work vs student visa

[Agar1980 0]

I am an American citizen and met my partner on a trip to Europe last year. Although living in Finland, he's been working for an American company based Los Angeles for the past 2 years. Though he gets stellar job performance reviews, Human Resources is not budging when it comes to transferring, relocating, or consideration for promotions simply for the fact he's in another country.

He already has 2 Master's Degrees and instead is contemplating applying for a student visa even at a junior college. Would this option prove more fruitful than the employer route? Naturally, since I was born here, I don't know the first thing about dealing with immigration issues. Therefore would appreciate any advice as to pros & cons of procedures that could put us toward the right direction in uniting us.

[Boiler 45,797]

Why on earth would he want to go to Junior College in the US?

[Anh map 2,098]

Is this is a same sex relationship? If not, the simplest way is to marry and petition for a spouse visa.

The student visa process will involve lying to the consular office. Which can result in a lifetime ban. You must decide if this is worth the risk.

[canadian_wife 1,826]

2 masters degrees and applying to a junior collegs sounds fishy to me, if it sounds fishy to me it will certainly sound fishy to a CO

Good luck

[Agar1980 0]

Well see, this is good feedback. Since I'm a naive American, I had no clue that applying to a junior college would look fishy in their eyes. I received my MFA 5 years ago and this past summer decided to enroll into a community college just to brush up on my French. Despite the ease in nonchalantly taking a course below my educational level, I guess it works differently for foreigners. Is this what the lying reference was pertaining to? I didn't even know one would have to lie...about what? This was only mentioned because we figured it could be the most affordable tuition fees for an international student.

We are a same-sex couple, hence the reason we're exploring other legal methods that could prove more effective...whether continuing his studies or keep pressing with his company.

Edited October 25, 2011 by Agar1980

[Jojo92122 1,924]

A student visa would only be a short term fix. It's unusual for a foreigner with two masters to go through the expense of coming to the US to attend a community college. Even if he gets a student visa, he would only be able to stay for two years to get his associate degree. In addition, a foreign student cannot work the first year and can only work on campus afterwards. How would your boyfriend support himself?

A work visa is hard in this economy. Your boyfriend would need to find an employer who would go through the expense to apply for a work visa on his behalf. The employer would also have to advertise the position and get a Dept. of Labor certification that no US worker qualifies or is available for the job. Not an easy task in this economy.

Unfortunately, the Defense of Marriage Act (DOMA) prevents you from petitioning for your boyfriend.

[Agar1980 0]

Yes, this is why I never considered petitioning on his behalf as an option. I imagine even the temporary fix of a 2 year stay would be better than the current arrangement we have. After that time, we'd be happy to look forward to future options, whether it's an employer, DOMA getting repealed (which seems unlikely), or me moving with him back to Europe.

During that time of not being allowed to work, I'd be able to provide for the both of us. Secondly, he currently works for an American company based in my city. Therefore am hoping that once he's settled here, his job will be a little more prone to sponsor him. At the moment, I believe what's holding them back is the nightmare of relocating. Their trepidation is the reason we are looking for other ways of realizing this plan...i.e. school.

I have a friend from Lithuania who managed to get Starbucks to vouch for his barista position. I wonder how they explained that one to the dept. of Labor haha. Then again, that was 10 years ago.

[Boiler 45,797]

Why would relocating be an issue for them?

[NevermindVz 51]

In this economy, a work visa will be harder to get than a student visa (especially if he's applying for a job from abroad). He can apply for a third master's degree. That will give him 1-2 years here (or whatever the program length is). Maybe he can even get one extra year of OPT after graduating (I'm not sure about the conditions for this though).

While studying, or after graduating, he may try to apply for a work visa, i.e., get a company to hire him. His status will be then dependent on that company (if he's laid off or fired, he becomes out of status). He could try to apply for a green card through this company. But again, in this economy, that won't be easy either.

Keep researching and good luck!

[JimEx 0]

two master degrees... and junior college sounds fishy to me too...

[MalaysianGirl 26]

Personally, I am not sure why it's strange in the US to want to study in a community college even with two Master's Degrees... Maybe the field of study in the community college is vastly different from whatever he/she has studied before?

If I had one Master's Degree in Physics and another in Chemistry, but I wanted to study Linguistics and be certified for that, I'd opt for a community college. That's what I'd do here in my home country.

[Bsze 50]

Yeah, but a community college in a different country? We're not doubting the OP's partner's intentions, but a CO will question his motives because it's their job to do so. Why would someone so qualified return to school in a US community college? If it's to pursue an entirely different field, why not another masters or PhD? And why not in his home country?

[Boiler 45,797]

Actually we know the motives, something that presumably they would want to hide if applying for a visa.

[NancyNguyen 1,657]

Well I guess he wants to study for a budget Apply for a PhD is way making senses to me...

[MalaysianGirl 26]

Yeah, but a community college in a different country? We're not doubting the OP's partner's intentions, but a CO will question his motives because it's their job to do so. Why would someone so qualified return to school in a US community college? If it's to pursue an entirely different field, why not another masters or PhD? And why not in his home country?

Are you asking me? If yes, it's a good thing I checked this thread again.

I see no harm in a community college in a different country, but eh, that's just me. Ha. BUT if it's to pursue an entirely different field, how can one go right into another Masters? You think it's THAT easy? From, say, a Master's Degree in Chemistry to Master's Degree in Linguistics? Or vice versa?

Edited November 12, 2011 by MalaysianGirl