Changing status from work visa

[DeftEft 0]

Howdy all,

My fiancée (German citizen) and I (U.S. citizen) have been trying for some time to find a course of action that would allow us ultimately to live together and work in the U.S.

Just recently, my mother mentioned to me that she would consider hiring my fiancée to work in her business, and for that file for a work visa for her. My fiancée is certainly qualified for the work - from what I've read, she would fit in the category of skilled labor - but I'm also wondering what would be possible if we follow this route. Either from a temporary or a permanent work visa, would she and I be able to marry here in the U.S., and following that change her status so as to allow permanent residency?

Thank you all for your help.

[canadian_wife 1,818]

Um...if he is your fiance then why are you bothering at all with a work visa? File the I129F, have him come to the US, marry you and live happily ever after.

good luck

[Mufmer 24]

Um...if he is your fiance then why are you bothering at all with a work visa? File the I129F, have him come to the US, marry you and live happily ever after.

good luck

Aggreed with Canadian Wife.

Dont mess all things.

GOOD LUCk.

[Penguin_ie 5,993]

You'd need to be more specific in regards to the type of qualifications and experience your fiance has in order for us to advice the likelyhood of a work visa being approved. However, even if she has a good chance, it would be more expensive (and possibly take longer) than a K1 fiance visa, or get married somewhere and then file a CR-1 spousal visa.

[jaycali 415]

If you're engaged, and plan to marry in not too long, the best course of action for you is the K-1 fiancé(e) visa. It will allow her to come to the US, marry you, and become a permanent resident based on that marriage to you.

The catch is you must get married within 90 days of her arrival.

Either way, depending on her level of education and the job offer, it will probably give you less headache than a work visa. Permanent residence based on employment is a very long and expensive journey. Not worth undertaking if you plan to get married anyway.

[DeftEft 0]

Our standing plan was to go with either a K-1 visa or IR-1 (following marriage in Germany, where there are fewer restrictions and less hassle to getting wed), but we were hoping to find a faster plan to bring her to the U.S. I'd looked into the work visa option once my mother mentioned it, thinking it might be faster, but clear information on that is even harder to find than on spousal and fiancé visas.

So if I understand you all right, a work visa would not only be more expensive, but potentially take longer?

[Boiler 45,314]

EB1 or 2 could be quicker.

Has she discussed this with the Company Immigration Lawyer? That would be the first step.

[DeftEft 0]

EB1 or 2 could be quicker.

Has she discussed this with the Company Immigration Lawyer? That would be the first step.

Unfortunately, she wouldn't qualify for one of the EB visas. She holds a "diploma," which is closer to a Master's degree than a Bachelor's, but still not entirely there, and has only been in her current post-academic career for a little over a year now.

My mother runs a small business, so there's no immigration specialist to consult at present. Likewise, the positions that my fiancée could fill are currently staffed by other members of my family, so I don't believe that there would be any way to meet the requirements regarding a lack of "eligible" U.S. citizens.

[kzielu 1,147]

Fact you are missing is work visa is way more work and cost than fiance or spousal visa. Neither it is going to be faster (earliest anyone can get H-1B is October next year - read about quotas).

[jaycali 415]

Unfortunately, she wouldn't qualify for one of the EB visas. She holds a "diploma," which is closer to a Master's degree than a Bachelor's, but still not entirely there, and has only been in her current post-academic career for a little over a year now.My mother runs a small business, so there's no immigration specialist to consult at present. Likewise, the positions that my fiancée could fill are currently staffed by other members of my family, so I don't believe that there would be any way to meet the requirements regarding a lack of "eligible" U.S. citizens.

Sounds like her best options as far as work visas are H1b or H2b. For the former, the quotas are already filled for this year so by the time she'd potentially get one, a K-1 or CR-1 could have been obtained already. The H2b is only relevant if she plans to work seasonally in an area of the country where her employer can't find any willing and able US worker to do the job.

If you intend to get married anyway, file an I-129f today. She should have a K-1 by the summer. If you want to marry in Germany, do it asap, and file an I-130. She should have the CR-1 visa about 6 - 9 months after your wedding.

[Boiler 45,314]

We seem to be going around in circles and you seem to know this is a non starter.

[Gosia & Tito 199]

Howdy all,

My fiancée (German citizen) and I (U.S. citizen) have been trying for some time to find a course of action that would allow us ultimately to live together and work in the U.S.

Just recently, my mother mentioned to me that she would consider hiring my fiancée to work in her business, and for that file for a work visa for her. My fiancée is certainly qualified for the work - from what I've read, she would fit in the category of skilled labor - but I'm also wondering what would be possible if we follow this route. Either from a temporary or a permanent work visa, would she and I be able to marry here in the U.S., and following that change her status so as to allow permanent residency?

Thank you all for your help.

You don't want to go the work visa. It is long and costly, not to mention that it does not matter as much whether she is qualified and your mother wants to hire her; you must provide/have proof that there are no other qualified people in the US and that takes time and money. You will need labor certifications and other and that is not a do it yourself kind of visa.

Either do the fiancee visa or marry and then CR-1

[islandgal 74]

K1 or CR1 since you're in a legitimate relationship. Why try to circumvent the immigration laws by using employment visa?

[aaron2020 11,651]

Unfortunately, she wouldn't qualify for one of the EB visas. She holds a "diploma," which is closer to a Master's degree than a Bachelor's, but still not entirely there, and has only been in her current post-academic career for a little over a year now.

My mother runs a small business, so there's no immigration specialist to consult at present. Likewise, the positions that my fiancée could fill are currently staffed by other members of my family, so I don't believe that there would be any way to meet the requirements regarding a lack of "eligible" U.S. citizens.

There is your answer as to why a work visa is a not possible. There is no way to meet the principle requirement of the work visa - there is no possible US worker so that is why my business needs to import a foreign worker; otherwise it would be stupid for the US government to let a foreign worker take a job in the US when there are UNEMPLOYED US CITIZENS AND US RESIDENTS who could use the job.