Trying to move my fiance to the US

[Brother Hesekiel 2,235]

This is a subject that can be discussed in great length. The short version: it will not work. The only way to get a green card is by being an immediate relative of a US citizen, ideally a spouse. Since same-sex marriages are not recognized as being legal to this day, she can't go that route. The work/sponsor route as a non-immigrant is extremely difficult. An exceptional bright woman, with a PhD. in nuclear physics has a good chance to pull this off, but otherwise it's a stillborn idea. And then there's entertainment. If somebody has an international recognition, like Schwarzenegger had, being a 6-times Mr. Universe, or a tennis player like Andre Agassi, or a musician like Sting or an Actor like Catherine Zeta-Jones . . . yes, those people can get the door open in no time. But for somebody who "wants to get into acting and stand-up comedy, it's welded shut, as the US has quite a few people who'd like to get into acting. You'll find them waiting tables all over the country.

[Caitlin2009 1]

And unless you applied for that specifically yourself you really dont know much about it. I'll just say my friend has a few connections and i will leave it at that!!

Edited April 7, 2010 by Caitlin2009

[Caitlin2009 1]

Ok im a little pissy now but "it wont work" doesnt cut it for us! If you want something bad enough especially this then somehow it will work one way or another, saying "it wont work" is basically saying forget about it.....i dont know if your saying it because were the same sex or what but i aint listening to that! Where theres a will theres a way to anything, it may take a little while but we will accomplish it!

[Darnell 8,478]

Same sex marriages are recognized in Canada.

It might be easier for you two, in the long run, to get Canadian citizenship, then travel to USA for the work gigs.

[TracyTN 237]

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

Good deal!

[Caitlin2009 1]

Darnell- were not gonna do that, we plan on both moving to North Carolina at some point once things get settled

[Deputy Purple 1,294]

FWIW, if you treat everyone who says something you don't like as if they have something against same-sex couples then you find the amount of useful answers dwindle rapidly.

Regardless of "connections" there is a big difference between someone who isn't even in the business and an established and known performer.

USCIS doesn't admit people who "want to be a Nurse" as a nurse with a work Visa, they require them to have the education & have passed the Nursing Boards/Tests in their home country first. Why would this be any different? What does she have to offer that nobody already here has? The aforementioned entertainers had already established international celebrity so their uniqueness was an offering in and of itself. No offense as "Just Bob" already said we have an over-abundance of people who "want to get into show-biz".

Then there's also this angle: Isn't this akin to immigration fraud? Since we can't get a family based Visa we'll use a friend in the entertainment industry who "has connections" to get her here on a Non-Immigrant Work Visa even though she definitely has the intent to immigrate. I mean you're the reason she wants to immigrate to the US, you are conspiring to circumvent immigration laws in this manner. If USCIS gets wind of it then there is misrepresentation which carries a lifetime entry ban (that can't be waived) and your mutual friend with the connections faces prison & stiff fines.

[Anh map 2,098]

What the alien fiancee needs is a method to secure LPR status, not simply a work visa as the current federal law would not allow for adjusting status through a same sex marriage. When that law might change is anyone's guess.

It may be well worth the time and expense to consult a qualified immigration attorney. And probably one in the Gay and Lesbian community to get a good sense of what lies ahead. The alien fiancee doesn't want to run afoul of the law and wind up facing some of the harsher consequences such as a ban on adjusting status or worse, deportation.

Regarding stand up, good luck to her on that. I lived with a marginally well known stand up for a few years and it was a tough industry.

[nane1104 146]

I don't get it.

You say you have everything planned out, yet you have no idea what your friend has applied for to get your fiancee to the US.

"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"

That alone strikes me as odd. How would you not know this, if your future together depends on this?

So, if your friend applied for "it", whatever "it" is, what advice do you need, cause the decision seems already been made by your friend, the "sponsor"!?

I suggest, before anything happens regarding a visa, ya'll sit down with an experienced immigration attorney and discuss all the LEGAL options available to bring your fiancee to the US because as it has been pointed out already, a workvisa won't keep her in the US forever and right now there are no legal options for her to become a LPR as your future spouse.

[inloveVEN 46]

Hi

if she has some experience and has worked, teached or performed in a well recognized instituion. Of course she can try the self petition. I have several friends, that they have work as teachers and judges for musicians in relevant schools, ( they are not necesarily famous), they talked to an attorney and they have prepared a dossier, with especific information, showing resumes about them and about their teachers or their boss, etc, etc. They are currenctly living as LPR in Florida. And according to my friends, it didn´t cost the world. it was not that expensive.

But is very important to take in account that "Only an expert can help her in this case".

Of course she needs to have any relevant experience. If this is not the case i agree the only way is thruough marriage or another form of jobs petition.

I am just telling you, that this is an option that you should explore if you want to be together.

[JimVaPhuong 4,863]

Family based visas are not the only way to immigrate to the US. There are also a variety of work visas that can lead to a green card, as well as asylum and diversity visas.

It sounds like your well connected friend is trying to get her an E2 visa based on "exceptional ability in the arts". These are tough to get. Maybe your friend has enough pull that he or people he knows can vouch for her "exceptional ability". I don't know enough about these visas to know what is required to tip the scales.

In any case, the best advice you've gotten so far is to hire a good immigration lawyer. They can help you explore the possibilities.

You could also wait and hope that the President's promised immigration reforms will result in the immigration laws being rewritten so that they don't discriminate based on sexual orientation, but I wouldn't hold my breath on that. It would require repealing the Defense Of Marriage Act, and introducing new legislation that allowed the federal government to recognize same sex marriage. This is still too much of a political hot potato right now, as we've seen in recent state elections. Don't let this get you down, though. Things will change eventually. 50 years ago it would have been unthinkable that any state would permit same sex marriage. I suspect that 50 years from now it will be unthinkable that any state would not permit it. I just wouldn't expect a drastic shift in this President's tenure. Any reforms will probably focus on providing a way for existing illegal immigrants to become legal, since that's where the political clout is right now.

[ScottThuy 140]

Maybe her fiance' is funny as hell and will get the work visa to make people laugh... isn't that possible?

I feel a good laugh coming on just thinking about it...

[Alcheringa 39]

"And unless you applied for that specifically yourself you really dont know much about it. I'll just say my friend has a few connections and i will leave it at that!!"

Applied for what? You self-admittedly don't even know yourself. And if your "friend" has "connections" then what are you countering honest advice on this forum for? With that unheard of amount of certainty regarding a visa -- that is so important to you that you do not even know which has been applied for -- I'd say you can relax and wait for the circumvention of the system to work in your favor.

"Ok im a little pissy now but "it wont work" doesnt cut it for us! If you want something bad enough especially this then somehow it will work one way or another, saying "it wont work" is basically saying forget about it.....i dont know if your saying it because were the same sex or what but i aint listening to that! Where theres a will theres a way to anything, it may take a little while but we will accomplish it!"

In regard to Immigration proceedings, plenty of honest applicants that have a will never find a way. I do not want to suggest you are naive, as it would be insufficiently descriptive, but I will say that before you enlist the assistance of informed individuals on this forum, I would take a more receptive stance to their advice. And if you are going to publicly announce that you intend to essentially commit immigration fraud by bringing a girlfriend to the U.S. on a work visa for the express purpose of possible or implied marriage (same-sex, heterosexual, it doesn't matter -- don't throw that card), why don't you consider not using your actual name in your screen name as well as posting a photograph?

The USCIS and/or DoS does not respond to emotional banter. They do not care if you think you are in love, or are "a little pissy," or have an opinion on the system, or think this should be one way and that should be another. It is a defined process governed by strict rules that generally need to be followed if to be successful. And, frankly, to prevent situations like this from occurring.

It's been said before by someone else, and I like it so much I'll say it again. Obtaining a visa of any type is not a right, it is a privilege. And if you treat it with that perspective, the difficulties of doing so are put into a different light.

With that being said, clearly if your relationship was heterosexual you would have the option to attempt a K-1 or CR-1 visa. And because it is not, you are prevented from doing so. Depending on what side of the fence you sit on, that can be considered discrimination. This forum isn't meant for that kind of discussion, and it wouldn't be resolved anyway if it were. But we all realize the difficult position that puts you in. You care about her, but the system does not afford you the option to act upon it. We get that.

But the fact remains that the system is the system, and whether you like it or not it would behoove you to act within it's parameters if you wish to succeed, and do not particularly want to suffer the repercussions of being involved in a situation where fraud is detected by the government and acted upon.

You keep harping for advice, but what you actually want is someone to confirm your questionable notions. That isn't going to happen, as your best course of action is 1) for your sake to stop referring to her as your "fiancé," 2) to put your emotions on the back burner and actually attempt to educate yourself on the system so you two can make informed decisions, and 3) try being less reactive to postings on this forum. It is an absolutely essential resource with unlimited potential to assist you, but if you continue to act as you have you may find yourself not taken seriously.

Idealism is not going to assist you much in this regard, as matters of immigration require knowledge and the detail-oriented application of that knowledge.

In any case, good luck. I guess.

[Caitlin2009 1]

well for one thing he told me the other day and i forgot, but its gonna be a temporary one because she has to be in the States for a certain amount of time before she can get a full fledged one. But its gonna be a temporary work on.

FWIW, if you treat everyone who says something you don't like as if they have something against same-sex couples then you find the amount of useful answers dwindle rapidly.

Regardless of "connections" there is a big difference between someone who isn't even in the business and an established and known performer.

USCIS doesn't admit people who "want to be a Nurse" as a nurse with a work Visa, they require them to have the education & have passed the Nursing Boards/Tests in their home country first. Why would this be any different? What does she have to offer that nobody already here has? The aforementioned entertainers had already established international celebrity so their uniqueness was an offering in and of itself. No offense as "Just Bob" already said we have an over-abundance of people who "want to get into show-biz".

Then there's also this angle: Isn't this akin to immigration fraud? Since we can't get a family based Visa we'll use a friend in the entertainment industry who "has connections" to get her here on a Non-Immigrant Work Visa even though she definitely has the intent to immigrate. I mean you're the reason she wants to immigrate to the US, you are conspiring to circumvent immigration laws in this manner. If USCIS gets wind of it then there is misrepresentation which carries a lifetime entry ban (that can't be waived) and your mutual friend with the connections faces prison & stiff fines.

there is no misrepresentation they know whats going on, were not gonna get married right off the bat as soon as she comes here! if need be we'll wait a few years and then ask whomever if we can or not, if we cant then thats fine too! And im not gonna sit around while someone tried to make me stop what im doing just because were a same sex couple, i wont have it! And i know thats what he was trying to do!

What the alien fiancee needs is a method to secure LPR status, not simply a work visa as the current federal law would not allow for adjusting status through a same sex marriage. When that law might change is anyone's guess.

It may be well worth the time and expense to consult a qualified immigration attorney. And probably one in the Gay and Lesbian community to get a good sense of what lies ahead. The alien fiancee doesn't want to run afoul of the law and wind up facing some of the harsher consequences such as a ban on adjusting status or worse, deportation.

Regarding stand up, good luck to her on that. I lived with a marginally well known stand up for a few years and it was a tough industry.

yeah its a very tough industry but i know she can do it! She has the talent and just because its tough doesnt mean it aint gonna happen, you gotta work hard at it. if everybody told that to the stand up comedians we have now like Bill Cosby, Robin Williams, ect and they listened to that we wouldnt have them, so thank god they never listened to that. Eventually we will get an attorney for all the other stuff

I don't get it.

You say you have everything planned out, yet you have no idea what your friend has applied for to get your fiancee to the US.

"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"

That alone strikes me as odd. How would you not know this, if your future together depends on this?

So, if your friend applied for "it", whatever "it" is, what advice do you need, cause the decision seems already been made by your friend, the "sponsor"!?

I suggest, before anything happens regarding a visa, ya'll sit down with an experienced immigration attorney and discuss all the LEGAL options available to bring your fiancee to the US because as it has been pointed out already, a workvisa won't keep her in the US forever and right now there are no legal options for her to become a LPR as your future spouse.

well i stated above that he told me and i forgot, bad memory but i do know it wont keep her in the US forever but we will worry about that when the time comes, one thing at a time

Hi

if she has some experience and has worked, teached or performed in a well recognized instituion. Of course she can try the self petition. I have several friends, that they have work as teachers and judges for musicians in relevant schools, ( they are not necesarily famous), they talked to an attorney and they have prepared a dossier, with especific information, showing resumes about them and about their teachers or their boss, etc, etc. They are currenctly living as LPR in Florida. And according to my friends, it didn´t cost the world. it was not that expensive.

But is very important to take in account that "Only an expert can help her in this case".

Of course she needs to have any relevant experience. If this is not the case i agree the only way is thruough marriage or another form of jobs petition.

I am just telling you, that this is an option that you should explore if you want to be together.

well i will let her know that defiantly

Family based visas are not the only way to immigrate to the US. There are also a variety of work visas that can lead to a green card, as well as asylum and diversity visas.

It sounds like your well connected friend is trying to get her an E2 visa based on "exceptional ability in the arts". These are tough to get. Maybe your friend has enough pull that he or people he knows can vouch for her "exceptional ability". I don't know enough about these visas to know what is required to tip the scales.

In any case, the best advice you've gotten so far is to hire a good immigration lawyer. They can help you explore the possibilities.

You could also wait and hope that the President's promised immigration reforms will result in the immigration laws being rewritten so that they don't discriminate based on sexual orientation, but I wouldn't hold my breath on that. It would require repealing the Defense Of Marriage Act, and introducing new legislation that allowed the federal government to recognize same sex marriage. This is still too much of a political hot potato right now, as we've seen in recent state elections. Don't let this get you down, though. Things will change eventually. 50 years ago it would have been unthinkable that any state would permit same sex marriage. I suspect that 50 years from now it will be unthinkable that any state would not permit it. I just wouldn't expect a drastic shift in this President's tenure. Any reforms will probably focus on providing a way for existing illegal immigrants to become legal, since that's where the political clout is right now.

i think he most likely is doing that, and he does have enough people that he's working through to make this happen! i understand they are tough to get but i firmly believe he'll get it defiantly!

Maybe her fiance' is funny as hell and will get the work visa to make people laugh... isn't that possible?

I feel a good laugh coming on just thinking about it...

lol well actually yeah she is! and she will defiantly make people laugh, mmmhmm i mean my face hurts sometimes with the things she says sometimes so she's gonna do amazing in this field i know she will

[justashooter 430]

there is no misrepresentation they know whats going on, were not gonna get married right off the bat as soon as she comes here! if need be we'll wait a few years and then ask whomever if we can or not, if we cant then thats fine too! And im not gonna sit around while someone tried to make me stop what im doing just because were a same sex couple, i wont have it! And i know thats what he was trying to do!

USCIS doesn't give a rat's patoot about whether you "will not have it". neither do we. try australia.