What would be the right U.S. visa if I’m looking to relocate to the U.S. from the U.K.?

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What would be the right U.S. visa if I’m looking to relocate to the U.S. from the U.K.?

I am planning to get married to a U.S. citizen. Our marriage is going to take place in the U.K.. however I want to work when I go to live in the U.S. I have been looking into employment based visas but I am wondering if our marriage is going to affect my visa application. Would it mean that my employment based visa application would be stopped and I would have to apply for a marriage visa? As far as I know, I would not be able to start looking for work until the visa was approved whereas with an employment visa I could be looking for work now. Can anyone help with this please?

Asked on March 5, 2018 under Immigration Law, Iowa

Answers:

SB Member California Bar / FreeAdvice Contributing Attorney

Answered 6 years ago | Contributor

It will be faster for you to apply through your spouse than to apply through a prospective employer especially since there is a lottery s ystem in place for the employment based visas and if you dont get a petition in by April 1 and it is selected in the lottery, the earliest an employer can petition for you again would be April 1 of the following year.  Whereas if you are petitioned by your spouse and are already in the US then it will be much faster.  Please let me know if you have any additional questions or how I can be of further assistance to you in this matter.


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