I'm a US citizen who is back in the states after being in Spain for five and a half months, although I was on a 90 day tourist visa. I just got back a week ago. I had no problem getting through immigration on my way back. I'm a full-time student that works part-time with two semesters left.
I'm writing this because I am having a hard time evaluating my options. The main goal is to have my boyfriend be able to move to the US (with our dog!) and work here as soon as possible. I'm a student and he is a recent graduate.
I have scheduled an appointment with an immigration attorney for this Friday but I'd like to get some extra advice. Because I'm SO LOST. It seems like the more I try to inform myself, the more I get confused. Which has lead me to a lot of questions...
I've been researching and have deduced these possible options:
For him:
1. K-1 visa. I heard it takes 8 months to process, he'll have to wait in his country. Will he be able to get a job 'immediately' after he arrives in the US or will we need to wait while petitioning for I-765 employment petition?
2. Coming in as a tourist and getting a civil union. Is that even legally possible?
3. Coming to the US after getting a civil union in Spain as a tourist. Will he be able to come in without a K3 visa? How risky is it? From the workpermit.com website it says this:
Sometimes in order to avoid a lengthy separation, the couple returns to the U.S. immediately after the marriage (using a visitor visa) and proceeds to file the necessary applications once they are both in the U.S. Often the USCIS does not like this, and it is not uncommon for the USCIS to stop the foreign-born spouse at the Port of Entry and exclude him or her from the U.S. as an intending immigrant. However, if the foreign-born spouse manages to enter the US, USCIS will not deny his or her application for a green card solely because he or she entered the U.S. on a temporary visa when their real intent was to remain permanently in the U.S. You should instead apply for the K-3 visa in order to work and live legally in the US, while waiting your permanent residence.
That doesn't make much sense to me. At all. How do they stop someone? How do they know?
What could be the legal reprecussions?
For me (i.e. returning back to Spain and getting a civil union):
1. Will the immigration services in Spain or the EU realize that I haven't fulfilled my 6 months out of the country per every 90 days?
2. I know the K-3 visa can be filed from a US consulate but can the I-129F and I-130 be filed there too? Or do I have to come to the US to fill them out? Does he have to have both the I-129F and the I-130 to come to the US?
3. If he comes as a tourist to the US after a spanish civil union will I legally be able to sponsor him under I-30? Or will he have to wait in Spain during the process?
4. What is the long-term difference between the immigrant CR1 and the K3?
And if he comes on a K3 visa how long can he be in the US, for the duration of the I-30 process, will he be able to work? Can an I-130 be filed for someone with a K-3 visa?
5.
I'm not making that sort of money because I'm in school. Does the USCIS take that seriously into account? I know he makes a much larger salary in Spain.US sponsors must prove you can support your fiancèe above the US poverty line, which is US $17,170 of income per year for a 2 person household.
In summary, what is best as far as a short separation (or no separation) and the quickest processing of papers, as well as work permission?
I really apologize for all these questions. Like anyone, I just want the best, and to be well informed.
My attorney is going to get an earful.
