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Posted

I'm not sure if I'm putting this in the right area, but I just really need help so any advice would be wonderful.

I'm going to be starting graduate school in the US in the fall, so I will have F-1 status, but my wife and I are trying to figure out what temporary work visa to apply for for her. She is currently working for Starbucks, and the company has said she can transfer to a store in the US, but she just needs to get a visa first. Can anyone help me determine what visa she should apply for? I know we have to fill out the DS-160, but I just don't know what visa type to use. Possibilites include: J, B-1, TN or something else? People are happy to tell me how difficult the process is, but no one has had any useful suggestions.

Worst case she can apply for an F-2, but it will be very tough not to have that income.

Thanks in advance!

Filed: IR-1/CR-1 Visa Country: Vietnam
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Posted

Not a lot of options for you two.

Typically the employer files for a work visa. They pay the fees and have their attorneys do the work. Most are for professional or highly skilled positions. A barista would not likely qualify. Even if she was a store manager level, it's unlikely.

I-864 Affidavit of Support FAQ -->> https://travel.state.gov/content/visas/en/immigrate/immigrant-process/documents/support/i-864-frequently-asked-questions.html

FOREIGN INCOME REPORTING & TAX FILING -->> https://www.irs.gov/publications/p54/ch01.html#en_US_2015_publink100047318

CALL THIS NUMBER TO ORDER IRS TAX TRANSCRIPTS >> 800-908-9946

PLEASE READ THE GUIDES -->> Link to Visa Journey Guides

MULTI ENTRY SPOUSE VISA TO VN -->>Link to Visa Exemption for Vietnamese Residents Overseas & Their Spouses

Posted

Thanks for the quick response. It just seems odd that I can bring my wife only if she just hangs around for 2 years. Either way, is there any penalty if she applies for another type of visa from which she may get rejected? For example, if she applies for the TN and doesn't get it, can she still apply for the F-2?

Thanks again.

Not a lot of options for you two.

Typically the employer files for a work visa. They pay the fees and have their attorneys do the work. Most are for professional or highly skilled positions. A barista would not likely qualify. Even if she was a store manager level, it's unlikely.

Posted

Thanks for the quick response. It just seems odd that I can bring my wife only if she just hangs around for 2 years. Either way, is there any penalty if she applies for another type of visa from which she may get rejected? For example, if she applies for the TN and doesn't get it, can she still apply for the F-2?

Thanks again.

Typically there is no penalty except the loss of application fees, as long as there is no finding of fraud or misrepresentation.

Spouse-based AOS from out-of-status H-1B, May - Aug 2012

Removal of conditions, Aug - Nov 2014

 
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