Fiance on H1B visa and US citizen would like to get married and live in Europe for a year. Should we do this before applying for green card?

or after received?

5 Answers

  • Foofa
    Lv 7
    5 months ago
    Best Answer

    There's no point in first obtaining a green card when after your year abroad it'll be considered abandoned. PR status is for when you're actually ready to live in the US.

  • Maxi
    Lv 7
    5 months ago

    I think you need to read the immigration website of both the US and whichever 'European' country they come from as "wanting to live in Europe for a year" is not something that you can do without requiring the correct visa, most European countries a US citizen can VISIT for 90 days without a visa ( the UK 180 days) but no working and just because you marry a citizen changes nothing.... in so far as living in the US you would need to sponsor a spousal visa and AoS from their H1 visa... by " living in Europe" even if you got a visa for a short term visa for a holiday then they couldn't return to the US with you, you would need to return alone be working/earning and have filed taxed for the previous 3 yrs and apply to sposor them and they would have to remain in their country until they got the visa to travel.............. so read. learn and understand as it is not as simple as you seem to think

    • My visa status or how long I stay in Europe has nothing to do with the question regarding a green card.

  • 5 months ago

    Once you apply for Adjustment of Status, leading to a Green Card, your then spouse would be bound to stay in the United States, so that's not a viable strategy.

    If you have a way to stay in Europe for a year, then here is how you do this:

    1) Get married, either in the US or in Europe, doesn't matter.

    2) Right after you moved to Europe, you'll submit the I-130 in your spouse's behalf with the USCIS. Since you do not have a US-based income any longer (presumably), and your then spouse doesn't have a US-based income either, you'll either need a co-sponsor or you'll have to fulfill the requirements of the Affidavit of Support (form I-864) with sufficient assets. Shouldn't be a problem.

    3) The entire process from start to finish takes about a year, and at the end of it is the mandatory interview at the US consulate in Europe. You can both attend, and shortly after the immigrant visa, the CR-1 is being issued to your spouse (thanks for not keeping the gender a secret -- makes for much more challenging writing). The visa is valid for up to 6 months, so once you are ready to relocate to the US, you can both do that without problems and delays. Your then-spouse will become a Green Card holder upon admission to the US, so right away.

    Source(s): An immigrant from Europe, I live on the American Riviera and work as an attorney in Santa Barbara, California.
    • Gosh I could only see two answers at first. I would have awarded you best answer if I had seen it:/ Thank you for the great info. It's very confusing!

  • 5 months ago

    Have you researched the requirements of the US citizen allowing them to get a visa anywhere in Europe?

    Marriage doesn't provide this right automatically

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  • 5 months ago

    No point applying for Adjustment of Status to get a green card if you are planning to leave the US for a year. First, it takes months to adjust status after marriage (don't be surprised if it takes 6 months or more), and he will have to maintain his status on H1-b, working full-time for that employer before his visa expires, while waiting for processing. Then, if he leaves US for 365-days or more, his GC is automatically deemed abandoned & revoked. Unless he first obtains permission for extended absence - but applying for that upon receipt of GC is very questionable. Makes no sense. If fiancé has a job coming up abroad, or H1-b visa ends relatively soon, it makes no sense. You don't state how much longer that H1-b visa & job lasts after the wedding, but you'd want it to be at least 6-9 months to avoid complications in adjusting status.

    Go to Europe, or fiancé's country, or whatever. Then if & when you two are determined - and ready - to relocate to US, apply for GC then. It just seems silly to deal with Adjustment of Status, and pay out that money, if you two are not remaining in the States yet.

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