Trying to move my fiance to the US

[Caitlin2009 1]

I'm not all too sure where to put this, but me and my friend, have been trying to get my fiance over from Scotland. It's a tougher process then we originally thought, I was wondering what it all involved for her to get here? And if your wondering why were not applying for the fiance visa its because my friend who i've known for years lives in California, and she wants to get into stand up and acting so he's trying to help her out with that, and she's gonna live with him when it gets approved so she can get into the business. After when i move to NC with another friend of mine and he helps me out with getting a house of our own, then me and here move in together and after that we'll get married. Phew. Basically we have been waiting for an answer for like 5 months now, it's taking ages! And i wanted to know whats involved with that?

[canadian_wife 1,822]

ok - so you're not interested in having her come here as your fiance, is that correct? Has your fiance applied for any type of visa? If so what type?

[Caitlin2009 1]

My friend was the one that applied for it, i'm not exactly sure what he applied for i'll have to ask him when he comes online later, I believe he did the work Visa since she's also trying to get into the entertainment business

Edited April 7, 2010 by Caitlin2009

[Bobby+Umit 161]

I'm confused.

You said your fiance (which means a man) then you said to bring "her" over here. Are you both women?

Edited April 7, 2010 by Bobby+Umit

[Caitlin2009 1]

yes were both woman.

[Anh map 2,098]

Is your friend proposing to bring her here as his spouse or fiancee? Or is he an employer wanting to sponsor her here for employment based visa?

[Caitlin2009 1]

he's sponsoring her

[Bobby+Umit 161]

yes were both woman.

Currently, Federal law does not recognize same sex marriage, so no immigration is possible under this scenario.

Your fiancee cannot AOS with a visa by marrying you. (this is what changes their status to LPR)

If you get married on a work visa with the intent for her to stay in the US, she could be charged with misrepresenting herself, and deported.

(I would not recommend doing this, as this could cause any future visa application to be denied - but if she is here to work, on a valid visa, there is no law (depending on the state that is) preventing you from living together/married together - she would need to maintain a legal status above all. )

In either case, you should consult an immigration lawyer to go over all the issues that you may encounter.

Edited April 7, 2010 by Bobby+Umit

[Caitlin2009 1]

we know thats why were not doing the fiance visa thing or getting married until everything is settled, and when we can when shes in the US we will defiantly talk to a lawyer about that and other things, may not seem like it but we have everything planned out and we know we gotta do things right and we defiantly plan to but for the work visa thing how long does it normally take? I know she talked to people in her area and they told her 6 months, to 2 years....is that actually the case?

[Bobby+Umit 161]

Depends on what type of work visa you are going for.

My link

[TracyTN 237]

I hope she has found an employer willing to sponsor her - a lot of them (mine included) have stopped doing it now. I think the economy plus the cost of sponsoring someone has put a lot of employers off doing it.

[Caitlin2009 1]

Bobby- well its for the entertainment business because shes getting into stand up and acting as soon as she moves, our friend is also in the same field

Tracey- Yes our friend is doing that, he has the resources to

[canadian_wife 1,822]

When you find out what classification of visa has been applied for, you will get better answers as to the time frame

Good luck

[inloveVEN 46]

Hi

if she is an artist she can make a selfpetion too. watch this link uscis

i thin this is an additional option that you could take in account.

wish you luck

[Caitlin2009 1]

oooo! thanks, i'll show that link to her