Work visa vs spousal visa for UK citizen

[Lala09]

Hello, I am looking for some advice or somebody who can point me in the right direction! I tried doing some research on my own, but am a bit overwhelmed and couldn’t find any straightforward information

I am an American citizen, my partner is a British citizen, and we currently live in the UK with our baby (I have been living here the past 5 years on a settlement visa). We are thinking of moving to the US in the next couple of years. My partner is a doctor, so I am wondering what visa options he has if he wants to apply on a work basis? Alternatively, if we were married, would it be easier for him to enter/get a job on a CR1 visa?

Thanks in advance

[Zerubbabel]

Hello

I think at this stage of your relationship, you should seriously think about getting married. This will protect both of you and get you stronger recognition when it comes to immigration.

Once married, you can get CR1 to your partner.

For yourself, you should also consider applying for British Citizenship. As once you leave the UK, at one point you won't be able to come back if your plans don't work well int he US.

[os306]

Hi,

As a physician, your partner needs to have completed the USMLEs (at least Steps 1 and 2), be certified by the Educational Commission for Foreign Medical Graduates (ECFMG) and successfully go through the residency Match process in order to obtain a spot on a residency program in the US. I am not sure if your partner is currently in-training or has already finished his training - regardless, he won't simply be able to pick up and start practising as a physician in the US. The Match process can be competitive (and difficult) for international medical graduates (IMGs), particularly if applying for a lucrative speciality such as dermatology, plastic surgery or ortho. Specialities like family medicine and internal medicine tend to be more IMG-friendly, but even then, the chances of matching into a program at a top 10 institution and/or in a location of your choice are lower. If you wanted to go down the employment visa route, your partner would be eligible for a physician J1 or H1B visa only if (and when) he matches into a residency program.

In your case, it would be far far preferable for you to be married and for him to obtain a green card before heading to the US. This is for two reasons: 1) it is easier to match into a residency program if you do not require J1 or H1B visa sponsorship (less headache for the program) and 2) both employment-based visas come with stipulations that can make life difficult (particularly in the case of the J1) further down the line.

Another thing to bear in mind is the processing time for a CR1 visa (which may take around a year in the current climate). Applying directly with the London USCIS Field Office (i.e. Direct Consular Filing) is no longer an option as of April 1st 2020. Therefore, you would have to apply via the Dallas Lockbox which has a longer processing time.