Possible ways to get visa for US... very confused.

[dammitjay 0]

Ok so here is our situation.

I am an American, my girlfriend is Canadian. She has a Bachelor's Degree in International Relations and also a graduate certificate in Web Development. I am looking for a full-time job in the US but I don't want to accept one if she can't even come over here. The goal would be for her to work as well. Now we have a few different options to flush out. I want to know if either of these are possibilities.

So basically she is a web designer who can be self-employed and is basically operating her own company. Are there any options for setting up a business (other than ones where you have to create jobs for Americans, etc...)? Are there any options that allow her to be self-employed at all?

Another possibility is that my father has a company that he is interested in having a website built and maintained. This fits her skill set. I just don't know if it fits the criteria for specialty occupation or anything like that. Basically it seems like if there is a US citizen who can do it then his company couldn't hire a Canadian. Is that accurate? Are there any paths we could pursue in this direction?

We've been together for 3 years, including living in Australia together for a year. Am I correct that there are no such common law visas like there are in Canada.

The thing that complicates it even further is that we don't have the intention of getting married, or at least not anytime soon. We also like to travel a lot and don't necessarily want to end up in the US permanently (but perhaps for a couple of years... depending on my job that I get). It just doesn't seem like there are all that many options for people like us. I've been researching it for so long now, and just feel like I've reached as far as I can go. And the US Immigration site is horrible. Does anyone see any options for us???

[Tim/Mav 305]

Ok so here is our situation.

I am an American, my girlfriend is Canadian. She has a Bachelor's Degree in International Relations and also a graduate certificate in Web Development. I am looking for a full-time job in the US but I don't want to accept one if she can't even come over here. The goal would be for her to work as well. Now we have a few different options to flush out. I want to know if either of these are possibilities.

So basically she is a web designer who can be self-employed and is basically operating her own company. Are there any options for setting up a business (other than ones where you have to create jobs for Americans, etc...)? Are there any options that allow her to be self-employed at all?

Another possibility is that my father has a company that he is interested in having a website built and maintained. This fits her skill set. I just don't know if it fits the criteria for specialty occupation or anything like that. Basically it seems like if there is a US citizen who can do it then his company couldn't hire a Canadian. Is that accurate? Are there any paths we could pursue in this direction?

We've been together for 3 years, including living in Australia together for a year. Am I correct that there are no such common law visas like there are in Canada.

The thing that complicates it even further is that we don't have the intention of getting married, or at least not anytime soon. We also like to travel a lot and don't necessarily want to end up in the US permanently (but perhaps for a couple of years... depending on my job that I get). It just doesn't seem like there are all that many options for people like us. I've been researching it for so long now, and just feel like I've reached as far as I can go. And the US Immigration site is horrible. Does anyone see any options for us???

There is No Plan here. Not to File for Anything. If the intention is not to Marry or even Petition for a K-1. You Stated: I don't have a job but she does. (That don't matter what the beneficiary makes) Still, it don't apply to you since there is No Intention of Marridge or Filing.

The reason the USCIS website is not helpfull is because it not designed for people who want to drink the milk but not buy the Cow.

Her Option the way I see is to Search for work in the US and apply for a Work Visa after finding a US Sponsor for Employment.

Others can Add. There is No Such Thing as Commom Law when it comes to Immigration best I know.

[Colleens 40]

You are correct about the work visa and having your father employ her. A work visa will not be issued unless they can not find an american that is qualified to do the job.

As for a relationship type visa you only have 2 options. A K-1 fiance(e) visa or a CR-1 spousal visa. A K-1 requires the american citizen to send in a petition (i-129f) to USCIS. Once that is approved the foreign party can apply for the visa. Once the visa is approved and issue, you have 6 months to move to the US. Once in the US you have 90 days in which to get married. After marriage you must apply for adjustment of status (AOS) to get your work authorization and conditional green card. The petition/visa process runs in the 9-12 month range, then another 3-6 month to recieve your green card (once you apply for AOS).

The CR-1 visa requires that you are married first. Again you petition USCIS to bring your spouse to the US, then he/she applies for the Visa. The time frame is a little closer to 12months, but you get your greencard right away (no applying and waiting for AOS once you get to the US).

The only other option you may look into is a student visa and go back to school, but she would not be able to work. And since it is a non-immigrant visa she would have to return to Canada once her study time is up.

And if you go through all of this and decide to move abroad, she will not retain her US permanenat residency.

Unfortunately there are not a lot of options available to you in your situation.

[Anh map 2,098]

Ok so here is our situation.

I am an American, my girlfriend is Canadian. She has a Bachelor's Degree in International Relations and also a graduate certificate in Web Development. I am looking for a full-time job in the US but I don't want to accept one if she can't even come over here. The goal would be for her to work as well. Now we have a few different options to flush out. I want to know if either of these are possibilities.

So basically she is a web designer who can be self-employed and is basically operating her own company. Are there any options for setting up a business (other than ones where you have to create jobs for Americans, etc...)? Are there any options that allow her to be self-employed at all?

Another possibility is that my father has a company that he is interested in having a website built and maintained. This fits her skill set. I just don't know if it fits the criteria for specialty occupation or anything like that. Basically it seems like if there is a US citizen who can do it then his company couldn't hire a Canadian. Is that accurate? Are there any paths we could pursue in this direction?

We've been together for 3 years, including living in Australia together for a year. Am I correct that there are no such common law visas like there are in Canada.

The thing that complicates it even further is that we don't have the intention of getting married, or at least not anytime soon. We also like to travel a lot and don't necessarily want to end up in the US permanently (but perhaps for a couple of years... depending on my job that I get). It just doesn't seem like there are all that many options for people like us. I've been researching it for so long now, and just feel like I've reached as far as I can go. And the US Immigration site is horrible. Does anyone see any options for us???

For the circumstances that you lay out there is no way for her to immigrate. She can certainly come and visit you often. And probably work remotely when she's here.

Dad's company would have to pay for her visa application and demonstrate that they cannot find someone to do that work that is currently authorized to work in the US. From what you say that is unlikely. Lots of web designers here.

The USCIS site has lots of great information. Unfortunately it doesn't have a visa for what you want.

[Darnell 8,479]

She could file for Entrepreneur visa , or come over on a TN-1 visa.

Be certain you understand the requirements of both.

[dammitjay 0]

Thanks for all the replies and help.

This is what we figured that there weren't many options.

Thanks again.

[Udella&Wiz 325]

It's a rough go sometimes - there aren't any options other then visiting for couples who aren't getting married (eiteehr sooner or later). My husband and I were together 2 years and we realized something had to give if we planned on living together, we were eventually getting married anyway, but we probably hurried that up a little so that we weren't in limbo forever.

While your girlfriend sounds well educated in an employable field, being a web designer is a pretty common IT job so no way that's going to qualify as anything special under a TN VISA.

Knowing your options will hopefully help you make a decision about how to handle the future