Jump to content
Caitlin2009

Trying to move my fiance to the US

 Share

62 posts in this topic

Recommended Posts

Filed: IR-1/CR-1 Visa Country: Vietnam
Timeline

OP, you missed the point of my comments completely. You mentioned the attorney as an after thought while it should be paramount. My comment about the industry was not dismissive or discouraging. Rather it was an acknowlegement of how tough a gig it is.

Let down your defenses and see the valid input that you're getting. Don't rely on wishes and hopes where preparation is called for.

Best of luck

I-864 Affidavit of Support FAQ -->> https://travel.state.gov/content/visas/en/immigrate/immigrant-process/documents/support/i-864-frequently-asked-questions.html

FOREIGN INCOME REPORTING & TAX FILING -->> https://www.irs.gov/publications/p54/ch01.html#en_US_2015_publink100047318

CALL THIS NUMBER TO ORDER IRS TAX TRANSCRIPTS >> 800-908-9946

PLEASE READ THE GUIDES -->> Link to Visa Journey Guides

MULTI ENTRY SPOUSE VISA TO VN -->>Link to Visa Exemption for Vietnamese Residents Overseas & Their Spouses

Link to comment
Share on other sites

Filed: K-1 Visa Country: Wales
Timeline

Here they are, which one?

Pulaski's Ways: How to Live and Work in the USA

The following is a non-legal guide to living and working in the USA by people who have already done it. It is not a definitive or even detailed guide but nevertheless shows the common starting points for the beginning of your journey. Note that it is not legal advice; if you require such advice, AILA is a suitable place for a referral to a specialist US immigration lawyer. Official US government information is available at USCIS and State Dept Bureau of Consular Affairs. Unlike many other popular destinations, the US does not provide specific retirement or skilled trade visas. Please research fully before you ask questions on the forum.

Simplified, there are 3 categories of US visas: immigrant, dual-intent, and non-immigrant.

Immigrant: You will be a permanent US resident (Green Card). You may under certain conditions subsequently apply for naturalization as a US citizen.

Non-immigrant: There is normally no specific option to convert to permanent resident status. Additionally, you must intend to leave the US when the reason for your stay no longer exists. The majority of non-immigrant visas (except those which allow "dual intent") require that you maintain a home outside the United States.

Dual-intent: A special type of non-immigrant status which is compatible with making a concurrent application for permanent resident status (Green Card), or having an intention to apply for permanent residence. There is no requirement to maintain a residence outside the United States. However, while there may be options to apply for permanent residence, there is no automatic route available. The H, K and L visas are the best known types for which dual intent is normally permitted.

Contents [hide]

1 Family

2 Work

3 Student

4 Exchange Visitors

5 Money

6 Misc (unusual for UK citizens)

[edit] Family

Marriage or engagement in anticipation of marriage to a US citizen. Immigrant or dual-intent visa. Search for: K1, CR-1, K3, direct consular filing (DCF), I-130 petition, Adjustment of Status (AOS).

You have a close relative (mother, father, child over the age of 21, brother, sister and no further) who is an US citizen who would sponsor you; approx. time for visa is 6 months to 12 years. Immigrant visa. Search for I-130 petition, adjustment of status (AOS).

[edit] Work

You have skills that are in short supply, e.g. scientific or medical training. A degree is normally a must. Or you have superior specialist skills with at least 12 years experience ( 3 years experience for each year of a 4 year degree missing of study). Recruitment agents will not take you seriously if you are not already in the US. Writing for jobs is often futile, and US employers have no idea what many foreign qualifications mean, so it may pay you to get your qualification translated into a US equivalent. You need a job offer before you can get the visa. Your employer will be your sponsor at a cost to them of $5k and up. They may also have to prove to the Dept of Labor there is no American to do the job if the position is to be permanent. Your dependent spouse may not work. Employer can apply to sponsor you in April for an Oct start of the fiscal year, but there is a limited number of visa's issued, current cap of 65K visa's, which fill up quickly, unless the position is exempt from the cap, such as a university position. Dual-intent visa. Search in forums for: H1B Visa

You have a multinational employer who is willing to transfer you, but even then the employer has to make a good case for you. Your dependent spouse may work. Dual-intent visa. Search for: L1 Visa, intra-company transfer.

You have a multinational employer who is willing to transfer you, and the company you work for has significant trade between your home country and the US. You also have specialist skills which are essential to the operation of the company. Your dependent spouse may work subject to approval. Search for:E1 Treaty trader. This category is designated for persons engaged in international trade between the U.S. and the aliens’ countries of nationality.

OR you have your own business in the UK, that somebody can manage for you whilst you are in the US

You have extraordinary ability in the sciences, arts (including the television and motion picture industry), education, business, or athletics. Your dependent spouse may not work. Dual-intent visa. Search for: O1 or P1

You are a foreign member of a religious denomination having a bona fide non-profit religious organization in the US and entering the US to carry on the activities of a minister or religious worker as a profession, occupation or vocation Search for: R1.

You have an employer willing to offer you seasonal work which U.S. citizens and permanent residents are unavailable to do. Search for H2A (agricultural) or H2B (non-agricultural).

Note : Getting a Green Card is not necessarily easy even if you are lawfully admitted on a work visa. In most cases employment based green cards require employer sponsorship, labor market testing to prove no American can do the job, and in many cases (especially third preference) the wait may run into years. In other words, a sponsoring employer or job offer is not necessarily enough. The pathway to a green card should be researched before you move to the United States on a non-immigrant visa.

[edit] Student

Short term, but allows for OPT after studies, which is basically for on job training

F1 visa, from an accredited school, to get this as a rule of thumb, you have to show that you have means to cover the cost of tuition and other living expenses, so around $10K on top of tuition per year at the very least. This can be from having cash in the bank, loans available or other credit, sponsorship or scholarship etc.

This visa doesn't allow you to work whilst studying for the first semester of the course (6 months), and then after that, only for 20 hours a week on campus.

Student visas (F) are non-immigrant but in some cases it may be possible to switch to H1-B or a similar visa class on graduation and progress from there to a green card. This is not guaranteed.

[edit] Exchange Visitors

The J visa class allows for people to participate in specific exchange programs. Many of these applicable to U.K. citizens are organized by BUNAC. Also see State Dept Bureau of Educational and Cultural Affairs. Many, but not all, of the the J visa options are for students and recent graduates. J visa is non-immigrant and usually has a 2 year home residence requirement once the stay in the U.S. is complete (there is scope for waiver in some circumstances).

[edit] Money

You own or buy business as a national of a qualifying Treaty country. The business must have a minimum value of around $150k (the more, the better) bearing in mind you will need somewhere to live and with any startup business you will need at least 2 years living money as back up. So a figure of $350k would be a nearer minimum. Your dependent spouse may work. Non-immigrant visa with a difficult pathway to a green card. Search for: E2.

You are an "investor" i.e. you have at least US $1m in assets to bring with you, or half that in certain areas. Your background will be investigated. this is also known as 'investor for alien entrepreneur'.

You can invest 500,000 US dollars into a government approved regional center, some will also provide income on the investment

you can borrow the money, from a bank, family member etc, as long as you show that the investment is real and you have a proven record of where your funding comes from. This will give you a 2 year conditional green card, some government regional centers also provide 5 year exit strategies. After a 2 year conditional green card you can apply to uscis to have your conditions removed to be a permanent resident.

[edit] Misc (unusual for UK citizens)

You participate in, are selected, and successfully process the Diversity Visa lottery. Note that persons born in certain countries including the UK (except N. Ireland) are generally not eligible to apply unless your spouse or both parents were born abroad. Immigrant visa. Search for: diversity visa (DV).

You are in a position to claim refugee status/political asylum.

You assist US law enforcement to investigate and prosecute crimes and terrorist activities such as money laundering and organized crime. Search for: S visa.

You get a member of Congress to sponsor a private bill with legislation that applies just to you. (extremely rare)

Australian citizens may qualify for the temporary E-3 visa with a view to obtaining a green card further down the line.

Canadian and Mexican citizens may qualify for the temporary TN (NAFTA) visa/status. The pathway to a green card is not simple from this visa but it does allow exposure to the U.S. employment market and a possible switch to H1-B later on.

Citizens of Singapore and Chile with professional occupations may qualify for the special H1B1 visa, similar to H1B (except that dual intent is not specifically permitted), but with its own quota.

Most citizens of the Pacific nations of Palau, Marshall Islands and Federated States of Micronesia, may seek admission to live and work in the United States under the Compact of Free Association

Starting 2009, Irish citizens in university education or recently graduated may be eligible for a 12 month working visa. U.S. / Ireland Work & Travel Agreement.

Originally written by BritishExpats member "Pulaski". Additional content by BritishExpats Member "Ray". Edited and re-vamped by BritishExpats Member David, "Fatbrit"

“If you know the enemy and know yourself, you need not fear the result of a hundred battles. If you know yourself but not the enemy, for every victory gained you will also suffer a defeat. If you know neither the enemy nor yourself, you will succumb in every battle.”

Link to comment
Share on other sites

Filed: Timeline

OP, you missed the point of my comments completely. You mentioned the attorney as an after thought while it should be paramount. My comment about the industry was not dismissive or discouraging. Rather it was an acknowlegement of how tough a gig it is.

Let down your defenses and see the valid input that you're getting. Don't rely on wishes and hopes where preparation is called for.

Best of luck

i didnt miss any points, were not trying to make the attorney as an afterthought but at the moment thats how its gotta be for now, yeah i know its a defiantly a tough gig to get into but like anything else if you work hard at it then you will accomplish it

Link to comment
Share on other sites

Filed: Other Timeline

Australia may prehaps defiantly work, 'cause all of their good entertainers moved to the US, so there's a lot of empty spots to fill. Think Crocodile Bundy, or Nicole Kid-man.

Edited by Just Bob

There is no room in this country for hyphenated Americanism. When I refer to hyphenated Americans, I do not refer to naturalized Americans. Some of the very best Americans I have ever known were naturalized Americans, Americans born abroad. But a hyphenated American is not an American at all . . . . The one absolutely certain way of bringing this nation to ruin, of preventing all possibility of its continuing to be a nation at all, would be to permit it to become a tangle of squabbling nationalities, an intricate knot of German-Americans, Irish-Americans, English-Americans, French-Americans, Scandinavian-Americans or Italian-Americans, each preserving its separate nationality, each at heart feeling more sympathy with Europeans of that nationality, than with the other citizens of the American Republic . . . . There is no such thing as a hyphenated American who is a good American. The only man who is a good American is the man who is an American and nothing else.

President Teddy Roosevelt on Columbus Day 1915

Link to comment
Share on other sites

Filed: Timeline

Australia may prehaps defiantly work, 'cause all of their good entertainers moved to the US, so there's a lot of empty spots to fill. Think Crocodile Bundy, or Nicole Kid-man.

honestly if your not gonna have anything nice to say then shut up, if your trying to be funny guess what your not! This is a serious process for the both of us, and our feelings for each other are true if you dont like that, then thats tough for you!

Link to comment
Share on other sites

Filed: IR-5 Country: Philippines
Timeline

i'm not an expert on this.. i also don't know if this will help..

as u may know it has been a fad in our country (ph) to study in the medical field to get in the states..

that's not my case now.. some had studied nursing and have taken a lot of tests just so they can be eligible to apply for a work visa in the states... we know my country's reputation when it comes to traveling to the states.. so it's basically hard for filipinos to get a tourist visa because mostly illegally resides in the us and hides from the immigration authorities...

so taking up nursing would be too long.. how about a caregiver course perhaps? it takes a couple of months.. i know some people who got in to the states legally by working as a caregiver. it's just an option..

i know that people seem like putting you down.. they just want to help you too. it's basically hard. but i can see that you are really into this. so i think u will somehow find a way.

another thing i could think of would be to study there. but i don't think that will let her stay that long.

and i know she wants to be in a stand up comedy or in the entertainment biz. but maybe she can try the other options to get in to the states then she can start from there. this way, at least, you can be together.

i'm new here but so far most people have been helpful. :help: which is surprising for me coz i know how many people think that filipinos just wants to go abroad.. i, on the other hand, had never dreamed of leaving my country and my hometown. but it's where my beloved chris is and i'm willing to try it out there for him.

but if you're willing to wait then maybe your friend can really do something for her.

just another thought... has your fiance posted something on youtube for her act?

maybe that can help too! if she's really that talented maybe she'll get noticed by a lot of people there and can get in faster.

i can name 2 people from my country that made it thru youtube.. like Arnel Pineda who is now the lead singer of The Journey and Charisse Pempengco who is now being managed by Oprah.

don't expect you to like these ideas though.. :)

smile!! :)

IR-5 Petition Parent (this is going to be a long journey)

02.12.2018 - I130 form sent (via USPS) 

02.21.2018 - I130 form delivered (via USPS) mail shipment delayed delivery

02.23.2018 - NOA1 Date 

02.24.2018 - Text Notification received 

03.05.2018 - NOA1 Received

10.05.2018 - NOA2 Received (NOA date 10.02.2018) -- Petition approved.  Petition sent to NVC in Portsmouth, NH  

Link to comment
Share on other sites

Filed: Country: China
Timeline

Student

Short term, but allows for OPT after studies, which is basically for on job training

F1 visa, from an accredited school, to get this as a rule of thumb, you have to show that you have means to cover the cost of tuition and other living expenses, so around $10K on top of tuition per year at the very least. This can be from having cash in the bank, loans available or other credit, sponsorship or scholarship etc.

This visa doesn't allow you to work whilst studying for the first semester of the course (6 months), and then after that, only for 20 hours a week on campus.

Student visas (F) are non-immigrant but in some cases it may be possible to switch to H1-B or a similar visa class on graduation and progress from there to a green card. This is not guaranteed.

lemme tell you how the chinese handle that. they go to a province spnosored bank and ask for a letter of deposit. the bank provides them with a letter of deposit for non-existant funds at a cost price of 2-3% (have personally seen it done several times). this letter is then accepted at face value (even though it has none) at the F1 application. the student comes to USA, studies for 1 semester, then goes illegal. witness the Toys R Us first baby of the year winner for 2007, an illegal chinese F1 overstay working illegally in NYC and living in section 8 housing while getting AFDC for her new anchor baby. did i mention that her illegal chinese "husband" was living in the section 8 with her off the books?

honestly if your not gonna have anything nice to say then shut up, if your trying to be funny guess what your not! This is a serious process for the both of us, and our feelings for each other are true if you dont like that, then thats tough for you!

gee i'm glad that you bought and paid for this forum and can tell everybody on it what to do and where to go.

____________________________________________________________________________

obamasolyndrafleeced-lmao.jpg

Link to comment
Share on other sites

Filed: K-1 Visa Country: Wales
Timeline

It is a bit like asking what time does the train arive.

But not knowing which train, or even if you are at a train station.

“If you know the enemy and know yourself, you need not fear the result of a hundred battles. If you know yourself but not the enemy, for every victory gained you will also suffer a defeat. If you know neither the enemy nor yourself, you will succumb in every battle.”

Link to comment
Share on other sites

Filed: Citizen (apr) Country: Canada
Timeline

I sincerely hope that you find a solution to this predicament. I do think you need to be more receptive to some of the challenges you will face - I know many, many same-sex couples just as determined as you that are now living overseas because there was absolutely no option for them to stay together here. I know many more who don't even have that option. It's heartbreaking and everyone starts off thinking that they can find some way to get through it - it's hard to accept such incredible injustice especially when it keeps you apart from who you love. There are couples together for years and years who have been through every possibility - it is not accurate or fair to assume that they just didn't have the will. Go look through the Immigration Equality website - they have information about all of the options that are available to folks in your situation. I'm truly sorry that our nation refuses you the rights they give other citizens, but this is the current situation and you need to deal with it in a way that isn't just assuming that things will work out just because they should. Good luck and, for real, try to listen to some of the people here who actually have some experience and knowledge in this area. If you don't like what they have to say, go to Immigration Equality - they set up a free consult with a local attorney for friends of mine to help them navigate this.

AOS (from tourist w/overstay)

1/26/10 - NOA

5/04/10 - interview appt - approved

ROC

2/06/12 - NOA date

7/31/12 - card production ordered

N-400

2/08/13 - NOA date

3/05/13 - biometrics appt

6/18/13 - interview - passed!

7/18/13 - oath ceremony

Link to comment
Share on other sites

Filed: AOS (pnd) Country: Philippines
Timeline

What the OP continues to fail to grasp is the unlikelihood of her "fiancé" being granted a work visa for something as uncertain and transparent as "wanting to be a stand-up comic." In its place, she seems to think desire, will and tenacity equate to the tangibility of actual professional credentials. No one is questioning the necessity to keep trying if you want to make it, but that is not grounds for bringing a foreign national into our borders only to potentially slough off the system.

The U.S. is already full of starving and beleaguered native artists whom never make it into the business, funny or not. I do not believe the government finds it in its best interest to also begin importing them.

When you apply for a work visa, you must declare an employer, i.e. steady source of work. Stand-up comics travel around their home-cities, home-states, and the country, living wherever they must, doing gigs, and hoping they break through. That's actually quite fine for USC's, but do you really think the USCIS or DoS would condone allowing a foreign national to come do so? I think not.

That's the equivalent of saying someone "sings really good," and wants to come to the U.S. to give the business a "shot." But they've had no demonstrable success in their home country, and cannot provide any proof of excellence that would make it clear that their profession is already established and one could expect a reasonable continuation of it in the U.S.

She isn't applying for American Idol! It's a visa to enter the U.S.! Stop berating posts for not supporting your "feelings" and what you think she is capable of. All that the system is interested in is what she has already done, and if that translates to actual work directly upon arrival in the U.S.

Again, third-party love is not a variable in obtaining a work visa for someone that is being sponsored by someone else entirely. Wanting that individual in the U.S. is not a right that can be demanded. And suggesting that a foreign national is "really so funny that she makes my face hurt" as sufficient evidence substantiating a legal work permit is just plain absurd.

When we speak of work visas we mean steady occupations one can rely upon. Nurse. Medical doctor. Attorney. Accountant. Engineer. Scientist. Something verifiable and substantial. They pre-arrange an employer, and then show up and start working. Not someone that "would make a really good accountant," and then shows up at a POE with a heart full of dreams.

I saw an episode of some real-T.V. show about Homeland Security, and a young European girl showed up in JFK Intl. with no visa, no employer, no contacts, and a large bag of belly dancing clothes. It was clear to the authorities that her desire to belly dance was not sufficient grounds for entry. Even though she seemed very flexible, and was in fact talented. But that is how individuals end up falling under that radar, skirting the control of immigration, and becoming illegal aliens; or, worse yet, fall prey to people will ill-intent. So they turned her back around and shipped her home.

Not that your friend would, but her situation is little more substantial than this young girl's. Sure, if your "connections" land her a stable job at a comedy house then you may be able to pass that off. But your portrayal makes it sound a bit more flimsy than that. And if it walks like a duck it usually is a duck. If that is not the case, then your attitude is her worst enemy and I'd leave the immigration process to others. For her sake, at least.

I found this discussion interesting at first, and then comical, but now I'm just bored with you. You turned a serious question that folks would have been more than happy to assist you with into a farce.

You'll need more than good luck with that now.

17-Jan-10 - Filed K-1

26-Apr-10 - Approved

06-May-10 - Entered POE

24-May-10 - Married

22-Jul-10 - Filed AOS

24-Sep-10 - Biometrics Appointment

18-Nov-10 - Approved

29-Nov-10 - Received Green Card

Link to comment
Share on other sites

Filed: Citizen (apr) Country: Ecuador
Timeline

Three thumbs up for each of Alcheringa's literate, sensible posts in this thread.

06-04-2007 = TSC stamps postal return-receipt for I-129f.

06-11-2007 = NOA1 date (unknown to me).

07-20-2007 = Phoned Immigration Officer; got WAC#; where's NOA1?

09-25-2007 = Touch (first-ever).

09-28-2007 = NOA1, 23 days after their 45-day promise to send it (grrrr).

10-20 & 11-14-2007 = Phoned ImmOffs; "still pending."

12-11-2007 = 180 days; file is "between workstations, may be early Jan."; touches 12/11 & 12/12.

12-18-2007 = Call; file is with Division 9 ofcr. (bckgrnd check); e-prompt to shake it; touch.

12-19-2007 = NOA2 by e-mail & web, dated 12-18-07 (187 days; 201 per VJ); in mail 12/24/07.

01-09-2008 = File from USCIS to NVC, 1-4-08; NVC creates file, 1/15/08; to consulate 1/16/08.

01-23-2008 = Consulate gets file; outdated Packet 4 mailed to fiancee 1/27/08; rec'd 3/3/08.

04-29-2008 = Fiancee's 4-min. consular interview, 8:30 a.m.; much evidence brought but not allowed to be presented (consul: "More proof! Second interview! Bring your fiance!").

05-05-2008 = Infuriating $12 call to non-English-speaking consulate appointment-setter.

05-06-2008 = Better $12 call to English-speaker; "joint" interview date 6/30/08 (my selection).

06-30-2008 = Stokes Interrogations w/Ecuadorian (not USC); "wait 2 weeks; we'll mail her."

07-2008 = Daily calls to DOS: "currently processing"; 8/05 = Phoned consulate, got Section Chief; wrote him.

08-07-08 = E-mail from consulate, promising to issue visa "as soon as we get her passport" (on 8/12, per DHL).

08-27-08 = Phoned consulate (they "couldn't find" our file); visa DHL'd 8/28; in hand 9/1; through POE on 10/9 with NO hassles(!).

Link to comment
Share on other sites

Filed: Citizen (apr) Country: Germany
Timeline

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

I am sorry to say it but an attitude like this might really end up in an immigration dead end for you. You are in a disadvantage when it comes to options that are available for you, that's why it is so important that you know exactly, which options you have.

When it comes to my own immigration process, I would never just trust a friend, no matter how long you have known him or what "pull" he might have.

You made it sound like he either is a total expert in this field or doesn't need to care because of his "connections" and I have to say I don't believe it.

Your "we will cross that bridge when we get there" is not going to work in my opinion. Well, it might if your friend indeed can do some magic but I highly doubt it.

Yes, he might be able to get her a work visa, but will it be one that she can later adjust status from? This is something you need to know BEFORE you start the whole thing because once she is here and it is a dead end, it will be very difficult (not to mention it will take a lot of time and money) to fix mistakes.

So, forget about your "I don't take no for an answer" and "it's gonna be my way or no way" attitude and start listening to the advice you have been given here.

At least, please read all the guides and info about the different visas.

Whether people here do or do not support same-sex relationships, this forum is about immigration and you will be given good advice for the immigration process.

Nadine & Kenneth

Our K-1 journey

02/06/2006 filed 129F

07/01/2007 received visa via "Deutsche Post"

08/27/2006 POE Dallas

->view my complete timeline

AOS, EAD and AP

12/6/2006 filed for AOS & EAD

1/05/2007 AOS transferred to California Service Center

01/16/2008 letter to Congressman

03/27/2008 GREENCARD arrived

ROC

02/02/2010 filed I-751

07/01/20010 Greencard arrived

 

Naturalization

12/08/2021 N-400 filed 

03/15/2022 Interview. Approved after "quality review"

05/11/2022 Oath Ceremony

 

Link to comment
Share on other sites

Filed: Country: Brazil
Timeline

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.

Currently, federal law does not recognize same sex marriage, so no work-to-family based green card adjustment is possible under this scenario. The federal government would not recognize the marriage, and thus they are not considered "family" for the purposes of immigration sponsorship.

I-129F Petition Mailed: 26 Oct 2009 ♥ NOA1: 27 Oct 2009 ♥ NOA2: 15 Jan 2010

K-1 VisaNVC: 22-27 Jan 2010 ♥ RdJ receipt: 1 Feb 2010 ♥ Packet 3/4: 12 Feb 2010 ♥ Interview: 4 May 2010

»-(¯`·.·´¯)-> Married (17 Aug 2010) <-(¯`·.·´¯)-«

AOS (I-485)Mailed: 21 Aug 2010 ♥ NOA: 2 Sept 2010 ♥ To CSC: 20 Sept 2010 ♥ Biometrics: 5 Oct 2010 ♥ RFE: 10 -16 Nov 2010 ♥ Approved: 18 Nov 2010

AP (I-131)Mailed: 21 Aug 2010 ♥ NOA: 2 Sept 2010 ♥ Approved: 20 Oct 2010

EAD (I-765)Mailed: 21 Aug 2010 ♥ NOA: 2 Sept 2010 ♥ Biometrics: 5 Oct 2010 ♥ Approved: 20 Oct 2010

ROC (I-751)Mailed: 6 Nov 2012 ♥ NOA: 7 Nov 2012 ♥ Biometrics: 5 Dec 2012 ♥ Approved: 15 May 2013

Naturalization (N-400)Mailed: 03 August 2015 ♥ NOA: 07 August 2015 ♥ Biometrics: 3 Sept 2015 ♥ Interview: 13 Nov 2015 ♥ Oath: 8 Dec '15

Link to comment
Share on other sites

Filed: Citizen (apr) Country: Nigeria
Timeline

The OP may have a valid relationship but at the moment it is an illegal one. Until the laws change at some unknown future date there is no way that their relationship is the way that the fiance will be able to stay in the US. Not that long before the oldest of us were born it was illegal for blacks and whites to marry in many states and those of us with that type of relationship may have been in the same boat. Times change, but they change slowly.

This will not be over quickly. You will not enjoy this.

Link to comment
Share on other sites

Filed: Timeline

i'm not an expert on this.. i also don't know if this will help..

as u may know it has been a fad in our country (ph) to study in the medical field to get in the states..

that's not my case now.. some had studied nursing and have taken a lot of tests just so they can be eligible to apply for a work visa in the states... we know my country's reputation when it comes to traveling to the states.. so it's basically hard for filipinos to get a tourist visa because mostly illegally resides in the us and hides from the immigration authorities...

so taking up nursing would be too long.. how about a caregiver course perhaps? it takes a couple of months.. i know some people who got in to the states legally by working as a caregiver. it's just an option..

i know that people seem like putting you down.. they just want to help you too. it's basically hard. but i can see that you are really into this. so i think u will somehow find a way.

another thing i could think of would be to study there. but i don't think that will let her stay that long.

and i know she wants to be in a stand up comedy or in the entertainment biz. but maybe she can try the other options to get in to the states then she can start from there. this way, at least, you can be together.

i'm new here but so far most people have been helpful. :help: which is surprising for me coz i know how many people think that filipinos just wants to go abroad.. i, on the other hand, had never dreamed of leaving my country and my hometown. but it's where my beloved chris is and i'm willing to try it out there for him.

but if you're willing to wait then maybe your friend can really do something for her.

just another thought... has your fiance posted something on youtube for her act?

maybe that can help too! if she's really that talented maybe she'll get noticed by a lot of people there and can get in faster.

i can name 2 people from my country that made it thru youtube.. like Arnel Pineda who is now the lead singer of The Journey and Charisse Pempengco who is now being managed by Oprah.

don't expect you to like these ideas though.. :)

smile!! :)

heh...funny you should ask if she has stuff on youtube, yes she does. And is in the process of making more stuff. :) she's very talented, i myself have my own channel for my improv. And your doing fine no worries hon :) *huggles* Oh i know we will defiantly find a way, i feel that in my heart i always have, and for anybody who's doing this you will defiantly find a way of being together if your love is that strong!

I sincerely hope that you find a solution to this predicament. I do think you need to be more receptive to some of the challenges you will face - I know many, many same-sex couples just as determined as you that are now living overseas because there was absolutely no option for them to stay together here. I know many more who don't even have that option. It's heartbreaking and everyone starts off thinking that they can find some way to get through it - it's hard to accept such incredible injustice especially when it keeps you apart from who you love. There are couples together for years and years who have been through every possibility - it is not accurate or fair to assume that they just didn't have the will. Go look through the Immigration Equality website - they have information about all of the options that are available to folks in your situation. I'm truly sorry that our nation refuses you the rights they give other citizens, but this is the current situation and you need to deal with it in a way that isn't just assuming that things will work out just because they should. Good luck and, for real, try to listen to some of the people here who actually have some experience and knowledge in this area. If you don't like what they have to say, go to Immigration Equality - they set up a free consult with a local attorney for friends of mine to help them navigate this.

I do know what challenges lie ahead. currently we've dealt with them from the beggining but it doesnt let us stop us! Any road block, any obstacle, ect we can face together and work through, so im not assuming anything i just know deep down in my heart that things will work out like they are meant to, it maybe a hard road but we will manage and find a way. If we are unable to get married then thats fine too, as long as she's with me one way or another it doesnt matter. i'm not trying to have this "I dont care attitude" in fact its not that, im just taking it one day at a time and whatever comes our way we deal with it then!

What the OP continues to fail to grasp is the unlikelihood of her "fiancé" being granted a work visa for something as uncertain and transparent as "wanting to be a stand-up comic." In its place, she seems to think desire, will and tenacity equate to the tangibility of actual professional credentials. No one is questioning the necessity to keep trying if you want to make it, but that is not grounds for bringing a foreign national into our borders only to potentially slough off the system.

The U.S. is already full of starving and beleaguered native artists whom never make it into the business, funny or not. I do not believe the government finds it in its best interest to also begin importing them.

When you apply for a work visa, you must declare an employer, i.e. steady source of work. Stand-up comics travel around their home-cities, home-states, and the country, living wherever they must, doing gigs, and hoping they break through. That's actually quite fine for USC's, but do you really think the USCIS or DoS would condone allowing a foreign national to come do so? I think not.

That's the equivalent of saying someone "sings really good," and wants to come to the U.S. to give the business a "shot." But they've had no demonstrable success in their home country, and cannot provide any proof of excellence that would make it clear that their profession is already established and one could expect a reasonable continuation of it in the U.S.

She isn't applying for American Idol! It's a visa to enter the U.S.! Stop berating posts for not supporting your "feelings" and what you think she is capable of. All that the system is interested in is what she has already done, and if that translates to actual work directly upon arrival in the U.S.

Again, third-party love is not a variable in obtaining a work visa for someone that is being sponsored by someone else entirely. Wanting that individual in the U.S. is not a right that can be demanded. And suggesting that a foreign national is "really so funny that she makes my face hurt" as sufficient evidence substantiating a legal work permit is just plain absurd.

When we speak of work visas we mean steady occupations one can rely upon. Nurse. Medical doctor. Attorney. Accountant. Engineer. Scientist. Something verifiable and substantial. They pre-arrange an employer, and then show up and start working. Not someone that "would make a really good accountant," and then shows up at a POE with a heart full of dreams.

I saw an episode of some real-T.V. show about Homeland Security, and a young European girl showed up in JFK Intl. with no visa, no employer, no contacts, and a large bag of belly dancing clothes. It was clear to the authorities that her desire to belly dance was not sufficient grounds for entry. Even though she seemed very flexible, and was in fact talented. But that is how individuals end up falling under that radar, skirting the control of immigration, and becoming illegal aliens; or, worse yet, fall prey to people will ill-intent. So they turned her back around and shipped her home.

Not that your friend would, but her situation is little more substantial than this young girl's. Sure, if your "connections" land her a stable job at a comedy house then you may be able to pass that off. But your portrayal makes it sound a bit more flimsy than that. And if it walks like a duck it usually is a duck. If that is not the case, then your attitude is her worst enemy and I'd leave the immigration process to others. For her sake, at least.

I found this discussion interesting at first, and then comical, but now I'm just bored with you. You turned a serious question that folks would have been more than happy to assist you with into a farce.

You'll need more than good luck with that now.

and im bored with you so there and it is a serious question, cause i've given all the information that i can what the hell else do you want me to do??? And for crying out loud how the hell do you think all the other people that came from different countries became actors, actresses, models, stand up comics, ect and now live in the states??? hmm? They somehow made it through i'm willing to bet you that 80% of the people in hollywood are not from the US originally and most of them probably had help with getting in. And wow you sound like a parent with "steady occupations one can rely upon. Nurse. Medical doctor. Attorney. Accountant. Engineer. Scientist. Something verifiable and substantial" thats bull! i'm sorry but thats not for everybody especially if you have a gift for making people laugh, can sing really well, can act really well, i suppose everybody who's in the business according to you should have went for being a doctor? It's that kind of attitude that makes people think that shooting for your dreams and what your meant to do is impossible so they stop doing it. It's not impossible at all, if you want something bad enough you yourself have to work hard at it and it will happen.

I am sorry to say it but an attitude like this might really end up in an immigration dead end for you. You are in a disadvantage when it comes to options that are available for you, that's why it is so important that you know exactly, which options you have.

When it comes to my own immigration process, I would never just trust a friend, no matter how long you have known him or what "pull" he might have.

You made it sound like he either is a total expert in this field or doesn't need to care because of his "connections" and I have to say I don't believe it.

Your "we will cross that bridge when we get there" is not going to work in my opinion. Well, it might if your friend indeed can do some magic but I highly doubt it.

Yes, he might be able to get her a work visa, but will it be one that she can later adjust status from? This is something you need to know BEFORE you start the whole thing because once she is here and it is a dead end, it will be very difficult (not to mention it will take a lot of time and money) to fix mistakes.

So, forget about your "I don't take no for an answer" and "it's gonna be my way or no way" attitude and start listening to the advice you have been given here.

At least, please read all the guides and info about the different visas.

Whether people here do or do not support same-sex relationships, this forum is about immigration and you will be given good advice for the immigration process.

I know and i am listening!! And i'm taking some people's advice more then you think i am and discussing it with her, I am! I'm not having any kind of attitude ya'll ask me things and i'm answering the best way i can, i know i have a wait and see attitude that nobody here probably likes but if i constantly stress over what were gonna do next im gonna be a mess, i have to have this attitude or else i'm gonna drive myself crazy. eventually at some point we will talk to the right people and make phone calls, at the moment certain things have been brought up(not gonna get into it here) and we cant at the moment, but we will! But we are discussing mostly everybodys opinions to the fullest extent!

Link to comment
Share on other sites

 
Didn't find the answer you were looking for? Ask our VJ Immigration Lawyers.

Create an account or sign in to comment

You need to be a member in order to leave a comment

Create an account

Sign up for a new account in our community. It's easy!

Register a new account

Sign in

Already have an account? Sign in here.

Sign In Now
- Back to Top -

Important Disclaimer: Please read carefully the Visajourney.com Terms of Service. If you do not agree to the Terms of Service you should not access or view any page (including this page) on VisaJourney.com. Answers and comments provided on Visajourney.com Forums are general information, and are not intended to substitute for informed professional medical, psychiatric, psychological, tax, legal, investment, accounting, or other professional advice. Visajourney.com does not endorse, and expressly disclaims liability for any product, manufacturer, distributor, service or service provider mentioned or any opinion expressed in answers or comments. VisaJourney.com does not condone immigration fraud in any way, shape or manner. VisaJourney.com recommends that if any member or user knows directly of someone involved in fraudulent or illegal activity, that they report such activity directly to the Department of Homeland Security, Immigration and Customs Enforcement. You can contact ICE via email at Immigration.Reply@dhs.gov or you can telephone ICE at 1-866-347-2423. All reported threads/posts containing reference to immigration fraud or illegal activities will be removed from this board. If you feel that you have found inappropriate content, please let us know by contacting us here with a url link to that content. Thank you.
×
×
  • Create New...