sukie
 
thanks for the response...

so, if we were to get married abroad, would there be any hinderance for her to make short trips the U.S. for job interviews on a tourist visa (for example) before she has applied for any sort of residence permit?

i suppose waiting in E.U. for her work visa or green card to be approved once she has found a job is a different issue...

thanks
 
If you remain abroad and she has proof of her job and other ties to Europe, her chances of being allowed to visit the US are very high.
 
Since the plan is to move to the US in 1 or 2 years, she should marry you and complete the green card process first (that's about 6-12 months) and then go looking for US jobs. If they (immigration) know she's visiting the US to look for work they probably won't let her enter with a tourist visa.
 
we are both looking for faculty positions at universities in the U.S.

typically universities hire in rounds.

for this round, applications occur in fall 2013, interviews in winter/spring 2014, job offers and acceptances in summer 2014, start date begins fall 2014 up to fall 2015.

going through the green card process now (even if we were to marry right away) would problematic for this round of hiring, since she would not be able to travel for winter/spring 2014
 
If your fiancee is from a low-risk EU country, her travel should not be a problem - even during the time you are waiting for the I-130 petition to be granted. Especially if she is from a Visa Waiver Country. And, I would think that if the university hired your fiancee, they would be ready to grant a working visa for her.

The only reason things would be problematic is if her interview were scheduled at a time she needed to be in the US. And, you can ask for the interview to be rescheduled.

Sukie
 
if she applies for an i-130 and gets it...does she required to enter the country within a certain time and stay for a certain time?
 
gmartin808 said:
if she applies for an i-130 and gets it...does she required to enter the country within a certain time and stay for a certain time?
Click to expand...

I-130 approval is only the first stage. Then the case will be forwarded to a consulate* in her country of citizenship or legal residence for the final formalities including the medical and interview. After a successful consular interview and approval with the stamp in her passport, she'll have 6 months to enter the US. After that initial entry as an immigrant, she can immediately leave the US for up to 364 days (or up to 2 years with a reentry permit, if she spends enough time in the US for the reentry permit application procedures).


*unless she opts to stay in the US to complete the green card process via adjustment of status (I-485) -- this is not a problem if she entered the US with a work visa like H1B or O1, but could be problematic if she used the visa waiver to enter.
 
You can enter the US under the Visa Waiver Program and get married, but then you MUST return to your home country within the 90 days. You cannot file an AOS if you have entered the US under the VWP. We have applied for the I-130 under this scheme, with the blessing of our attorney.

Sukie
 
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