American married to German

[lil96]

What is the name of your state? VA
Hi, I am an American married to a German. He is working currently on a scientist/Working Visa (H1b). He had a J1 before. We would like to get a spousal Visa for him. His current Visa runs out at the end of the year and he can get a new one of the same type, but we would like it for him to have a spousal one, so we never have to worry again. Could you help us with that? What do I need to do? Thanks

 

[evcalyptos]

What is the name of your state? VA
Hi, I am an American married to a German. He is working currently on a scientist/Working Visa (H1b). He had a J1 before. We would like to get a spousal Visa for him. His current Visa runs out at the end of the year and he can get a new one of the same type, but we would like it for him to have a spousal one, so we never have to worry again. Could you help us with that? What do I need to do? Thanks

He does not need a new visa; he may Adjust Status to Permanent Resident (Green Card) based on marriage to you.

http://uscis.gov/graphics/howdoi/legpermres.htm

He should apply as soon as possible. As long as he abides by the terms of his H1B, he can stay here on that status. When the H-1B expires, he will be 'pending adjustment' which is a legal status, but will require a separate work permit (EAD) and travel permit (Adavance Parole). AOS/Adjustment of Status timelines depend on your local office, so look up processing times that way. AOS can take from 3 months to 3 years depending on your local office.

Once his AOS is complete and he is a Permanent Resident, he can work wherever he likes and will have most of the same rights and responsibilities as a citizen.
http://uscis.gov/graphics/howdoi/PermRes.htm

 

[lil96]

thanks, but he doesn't want to become an American, which is why we aren't trying for the green card. Or am I confused, I don't know the actual names to this stuff. He wants to remain a German citizen, but be able to come and go, like if we move back to Germany and want to visit, he doesn't want to have to get a travel visa. Or is a green card, the same as a spousal visa? Sorry for all the questions, but I don't know anything about this. He did all my work when we lived in Germany, I just got a residency permit, that I renew every few years., I didn't have to have a visa or lose my citizenship to America.
Thanks!

 

[AHA]

Having Green Card does NOT make you a US citizen. You have to apply specially for that and it's not mandatory. You can have a Green Card only, just renew it every 10 years.
Check uscis.gov for information.

 

[evcalyptos]

thanks, but he doesn't want to become an American, which is why we aren't trying for the green card. Or am I confused, I don't know the actual names to this stuff. He wants to remain a German citizen, but be able to come and go, like if we move back to Germany and want to visit, he doesn't want to have to get a travel visa. Or is a green card, the same as a spousal visa? Sorry for all the questions, but I don't know anything about this. He did all my work when we lived in Germany, I just got a residency permit, that I renew every few years., I didn't have to have a visa or lose my citizenship to America.
Thanks!

A Green Card/Permanent Resident status replaces the H-1B (which is limited to 7 years in the US). It is permanent permission to live/work in the US, but is not the same as citizenship. He would not be eligible for a US passport, for example.
While there would be nothing stopping him from moving back to Germany with PR status, if he abandons his residence here permanently, he would have to reapply if he wanted to move back to the US after abandonment.
I have a similar European country residence permit that is valid for 5 years, but does not require me to "live" there. A US residence permit does require you to live in the US.

 

[lil96]

Thank you so much, I have emailed lawyers in my area trying to get help for this and no one seems to respond. Do you think that it is necessary to get a lawyer to help with all this, someone suggested that we would need one. Thanks! sorry I have never known anything about this stuf and I am just recently married.

 

[evcalyptos]

Thank you so much, I have emailed lawyers in my area trying to get help for this and no one seems to respond. Do you think that it is necessary to get a lawyer to help with all this, someone suggested that we would need one. Thanks! sorry I have never known anything about this stuf and I am just recently married.

It may be that you chose the 'wrong' lawyers, or your case isn't profitable enough for their practice. You do not have to work face to face with someone.. but of course be wary about choosing an immigration lawyer whichever way you find them.
Make sure it is someone well-familiar with YOUR type of case. I just read another sad story yesterday of someone with a wedding planned and in place... the USC bride has just discovered that her hired professional has sent her petition to the completely wrong Service Center and there is little chance that the groom will be here for the wedding.

I sent you a private message with links to some reading for you.