Urgent advice needed: South African getting married to an LPR?

[maknar]

Hi everyone,

I am from South Africa and met a South African girl 6years ago just before she had to move to the U.S. with her parents. We are getting married in May 2008 and we are desperately looking for a way for me to be with her and work in the U.S. for two years, while she finishes her nursing training and also get her citizenship. She has had her green card for three years already and only has two years to go till she can apply for citizenship. The funny thing is that we are only planning to stay in the U.S. for two years and then return to South Africa after her training is complete. We really cannot bear the thought of being seperated for such a long time (after a long distance relationship of many years)

She is a registered nurse in California and I am an Electronic/Software engineer in South Africa with two bachelors degrees behind me I just need a way to stay with my wife and at least be working after a few months to support the family. I am even considering study in the U.S. I've filed many job applications for H1B status to no avail. All the other categories also seem unlikely.

We also don't know whether it is better to get married in the U.S. or in my home country.

I have spoken to so many people but there seems to be no hope. Any advice will be appreciated dearly.

Regards,
Jac Stofberg

[PraetorianXI]

In the case of an LPR it does not matter where you get married, since she can not file a fiancee visa for you (K-1).

There is not a way for you to get a GC immediately either, if she filed I-130 for you after you are married, it would take 5-6 years for you to get a GC.

As a US citizen, it would taken 1 year or less.

So, your choices are H1 or L1 visas or an F1 visa...

There is a little problem with your plan though... when she becomes an US Citizen, she can move and live where ever she wants to (even her home country)... but you will have a GC and a long way to go to become a citizen... if you move back to your home country while being a GC holder, you will lose the GC.

[maknar]

Thanks for the speedy reply

It is not so much for me to get a greencard, but to be with her until she at least have her citizenship. If something would ever happen to me in South Africa she will then always be able to return to her parents.

I have three last quetions if it is okay:
(1) If she leaves the U.S. and come stay with me while only an LPR, would she be able to keep her green card status alive by successive reapplications for entry? How many times can one apply for re-entry?

(2) Would it have any effect on HER green card status if we were to marry legally in South Africa and she goes back to the U.S. with a different surname?

(3) What are the chances of getting sponsorship for an H1? I've applied for many positions, but the H1 caps have not yet opened and the chances seem minimal. If it would be better for me to be in the U.S. for H1 job interviews etc, can I do that on a tourist visa?

Thank you for the valuable advice. You guys are helping a lot of people.

Kind regards,
Jac