No Where To Turn!

[BtBedway 0]

Greetings everyone! This is actually the first forum I have ever signed up for! I have always considered postings on forums for purely entertained or general information purposes. Honestly I have never taken them seriously. However...

Something has come up in my life that has taken me completely off guard. Something exciting, something scary, but something worth fighting. For this reason I have joined VisaJourney. I am looking for anyone who can help me with getting the girl that I love here to America. She is a German citizen who came to America for one year as an Au Pair. She is a high school graduate in her country and has attended some college but has no degree. We haven't been together long enough to get married, but long enough to hate being apart. Right now she is trying to work in this country and attend college so we can be together. If anyone has any information on what kind of Visa would best help us, or any other suggestions or advice, I would be eternally grateful! This stuff... Is very complicated... and I have "no where to turn!" :-(

Thank you and its a pleasure to be here!

Brian

[SimplyMacy 4]

Hello Brian! Welcome to Visa Journey! If you have no intention to marry her now or very soon and she's planning to study, i think a student visa maybe? It may sound fraud technically. I am not sure. Other members shall offer you a better answer. Goodluck!

[Elostuart 0]

Hi Brian,

I am Brazilian and my fiance is American, I am in the k1 visa process that is the visa of bride. I'll explain to you some things and see if I can help you. There are two ways that you can do, go with the K1 visa application, the visa is for her to get married in the United States, who took legal action as you are U.S. citizen, attached all required documentation and send it to USCIS, the process takes a time until four months after the procedure will ready for her country and she will have to attach other documents to bring in the interview she has to wait the pocess at home ... the whole process from the entrance to her interview last 6 months. after all she has done six months to move to the United States and you guys have to get married 90 days from the date of entry. The other is the visa k3 visa marriage, you home in her home country, you return to the United States and entry into the process and she is waiting at home .. be scheduled until the interview, the time of k3 is the same time of K1. I have helped you, good luck to you both.

[Operator 1,927]

Greetings everyone! This is actually the first forum I have ever signed up for! I have always considered postings on forums for purely entertained or general information purposes. Honestly I have never taken them seriously. However...

Something has come up in my life that has taken me completely off guard. Something exciting, something scary, but something worth fighting. For this reason I have joined VisaJourney. I am looking for anyone who can help me with getting the girl that I love here to America. She is a German citizen who came to America for one year as an Au Pair. She is a high school graduate in her country and has attended some college but has no degree. We haven't been together long enough to get married, but long enough to hate being apart. Right now she is trying to work in this country and attend college so we can be together. If anyone has any information on what kind of Visa would best help us, or any other suggestions or advice, I would be eternally grateful! This stuff... Is very complicated... and I have "no where to turn!" :-(

Thank you and its a pleasure to be here!

Brian

Since Germany is a VWP country would it be possible for her to attend school and while doing so the two of you could spend time together ? I don't think you can adjust that type of visa status but it may allow for the two of you to spend more time together to decide if you want to get married and then possibly go the K-1 route.

I'm sure some veteran has a much better idea.

Good luck

[Nik+Heather 121]

If you're not ready to get married, then the next easiest thing is the student visa. A good resource for you might be the local university that she wants to attend. There may be some people on here who did the student visas, but mostly we focus on family based (marriage required!) immigration.

Without the student visa (or something else? Extension of Au Pair, maybe?), the two of you would have to use the VWP back and forth until you're ready to make a more legal commitment to one another.

[Fandango 1,439]

Hi Brian,

As this is a family based immigration site, the majority of posters have experience in marriage petitions, or petitions of family members. If you do not have plans to marry, I'd suggest finding a student visa website, as that is probs your best bet.

[Boiler 45,525]

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 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 invest, or half that in certain areas (plus whatever you will need to live). Your background will be investigated. This is also known as 'investor for alien entrepreneur'. This will give you a 2 year conditional green card, After a 2 year conditional green card you can apply to USCIS to have your conditions removed to be an unconditional permanent resident. Search for EB-5.

[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"