Looking for help!

[N-o-l-a 7,167]

Just so I can have it pointed out to me and that I can cross it off my list, why would I not be applicable?

Sorry if it seems obvious.

Common law marriages must confer the rights of a marriage. Unless you are legally engaged in such a thing in New Zealand it doesn't apply.

With a Domestic Partner situation, you can not work.

In this situation perhaps she isn't ready for the commitment and maybe wants a clean way to exit the relationship, otherwise she would on this site looking for ways for you to come back with her. Personally if a partner wouldn't marry me because of his parents, I'd probably walk out. Who wants to be with someone who put their parents before them?

[*Snowdrop* 604]

Hi - I wouldn't give up on looking for a work visa considering your profession.

I have several friends in the media industry who found it relatively easy to get a US work visas with magazine companies or broadcast companies in New York or LA because jobs which require 'creative' talent input can be easier to prove that they need you rather than a US employee. A lot depends on your current CV and how attractive it would be for an employer to take you. You will only know whether they want you by doing some serious networking and really selling yourself.

On the other option of marriage. How long have you been with your girlfriend and how many times have you met her parents? Many relatives of people who have fallen in love with a person who will need to immigrate to the US get a little nervous about the intentions of the foreigner. "Are they really just interested in a green card?" "Is this person going to show their true colours later?" A committed long distance relationship could show the strength and maturity they are looking for in a future son-in-law. A short time apart (and by short I mean 1-3 years in terms of a long marriage) should be possible for the chance to spend the rest of your life with the 'love of your life".

The other option you have - but this depends on your financial situation is to try for a student visa - do an MA or PHd in your field - that gives you time to get to know your future in-laws better as well. Although it might take a year or so to save up the money for the course.

[Maria2k3 0]

I took me to send out over 50 applications for my Internship, but I didn't give up and it paid out well.

So heads up and you'll get there buddy!

[gstrength 20]

Can someone help me decipher this: http://www.usvisahelp.com/node/28 ?

Given what information I have in this thread, is this something that may be applicable to my situation?

please read, maybe this will help to clarify:

U.S. Department of State Foreign Affairs Manual Volume 9 - Visas

9 FAM 40.1 Notes Page 1 of 18

9 FAM 40.1

NOTES

(CT:VISA-1614; 01-07-2011)

(Office of Origin: CA/VO/L/R)

9 FAM 40.1 N1 VALIDITY OF “MARRIAGE”

FOR IMMIGRATION PURPOSE

9 FAM 40.1 N1.1 Marriage and Spouse Defined

(CT:VISA-1581; 10-04-2010)

a. Section 7 of the Defense of Marriage Act (Public Law 104-199) states:

“The word „marriage‟ means only a legal union between one man and one

woman as husband and wife, and the word „spouse‟ refers only to a

person of the opposite sex who is a husband or a wife.”

b. The term “marriage” is not specifically defined in the INA; however, the

meaning of marriage can be inferred from the INA 101(a)(35) (8 U.S.C.

1101(a)(35)) which defines the term “spouse.” A marriage, in order to

be valid for immigration purposes, must be celebrated in the presence of

both parties.

c. The underlying principle in determining the validity of the marriage is that

the law of the place of marriage celebration controls (except as noted in

paragraph d of this section). If the law is complied with and the marriage

is recognized, then the marriage is deemed to be valid for immigration

purposes. Any prior marriage, of either party, must be legally

terminated.

d. Marriages, considered to be void under State law as contrary to public

policy, such as polygamous or incestuous marriages, or which Federal law

such as the Defense of Marriage Act determines does not meet the

Federal definition of a marriage, cannot be recognized for immigration

purposes even if the marriage is legal in the place of marriage

celebration.

9 FAM 40.1 N1.2 Cohabitation

(CT:VISA-1614; 01-07-2011)

In the absence of a marriage certificate, an official verification, or a legal

brief verifying full marital rights, a common law marriage or cohabitation is U.S. Department of State Foreign Affairs Manual Volume 9 - Visas

9 FAM 40.1 Notes Page 2 of 18

considered to be a “valid marriage” for purposes of administering the U.S.

immigration law only if:

(1) It bestows all of the same legal rights and duties possessed by

partners in a lawfully contracted marriage; and

(2) Local laws recognize such cohabitation as being fully equivalent in

every respect to a traditional legal marriage, e.g.:

(a) The relationship can only be terminated by divorce;

(b) There is a potential right to alimony;

© There is a right to intestate distribution of an estate; and

(d) There is a right of custody, if there are children.

[aaron2020 11,651]

please read, maybe this will help to clarify:

U.S. Department of State Foreign Affairs Manual Volume 9 - Visas

9 FAM 40.1 Notes Page 1 of 18

9 FAM 40.1

NOTES

(CT:VISA-1614; 01-07-2011)

(Office of Origin: CA/VO/L/R)

9 FAM 40.1 N1 VALIDITY OF “MARRIAGE”

FOR IMMIGRATION PURPOSE

9 FAM 40.1 N1.1 Marriage and Spouse Defined

(CT:VISA-1581; 10-04-2010)

a. Section 7 of the Defense of Marriage Act (Public Law 104-199) states:

“The word „marriage‟ means only a legal union between one man and one

woman as husband and wife, and the word „spouse‟ refers only to a

person of the opposite sex who is a husband or a wife.”

b. The term “marriage” is not specifically defined in the INA; however, the

meaning of marriage can be inferred from the INA 101(a)(35) (8 U.S.C.

1101(a)(35)) which defines the term “spouse.” A marriage, in order to

be valid for immigration purposes, must be celebrated in the presence of

both parties.

c. The underlying principle in determining the validity of the marriage is that

the law of the place of marriage celebration controls (except as noted in

paragraph d of this section). If the law is complied with and the marriage

is recognized, then the marriage is deemed to be valid for immigration

purposes. Any prior marriage, of either party, must be legally

terminated.

d. Marriages, considered to be void under State law as contrary to public

policy, such as polygamous or incestuous marriages, or which Federal law

such as the Defense of Marriage Act determines does not meet the

Federal definition of a marriage, cannot be recognized for immigration

purposes even if the marriage is legal in the place of marriage

celebration.

9 FAM 40.1 N1.2 Cohabitation

(CT:VISA-1614; 01-07-2011)

In the absence of a marriage certificate, an official verification, or a legal

brief verifying full marital rights, a common law marriage or cohabitation is U.S. Department of State Foreign Affairs Manual Volume 9 - Visas

9 FAM 40.1 Notes Page 2 of 18

considered to be a “valid marriage” for purposes of administering the U.S.

immigration law only if:

(1) It bestows all of the same legal rights and duties possessed by

partners in a lawfully contracted marriage; and

(2) Local laws recognize such cohabitation as being fully equivalent in

every respect to a traditional legal marriage, e.g.:

(a) The relationship can only be terminated by divorce;

(b) There is a potential right to alimony;

© There is a right to intestate distribution of an estate; and

(d) There is a right of custody, if there are children.

This is the part that may sink many common law marriage situations. If the two of you can just walk away from the common law relationship, then it is not considered a "valid marriage" for US immigration. Only if divorce is the only way to end the relationship, then the US will consider it a "valid marriage."

[JamesDesigner 0]

Hi - I wouldn't give up on looking for a work visa considering your profession.

I have several friends in the media industry who found it relatively easy to get a US work visas with magazine companies or broadcast companies in New York or LA because jobs which require 'creative' talent input can be easier to prove that they need you rather than a US employee. A lot depends on your current CV and how attractive it would be for an employer to take you. You will only know whether they want you by doing some serious networking and really selling yourself.

On the other option of marriage. How long have you been with your girlfriend and how many times have you met her parents? Many relatives of people who have fallen in love with a person who will need to immigrate to the US get a little nervous about the intentions of the foreigner. "Are they really just interested in a green card?" "Is this person going to show their true colours later?" A committed long distance relationship could show the strength and maturity they are looking for in a future son-in-law. A short time apart (and by short I mean 1-3 years in terms of a long marriage) should be possible for the chance to spend the rest of your life with the 'love of your life".

The other option you have - but this depends on your financial situation is to try for a student visa - do an MA or PHd in your field - that gives you time to get to know your future in-laws better as well. Although it might take a year or so to save up the money for the course.

Thanks Lynne, has given me a lot more to go on.

I've been with my GF for almost 3 and a half years and have met her parents 6-7 times (amongst which times I have spent close to a month in the same house with them).