EB5 Immigration and Girlfriend Dilemma

[JasonSmith1980 0]

Hi Everyone,

I am really hoping there is a solution for my problem below and any help would be so grateful!

I am from the UK and have been going to the USA 3 times a year for the last 16 years! I have decided to do the EB5 Visa. I can either do the $500K Investment or the $1 Million Dollar Investment for this EB5.

Although the investment is not the problem, the problem I have is how do I get my girlfriend who I have been with for over 3 years there. She is more than eager to also go as she to has been visiting and in love with the states for the last 10 years.

How do I get her either a green card or at least the legal rights to stay with me for 2 years in the USA until we get married? Can she jointly do an EB5 investment with me, which I pay the money for? Or if I start a business in the USA can she get a 6 month tourist visa and then within that 6 months I sponser her to stay fully employed by me in my company?

Appreciate any help or advice. It the only thing stopping me progressing with our future together and without being apart.

Jason

[Penguin_ie 5,993]

**** Moving from Effects of Major Changes to Work Visa forum as most suited to the question ****

Any reason why you cannot get married now?

You can only sponsor her for a work visa if shge either has specialised skills (H1B) or already works in your company and she does an intra-company transfer (L1).

[jaycali 415]

Hi Everyone,I am really hoping there is a solution for my problem below and any help would be so grateful!I am from the UK and have been going to the USA 3 times a year for the last 16 years! I have decided to do the EB5 Visa. I can either do the $500K Investment or the $1 Million Dollar Investment for this EB5. Although the investment is not the problem, the problem I have is how do I get my girlfriend who I have been with for over 3 years there. She is more than eager to also go as she to has been visiting and in love with the states for the last 10 years.How do I get her either a green card or at least the legal rights to stay with me for 2 years in the USA until we get married? Can she jointly do an EB5 investment with me, which I pay the money for? Or if I start a business in the USA can she get a 6 month tourist visa and then within that 6 months I sponser her to stay fully employed by me in my company?Appreciate any help or advice. It the only thing stopping me progressing with our future together and without being apart.Jason

As Penguin said, the easiest, most hassle-free way of doing it would be to get married now. That's the only way she can join you on your visa. If the relationship is real, and you plan to get married anyway, now is the time to consider it. It's fully legal to take immigration status into account when getting married, as long the relationship/marriage itself is based on love and not solely a visa.

If you do decide not to do it now, she can join you on a 6 month tourist visa, but you cannot use this with the intent to adjust once those 6 months are up. As far as work goes, she can only work for your company if she gets an H-1b visa or an L-1.

For an H-1b, she'll need to have specialized skills (a bachelor's degree at least) and you have to show you can't hire an American or LPR to do the same job. For the L-1 (intracompany transfer) she'd have to be working for your company in the UK already, and you can then transfer her if she's in i.e. a managerial position.

She may or may not also have a more difficult time to get a visa later on given that her boyfriend is an LPR.

Edited April 1, 2012 by jaejayC

[Delta5 9]

Hi Everyone,

I am really hoping there is a solution for my problem below and any help would be so grateful!

I am from the UK and have been going to the USA 3 times a year for the last 16 years! I have decided to do the EB5 Visa. I can either do the $500K Investment or the $1 Million Dollar Investment for this EB5.

Although the investment is not the problem, the problem I have is how do I get my girlfriend who I have been with for over 3 years there. She is more than eager to also go as she to has been visiting and in love with the states for the last 10 years.

How do I get her either a green card or at least the legal rights to stay with me for 2 years in the USA until we get married? Can she jointly do an EB5 investment with me, which I pay the money for? Or if I start a business in the USA can she get a 6 month tourist visa and then within that 6 months I sponser her to stay fully employed by me in my company?

Appreciate any help or advice. It the only thing stopping me progressing with our future together and without being apart.

Jason

Let me try answering your last question first. I'm afraid you would not be able to sponsor your girlfriend to be fully employed if you are ever to be approved on the Eb-5 category investor visa. First, if she comes in on a visitors visa or even on a VWP for the purpose of getting a position in your company or any kind of business ventures, the USCIS will look at it as misrepresentation of her visa and probably would not be allowed to adjust status to any kind of work visa, whether its an immigrant or a non immigrant one.

Second, it is also not possible to hire her on any kind of work visa for at least a couple years, because one of the requirement of the investor visa is hiring only qualified US citizen or legal permanent residents (10 or more) for the company. Remember, you will first get a conditional GC once approved and not the 10 year one, basically to see if you are able to fulfill all the requirements of the EB-5 category. Now, once you transition to a 10 year GC, then I believe you will be able to hire your girlfriend, if she is qualified under the immigration rule for a petition of a work visa.

To your second question; Yes, she can join you for the application. However, each investor applying for the classification must meet the requirements for the Eb-5 separately, like for example the required minimum investment must be separate for each individual investor. This is basically saying "No piggy backing on the EB-5 category, unless its family". Remember, all your financial documentation, taxes (both current and past), all assets, business ventures and other essential info are subject to examination before approval to make sure everything are in the up and up, of which also applies to your girlfriend, if you decide to include her into this process as a co-investor. She must have a separate history of financial capability to invest.

To your first question; Again, I'm afraid only a spouse and children are allowed to be a derivative beneficiary under the Eb-5 category. A marriage has to occur before the application in order to include the beneficiary spouse in the said immigrant category.

[Boiler 45,314]

Get Married now.

[Harsh_77 716]

If EB 5 is already filed then getting married right now would not work either.

Depends on where your EB5 is getting married would work or not.