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Question:
I am a US citizen (and Israeli) but I have never lived in the USA. I’m planning to move to the US for 2 years. My husband would like to join me to work or study, what do I do, and what is the time line, when can we travel to the US?
Answer:
If you are looking at requesting a green card for your husband, once married you can only apply from Israel.
Here is the procedure and time line:
1) Petition for Alien Relative I-130
2) Receive Form I-797
3) Petition for Alien Fiancé I-129F, include form I-797
For your husband (an Israeli), after the above is complete:
1) Apply for K-3
- Estimation for the expected timeline is : The receipt for the I-130 will arrive in about 2 weeks from filing and then the I-129F can be filed which can take about 3-6 months. This part needs to be done while in Israel.
- After the approval of the I-129F, you can apply for the K-3 and travel to the US.
Question:
Can I enter the US on a B1 in Lieu of H-1B (short time working visa) and then applying for the Green Card biased on marriage?
Answer:
No, you should not come in on a b-1 in lieu of H-1B if you are planning on becoming a permanent resident through marriage or otherwise.
(You will need to complete the DS-160 and there is a question regarding whether you have a USC spouse or fiancé, so if you tell the truth, you will likely be denied the B-1 visa and if he lies, you are committing visa fraud).
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