Q: My fiancé is irish currently on an h2b visa, we want to marry in Ireland. How can he return to live in the US after?
We are currently living together in the US. If he leaves for the wedding, the h2b visa will no longer be valid. We can’t apply for spousal visa because we are not yet married. We can’t apply for fiancé visa because then we would have to get married in 2 countries.
A:
If your fiancé leaves the U.S. for your wedding in Ireland, his H2B visa will indeed become invalid for re-entry. In this situation, after your marriage, you can file for a spousal visa (CR-1 or IR-1) on his behalf. This process involves submitting a petition for an alien relative (Form I-130) to U.S. Citizenship and Immigration Services (USCIS).
While the spousal visa is being processed, which can take several months, your husband may not be able to live in the U.S. It's important to plan for this potential separation period. After the approval of the spousal visa, he will be able to return to the U.S. and reside there with you.
Given the complexities of immigration procedures and the potential for extended processing times, it's advisable to consult with an immigration attorney. They can provide guidance tailored to your specific circumstances and help navigate the legal intricacies to minimize any potential delays or issues.
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