The other commentator is correct that the waiting period for the spouse of a green card holder to obtain a green card is significant. Were you to naturalize and become an US Citizen and if you wife is otherwise eligible she would be able to obtain an immediate green card. Generally, you are eligible to naturalize and become a US Citizen after you have held a green card for five years, some exceptions apply. There are also some disadvantages of US Citizenship that you should be aware of....
The information the other lawyers have given you is correct.
There may be other potential options for you and you MUST consult an experienced immigration lawyer. Our firm maintains presence in Georgia, as well as New York and I would be happy to talk to you if you would like.
Best of luck
Obtaining an H1-B visa is possible but anyone who tells you it will be easy in these circumstances is being disingenuous. That said, there are a number of things that you can do to strengthen your case.
Reading your question there could be other visa types that may be better for you than an H1-B visa. There is insufficient information to tell from the information you give but I would be very willing to discuss this with you. By slightly restructuring the way the company is set-up there...
The applicable provision appears in 22 CFR §41.112(d) which is included at the end of this post.
The right advice is to see an immigration lawyer familiar with this provision as its rules need to be followed very very carefully. Even then there have been cases of a CBP officer not familiar with the provision, that is regardless of what the law might be it really does not help if you are improperly refused re-admission and have to get to work the next day.
In these circumstances a fiancé visa seems most appropriate. With that visa you can enter the country but must marry and apply for a greencard within 90 days. That process begins with your gathering appropriate evidence and your fiancé filing paperwork in the US on your behalf. The paperwork will eventually find its way to you local consulate, where you will file additional paperwork and have an interview. If you read the section on fiancé visas at the USCIS website it will give you an...
Thank you for your question.
You don't mention if your fiancé is a US Citizen (USC), Lawful Permanent Resident or other visitor to the US?
Assuming he is a US Citizen and there are not other issues with your case he may be able to successfully petition for a green card for you. I suggest you have an immigration lawyer review your history with you and give you appropriate advice.
If you would like to go over this in a little more detail by phone I would be happy to do so.
It is possible for you to move to an EB5 but there is an enormous amount of detail that needs to be taken care of.
My firm specializes in E2 and EB5 work and respesentals regional centers amongst other parties, including investors. If you wish, we have a free client advisory/ guidance note I am happy to forward to you that explains the E2/EB5 conversion process in a little more detail, if you email me at email@example.com I will send it to you. I am also happy to discuss...
I suggest that you copy all of your correspondence with USCIS together with all of you applications and take them to an experienced immigration attorney to review.
There are too many additional questions to be able to usefully reply here. There are myriad options and it's jut not possible to tell which may apply to you.
If you wish to scan and send the documents to our firm I would be happy to look at them for you and advise you.
Good luck !
This is a very specialist area of the law where things are changing very rapidly. You MUST get advice from an immigration lawyer who is EXPERIENCED WITH SAME SEX COUPLES as things are changing very rapidly at the moment. We assist same-sex couples and represent them in immigration work all over the country.
The easy question is part 1, getting Married:
1. Yes you can get married in any state that allows it. If you e-mail me I can send you a list of those states.