Overwhelmed By H-1B Visa Info, Need Clarification Please

[you&meWE 0]

Hello all....

I am new to the website as of today.

I guess to start off with an intro....My name is Jess and my fiance's name is Scott. I'm from Atlanta, GA and he's from London. We have been together for 3 1/2 years and just got engaged this past Sunday before he left to go back home to London again.

We know we aren't in a financial state to get married just yet or start applying for a spousal visa and we don't want to pay for a fiance visa and then a spousal visa on top of that once we are married so we were wanting to get him over here on a H-1B visa to work for a year or so ultimately so we can work and save money and live together to save up for our wedding and his visa.

He has a very good job opportunity in the auto field that he is coming back for a working interview in about 2 months time.

From some of the information I've read and gathered over the last few months and weeks I'm feeling mildly overwhelmed and would love some perspective/help understanding what we are getting into here.

From what I've read he has to meet a certain set of requirements to get a work visa and the field he works in doesn't seem to be 'considered' for requirement.

I don't want to waste their time and ours if he comes over, interviews, and gets the job and then it turns out they can't actually give him the work visa.

He has 12 years of work experience in his field at the same job so that speaks for something in their requirements, but I just have a little bit of a hard time making sense of the policies....I'm assuming that might be the case for not just me, but others as well, which is why I'm reaching out and pleading for help!

I just wanna make sure we are doing the right thing for our situation. I have so many more questions to ask, but I guess this is a decent starting point.

My head is swimming right now. Can anyone offer up some sage advice?

Many thanks in advance.

[Saddle Bronc 124]

Some clarifications, Jess.

• Spousal visa (K-3, CR-1, ...) and fiance(e) visa (K-1) are two mutually-exclusive streams. You do not file for a spousal visa after the K-1, but can file AOS (I-485 packet) directly
• If the employer can "tweak" the job-title to fit H1-b requirements (this is quite commonplace) for the visa, and pay $1,000 LCA fee (this fee is H1-b-specific), the US Embassy in London is likely to grant the visa

Yeh, H1-b (as well as other temp visas including TN-1) requirements are confusing, you're not the only one who has difficulty understanding.

[Operator 1,927]

Hi Jess,

Does the perspective employer know that he will need the H1-b? You mentioned that you didn't want to "waist their time".

[you&meWE 0]

Some clarifications, Jess.

•Spousal visa (K-3, CR-1, ...) and fiance(e) visa (K-1) are two mutually-exclusive streams. You do not file for a spousal visa after the K-1, but can file AOS (I-485 packet) directly•If the employer can "tweak" the job-title to fit H1-b requirements (this is quite commonplace) for the visa, and pay $1,000 LCA fee (this fee is H1-b-specific), the US Embassy in London is likely to grant the visa

Yeh, H1-b (as well as other temp visas including TN-1) requirements are confusing, you're not the only one who has difficulty understanding.

So, just to clarify if we did the fiance visa we'd only have to file AOS once we're married?

Wouldn't he have to go back home after we were married? Or would he be able to stay here through the whole process?

Also, wouldn't I have to prove sufficient funds to support us both if he came over on a fiance visa cos he wouldn't legally be able to work yet correct?

If this is the case this would be why we were trying to go with the H1-B visa.

His job involves auto body painting, prepping, and detailing, is that considered an H1-B requirement job and did I overlook it?

Thank you!

Hi Jess,

Does the perspective employer know that he will need the H1-b? You mentioned that you didn't want to "waist their time".

Yes, they do know. We met with them this past Wednesday and explained our situation, experience is on his side, and they are really really interesting in taking him on as a part of their team. I am just concerend after reading up on some stuff this morning that his official job title won't meet H1-B visa requirements and he'd get denied thus wasting our time and the potential employers time.

[Boiler 45,757]

The BIG advantage of the H1B is that he does not have to do much. Just turns up for the Interviews.

The paper work is dealt with by the employer and their Immigration Lawyers. Has he spoken to the Lawyer?

[Penguin_ie 5,995]

So, just to clarify if we did the fiance visa we'd only have to file AOS once we're married?

Wouldn't he have to go back home after we were married? Or would he be able to stay here through the whole process?

Also, wouldn't I have to prove sufficient funds to support us both if he came over on a fiance visa cos he wouldn't legally be able to work yet correct?

Yes, with a K1 fiance visa you'd need to get legally married within 90 days of him arriving in the USA, then file for AOS. He could not leave the country until he gets the greencard or Advance Parole. You need to prove sufficient funds for both the K1 and the CR-1 spousal visa. It's about $18'400 income per year if you have no kids, or you can get a co-sponsor (friend, family member). Have a look at the Guides here, they explain everything very well: http://www.visajourney.com/content/guides

[you&meWE 0]

Yes, with a K1 fiance visa you'd need to get legally married within 90 days of him arriving in the USA, then file for AOS. He could not leave the country until he gets the greencard or Advance Parole. You need to prove sufficient funds for both the K1 and the CR-1 spousal visa. It's about $18'400 income per year if you have no kids, or you can get a co-sponsor (friend, family member). Have a look at the Guides here, they explain everything very well: http://www.visajourney.com/content/guides

Many, many, MANY thanks! Perhaps doing the H1-B visa won't prove as difficult as I thought. Silver linging after all? Methinks so.....

[gigi_a 0]

Hello all....

I am new to the website as of today.

I guess to start off with an intro....My name is Jess and my fiance's name is Scott. I'm from Atlanta, GA and he's from London. We have been together for 3 1/2 years and just got engaged this past Sunday before he left to go back home to London again.

We know we aren't in a financial state to get married just yet or start applying for a spousal visa and we don't want to pay for a fiance visa and then a spousal visa on top of that once we are married so we were wanting to get him over here on a H-1B visa to work for a year or so ultimately so we can work and save money and live together to save up for our wedding and his visa.

He has a very good job opportunity in the auto field that he is coming back for a working interview in about 2 months time.

From some of the information I've read and gathered over the last few months and weeks I'm feeling mildly overwhelmed and would love some perspective/help understanding what we are getting into here.

From what I've read he has to meet a certain set of requirements to get a work visa and the field he works in doesn't seem to be 'considered' for requirement.

I don't want to waste their time and ours if he comes over, interviews, and gets the job and then it turns out they can't actually give him the work visa.

He has 12 years of work experience in his field at the same job so that speaks for something in their requirements, but I just have a little bit of a hard time making sense of the policies....I'm assuming that might be the case for not just me, but others as well, which is why I'm reaching out and pleading for help!

I just wanna make sure we are doing the right thing for our situation. I have so many more questions to ask, but I guess this is a decent starting point.

My head is swimming right now. Can anyone offer up some sage advice?

Many thanks in advance.

1. H1B is a specialty occupation visa which requires the non-immigrant to have at least a bachelors degree in the field he has obtained a job and the company to present evidence that they can not use local labor for the position-non well trained, etc. They need to be willing to pay him prevailing wage too. So there is th #1 requirement for you.

2. Not all employers want to go through all the paperwork and FEES and you have to make sure they are willing to do it. There are a lot of requirements as far as the firm is concerned (labor certificates, audited financial statements and a fee depending on the size of the company ($750-1500) that they will need to pay plus all the expenses for the application and fraud fee.)

3. If you think you are not in financial condition to get married and go through that process wait until you look at the amount of work and fees involved with H1B. My process toped $4000. Luckily my employer was willing to take care of that but there are some employers who will want you to do it yourself.

It is doable but I would really suggest looking into getting married since you are planing to do so anyways and going at it that way :}

Edited June 8, 2011 by gigi_a

[liveinusa 0]

You probably not talking about a car dealership, I'd be a little surprised to hear a car dealership can apply H1B for you.

The one I tried, long story short, stop-right-there.

However, I don't have 12 years of experience and I'm not from England.

Know your cards, play well, good luck to you and your fiance.

[you&meWE 0]

Nevermind I answered my own question....ha

Edited June 15, 2011 by Jhutchee

[kzielu 1,149]

No once you enter US and get married, all you need to is AOS (Adjustment of Status). See guides (link at the top of the website).