Legal Question in Immigration Law in California
Marriage to a permanent resident / work visa
Hi, I came to the US in June 1999 as a permanent resident with my visa
being gained through marriage to an American citizen. My ex-husband
and I divorced in October 2003 and I have remained living in the US. I
will have been here for 5 years in June and I plan to submit my
application for citizenship in March. I am, however, in another relationship
with an English man from my home town. He has been staying with me on a
tourist visa and has gone backwards and forwards to England a couple of
times to renew the visa. He would like to stay permanently and we
would like to marry. Is it possible for him to obtain a working visa
through marriage to a green card holder? Are there any visas suitable for
him. He has also thought about getting an employment visa as he holds
two bachelor's degrees in both interior design and 3d modeling.
Do you have any advice or can you offer us assistance with this matter.
2 Answers from Attorneys
Re: Marriage to a permanent resident / work visa
If you marry your friend and apply for his status while a permanent resident, he will not be able to obtain employment authorization until a visa number becomes current and available to him. Once you become a US citizen however, he can file for adjustment of status and employment authorization. In the meantime, if a job offer is available to him in a position requiring a bachelor degree at a minimum in interior design, then he may qualify for an H-1B visa, and obtain temporary employment while your citizenship matter is being processed.
Re: Marriage to a permanent resident / work visa
If you marry, he can obtain LPR status through you. Since he has college degrees, he may qualify for an H-1B visa. Marriage is a safer and much more surer route.
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