dual intent visa options

[Frank_kay 0]

Hi,

I am the Australian spouse of a LPR (permanent resident) I am depressed by the significantly long wait periods for a visa (as per visa bulletin) and am looking at various options, such as visas that allow dual intent. I most likely would not get the H1B as I have a degree but do not think I am specialized/experienced enough to obtain a H1B and am not aware of any other dual intent visa apart from HIB

I also work as a glamor model and musician and have appeared in magazine spreads in Australia as well as a recent cover. Would these things be enough evidence to enable me to obtain an entertainers visa?

What other visas are dual intent which would enable me to be present/working in the US while waiting for my greencard? and there requirements? Such as investor visa, entertainer visa etc

Thank you SO much for any help

Edited March 15, 2011 by Frank_kay

[VanessaTony 3,567]

Have you looked into the E3 visa? http://en.wikipedia.org/wiki/E-3_visa or the USCIS site here: http://www.uscis.gov/portal/site/uscis/menuitem.eb1d4c2a3e5b9ac89243c6a7543f6d1a/?vgnextoid=71256811264a3210VgnVCM100000b92ca60aRCRD&vgnextchannel=71256811264a3210VgnVCM100000b92ca60aRCRD

The Wiki site says this:

Although INA § 101(a)(15)(E) requires that all E nonimmigrants maintain an intention to depart the United States upon expiration of their authorized E stay, the guidelines [2] issued by the USCIS state that applications for E classification, including extensions or change of status, cannot be denied solely on the basis of an approved permanent labor certification or pending or approved immigrant visa petition. Therefore, immigrant intent should not be a bar to eligibility for E-3 classification.

So perhaps this is an option for you? I don't know enough about your personal situation but you're Aussie so that's one thing going for you

[Frank_kay 0]

Yeah I started looking into the E3 but two lawyers old me it's not a good idea with a pending I130. I guess it possibly IS doable but the likelihood of denial is quite high in the current economy.

I think a year in Canada is looking like my best option!!

[Harsh_77 718]

For that sake, any visa would be difficult for you.

Does not matter E3 or entainter visa when it comes to interview part you will have tough time being married to LPR and your I-130 in process.

[Boiler 45,758]

Might want to look at an O1 Visa.

[Harsh_77 718]

Might want to look at an O1 Visa.

Can anyone get O1 when they are married to LPR and have filled for immigration?

[Boiler 45,758]

Not quite as clear cut, but there is very strong evidence to suggest O1 is dual intent.

[Harsh_77 718]

Not quite as clear cut, but there is very strong evidence to suggest O1 is dual intent.

Hmm yea intent part is ok, but when you are married to LPR they know you are applying visa to bypass your current dates for the category.

It would make it extremely difficult to get any visa when you are married to an LPR.

I can tell you for India mainly for the arrange marriage part, when one side would know the other one is on LPR means that marriage was not happening.

Since LPR does not have right same as citizen to bring their spouse and USCIS can take its sweet time.