Visa's / applications and getting round them . . is it possible?

[Acccisboy 0]

Hi,

Im new here so hi everyone. I have an interesting query on my situation. I have had 3 job offers from the US. one of which are desperate for me to work there. None of them are prepared to wait an estimated 8 months for a visa application. Also, i have an American Girlfriend who i want to be with and who is now expecting our first child

So,

i was wondering a couple of things.

1. Can a visa application be quicker than 8 months? no employer will wait 8 months.

2. How do people get into the US straight away? i hear of stories where people went on a moments notice.

3. Are any conditions taken into account i.e. The company's requirement etc?

I was also wondering if this could work as a temporary work around?

Currently with my UK employer, we are employed by a US Company to consult and their business requirement. I am able to enter the US on Waiver for business and consult them quite freely for fairly long periods of time. The US Company pays my Company and i dont earn any money or receive any money from the US Company. This being the case, While my lengthy visa application is in progress, Could i do the same to my prospective employer? Could i continue to work for a UK Company i.e. my consultancy and contract to a US Company as a consultant with them paying the UK via a UK invoice thus me not earning any money in the US? This would enable me to be in the US for set periods (i know that i need to return to the UK periodically on an ESTA)and be with my girlfriend during her pregnancy. Its hard to accpet that she has to go through everything on her own.

We could get married but even that is months! If i marry in the US, i need a fiance visa which takes 4 months, then we get married within 90 days and i have to return to the UK for a further 4 month while another visa is applied for, then i have to apply for a green card to work!

I could marry in the UK which does speed it up as it removed the Fiance visa but, it staill takes 4 months after plus a green card application.

So,

is any of this feasible and how can i make sure i apply for the right visa that doesnt take forever? The frustrating thing out of everything is this. Im from the UK, America's biggest Ally and cant get a quick visa for love nor money yet, i was in Vegas last week and was speaking to a taxi driver who didnt know his way nor could speak good english. He however, got a visa in 6 weeks and a green card 4 weeks after that? whats that about? He was from Ethiopia. Why is it so easy for some Countries yet impossible for A UK resident who is supposed to be very close to America?

Is there something with visa's that i have missed? is there a quicker way or special route? The Company is willing to be a sponsor etc etc.

Thanks

AB

[canadian_wife 1,818]

Being from the UK doesn't entitle you to anything, not quicker processing times nor any right to a visa

your taxi driver perhaps won the visa lottery, which would infact be quicker.

Now, if you are interested in a work visa, why isn't any of the 3 employers working that out? Why aren't they starting the process as they should be?

Good luck

[Penguin_ie 5,993]

Some work visas allow "premium processing"- ie the employer pays an extra fee to get to the front of the line. If your sponsoring employer feels you are worth it, they (well, their immigration lawyer) will initiate that, but no harm in asking them.

There is no super quick way to come and live in the USA though. Being from a VWP country, you have the advantage of being able to use the VWOP program for important business meetings or indeed, the birth of your child.

I am thinking your taxi driver either was lying, didn't understand your question, or you did not understand his answer.

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

A fiance visa takes longer than 4 months, think 10 months or more then several more months to be able to work. I don't think you really understand how it works. It is 8-10 months of you waiting to enter the US, then marrying, then applying for adjust of status, advance parole, and work authorization. AP and EAD (travel and work) can take 2-3 months or more. You can not leave the US after you marry until you get AP.

I think you need to research this some more and read how it actually works.

A spouse visa also take a fairly long time, but I would count on a minimum of 8 months.

Maybe I missed it, but is your girlfriend by chance living in the UK?

Edited January 13, 2013 by Nola123

[Acccisboy 0]

A fiance visa takes longer than 4 months, think 10 months or more then several more months to be able to work. I don't think you really understand how it works. It is 8-10 months of you waiting to enter the US, then marrying, then applying for adjust of status, advance parole, and work authorization. AP and EAD (travel and work) can take 2-3 months or more. You can not leave the US after you marry until you get AP.

I think you need to research this some more and read how it actually works.

A spouse visa also take a fairly long time, but I would count on a minimum of 8 months.

Maybe I missed it, but is your girlfriend by chance living in the UK?

Hi

I was given those times by a US visa lawyer. I don't understand how it works you're right. There isn't any clear guidance of how it works. The 3 offers have all said that they will sponsor, it's a case of the right job and the condition of getting to America. How do other people manage to get there to work so quickly? Would my suggestion of consulting work by chance?

So, we can apply for a marriage visa, (we'd get married in the UK to cut out the lengthy wait as its only 3 weeks here), then I can access the US straight away or do I have to wait then enter and then further wait for permission to work? How can anyone do that in today's climate of work and finance?

My girlfriend is living in New York

Thanks

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

Hi

I was given those times by a US visa lawyer. I don't understand how it works you're right. There isn't any clear guidance of how it works. The 3 offers have all said that they will sponsor, it's a case of the right job and the condition of getting to America. How do other people manage to get there to work so quickly? Would my suggestion of consulting work by chance?

So, we can apply for a marriage visa, (we'd get married in the UK to cut out the lengthy wait as its only 3 weeks here), then I can access the US straight away or do I have to wait then enter and then further wait for permission to work? How can anyone do that in today's climate of work and finance?

My girlfriend is living in New York

Thanks

No, there is no short way right now. If she was living in the UK, you could do DCF, but she'd have to be living in the country for at least 6 months to a year beforehand (I'm sure someone can clarify that). What would end up being shortest in terms of working is either a work sponsored visa or getting married and waiting the 8 months or more to move to America. There is no shortcut around that.

Also, whatever lawyer explained it to you that way has no idea what they are talking about or perhaps you misunderstood them.

Edited January 13, 2013 by Nola123

[Boiler 45,314]

You can not work in the US without work authoristation, what you are allowed to do on the VWP, attend Business meetings for example is limited.

The good news is that in these cases the Employers Immigration Lawyer is the one that has the answers.

Quote violating TOS has been removed - VJ Moderation Team

Edited January 13, 2013 by Kathryn41
to remove quoted TOS violation post that has been removed

[Penguin_ie 5,993]

So, we can apply for a marriage visa, (we'd get married in the UK to cut out the lengthy wait as its only 3 weeks here), then I can access the US straight away or do I have to wait then enter and then further wait for permission to work? How can anyone do that in today's climate of work and finance?

Maybe getting a visa to get married in the UK takes 3 weeks, but the return visa (ie CR-1 spousal visa for the USA after you are married) takes 9-12 months to process. You can visit during the process on the VWP, but you cannot live in the USA or work etc. You will need to do your visa interview and medical in the UK at the end of the 9+ months. Once you enter the USA, you have a greencard right away though and can work, travel etc, unlike the K1 fiance visa where you have to Adjust Status first.

[Acccisboy 0]

Also, whatever lawyer explained it to you that way has no idea what they are talking about or perhaps you misunderstood them.

Hi,

From the email I received-

If you go the fiance visa route, the fiance petition is approved about 4 months after filing and you would get the visa to come to the US to marry her about 3 months later. I must stress that these are estimates. You must marry her within 90 days of entering the US and after marriage, your residency papers are filed. It takes about 6 months for USCIS to adjudicate the case once the papers are filed.

If you marry in the UK ( no fiance visa), you could enter the US with a "K" visa about 4 months after the marriage petition is filed with USCIS.

Thanks

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

Hi,

From the email I received-

Thanks

Dump that lawyer like a hot potato! He is wrong, wrong, and wrong. I'm sorry but what a dumbass to be giving out wrong immigration information like that when he is an immigration lawyer!

Also, the K3 (marriage non-immigrant visa) is not used anymore and hasn't been for some time.

Edited January 13, 2013 by Nola123

[Acccisboy 0]

Hi

So what are the acronyms?

DCF

AP

EAP

Why does it take sooooo long? It's not really the best start for a new couple, being away from each other or so long? People can and continually do manage to get into the US for work on long periods all of the time so do they manage the process? Are employers really willing to wait as long as 10 months for that employee to arrive? In that time, a lot of things could change. Workload, position filling, anything.

I also read that out of the 65,000 annual visas allocated, a majority are 'bought up' by companies to bring people over. Who are these companies? What do they do and how you get in touch with them if possible? There must be a less time consuming way then like nearly a year.......

Thanks

[Kathryn41 3,205]

One post suggesting immigration fraud and violating the Terms of Service has been removed along with one post referring to the same.

~~~~~~~~~~~~~~~

Moderator's hat off . .

US immigration does not happen quickly even for those who have employment visas. Part of the reason is that the US is hyper nervous about terrorist activities and immigration fraud and believes everyone is some sort of terrorist or fraudster wanting to enter the US. The immigration process is set up to meet the US government's perceived 'needs' to ensure there are no threats to US security from potential immigrants. There are time-consuming security checks and investigations that take place and these are based upon specific documents that are required by the sponsor and the beneficiary. This all takes time and money which leads to one of the other reasons things take a long time: US immigration is user funded. It does not receive funding from the US taxpayer, thus it is often understaffed and overworked for the amount of work that is required for processing visas.

Every potential immigrant to the US requires some sort of sponsorship - either by a family member, by an employer or by 'self' as an investor in the US economy. Employment and investment based visas are given priority over family based visas, but even still there is a lot of paperwork involved that still takes a lot of time.

The immigration year 'starts' October 1st and that is when new visa numbers are made available. Employers who want to hire foreign nationals must submit a sponsorship application that proves first of all that there are no Americans available to do the work, and second to prove that the foreign national is qualified to do the work. They can pay an extra fee to expedite the paperwork and many do in order to obtain a well-qualified employee. That is the fastest route to get to the US. It is up to the employer to initiate the process. If you are the person they want, they are willing to pay the fees and to 'wait' until the visa is approved.

Family based visas for partners come in two varieties - fiancee visas and spousal visas. Both are processed through the overseas Consulate but are initiated by the US partner submitting a petition requesting permission for their foreign partner to apply for a visa. Confusing? Yes! The US partner's petition must first be approved, then the foreign partner is invited to apply for a fiance or spousal visa, provide lots of documentation and paperwork, go through security checks and have an immigration medical. They must then attend a scheduled interview at the overseas US consulate and assuming that they pass the security checks, that their relationship 'checks out' and that the US partner meets the minimum financial income level to support the foreign partner, a visa is issued.

A spousal visa will give the foreign partner a green card when the cross the border into the US and as soon as they obtain their SSN (Social Security Number) they are able to work. A fiancee must get married within 90 days then apply to change (adjust) their status from non-immigrant fiance to permanent resident. They must also apply for permission to work and to travel while waiting for their green card to be approved, and they cannot leave the US without their green card or travel permission.

Everyone who goes through US family based immigration fully understands and sympathizes with your annoyance and distress at both the time this process takes and the separation that this entails. Immigration is not a 'right' - it is a privilege granted by the US government and they are the ones who hold all the cards.

There are some good guides available at the top of every page in the header tool bar that explains the different processes involved. You will find them very useful to read over and help you decide what course of action to pursue. If your potential employer is willing to sponsor you, then that is your fastest legal route here.

Please disregard the information sent to you by that lawyer you quoted. He/she has absolutely no idea what they are talking about - or if they do - then they are unethical and only interested in getting your money at which time they will tell you the timelines have changed. Both possibilities are valid reasons for avoiding their services.

Edited January 13, 2013 by Kathryn41

[Nich-Nick 3,354]

Hi

So what are the acronyms?

DCF

AP

EAP

Why does it take sooooo long? It's not really the best start for a new couple, being away from each other or so long? People can and continually do manage to get into the US for work on long periods all of the time so do they manage the process? Are employers really willing to wait as long as 10 months for that employee to arrive? In that time, a lot of things could change. Workload, position filling, anything.

I also read that out of the 65,000 annual visas allocated, a majority are 'bought up' by companies to bring people over. Who are these companies? What do they do and how you get in touch with them if possible? There must be a less time consuming way then like nearly a year.......

Thanks

There arent any shortcuts. Why would all of us on this website be hanging out waiting if there was. If your relationship can't survive a separation, then marry a British girl. The oversimplified marriage based way to live in the US--

• Marry anywhere (even on VWP in the US)> start process with a petition I-130> receive a CR1 spouse visa> enter US as a permant resident (greencard arrives in a few weeks)
  
• Get engaged anywhere (even on VWP)> start process with a petition I-129F> receive a K1 fiance visa> enter US with no resident privileges> marry in the US within 90 days> apply for a greencard> wait 4-5 months or so to be approved as a permanent resident. (you can apply for a work permit (EAD) at the same time and that should be approved before the greencard, 3 months, then you can begin work and get a US drivers license before the greencard comes)
  

The employment visa is not that easy to get. The company bears the cost (thousands of dollars). You have to be so awesome that there isn't anyone in the US they can find to do that job. Visas for each year are limited and applications usually exceed number of visas by the first day applications are accepted for the next year. (Think: hot concert tickets go on sale. You won't get them if you don't get in line the first day). The employers wait. They plan their hiring and workforce with the visa times in mind. The big consulting firms come to mind like Deloitte, Accenture. What is your field and experience. Do you have a degree or highly specialized skills?

You need to read what is allowed on a B1 visa. Working as a contractor isn't allowed. Read this for things you can do http://travel.state.gov/pdf/BusinessVisa.pdf

DCF direct consular filing ( you aren't eligible)

EAD employment authorization document

AP. advance parole. A travel document that allows K visa holders to leave and return to the US before their greencard is approved. A k1 fiancé visa is one entry. If you leave, you start over. So you need a greencard or AP, which comes faster, if you have a need to travel internationally before your residency is finalized.

[Acccisboy 0]

Hi

Thanks everybody for the input. The Visa process is very confusing and to be honest, I did wonder about the advice I was given because it didn't tally up with what I have read :s

But alas, I have an update ( prompt the news flash music and graphical interface lol )

One of the companies has just emailed me in the last few minutes and asked a few questions that might be able to be answered here? Synopsis- they are a well established manhattan company with a well established London subsidiary office. Employees from both offices continually work in opposite locations.

I have been asked-

Is better for me to start in London as a freelance and work on contract in New York or work as employed in London and visit New York on VWP?

After 1 year, I can internally transfer on L1-B using the premium service (or not) for a 3 yr period allowing me to reside and work in New York. During this time, I can apply for a green card.

I wanted to try and avoid the marriage route because I have this idealistic view of a romantic scene for proposal rather than 'we need to get hitched so I can get a green card, lets go to Vegas'!

The other question is

If I get a L1-B and apply for and receive a green card, do I still need the marriage visa for getting married?

Thanks

AB

[Nich-Nick 3,354]

If I get a L1-B and apply for and receive a green card, do I still need the marriage visa for getting married?

You never need a marriage visa to get married. You only need one if you want to become a permanent resident of the US based on marriage. If you come to the US on a work visa, and get a greencard, then you don't need a greencard based on marriage because you got there the employment route.

So why are you so excited about the transfer visa. It will take a year before eligible, then the wait on the visa. I thought you were in a hurry to live in the US?