Will I need a Spouse Visa in my case?

[Sunshiine 1]

Hi all!

I am quite new to all of this and hence would kindly like to ask for some advice and recommendations.

My boyfriend has been working in a very prestigious hotel in London, UK for about 2,5 years and he is currently applying for the F&B Assistant Manager Position in the same hotel but then in Miami, Florida.

My question to you is your typical 'what if' question, if my boyfriend does truly get the job and gets transferred to Miami, what are the best options for me to come with him (as he will definitely be staying there for a couple of years).

Would the spouse visa be the only option in this case? I believe the Fiance visa would not be valid in my case as my boyfriend is not an American and will be going to Miami, Florida through a transfer via his current work. I am totally open for marriage, and my boyfriend and I have been together for over 4 years so I believe we would both be ready for it and welcome it with with complete genuine love.

What would you advise and recommend?

Perhaps extra useful information:

• My boyfriend's sister and brother in law are American (they obtained their citizenship about a year ago I believe)
• My boyfriend's parents will be American citizens in a couple of weeks (they have gone through the entire process and are almost done)
• My boyfriend was born in Venezuela but has a Dutch Passport (lived in The Netherlands for approx. 15 years)
• My boyfriend is 28 years old (in a couple of days)
• I am Dutch
• I am 25 years old
• I do not have direct family living in the States
• I will be obtaining a hospitality business Bachelor Degree in July 2013
• My boyfriend and I have been together for 4 years and a little over 4 months.

If there is anything more you need to know from me, please don't hesitate to ask

Thank you in advance.

Florentine

Edited May 17, 2013 by Florentine

[speedwell 224]

Florentine, you cannot get a visa based on your boyfriend's relatives even if you marry him. You may qualify for a different kind of visa based on your own qualifications. It doesn't appear from what you've told us that you have experience in a shortage occupation, an advanced degree, an exceptional talent, or a lot of money to invest in the US, and if you were clergy or a refugee you would undoubtedly have said so.

If you have been living together, you may qualify for a cohabitation visa based on his work visa, which I don't know a lot about except that you will not be able to use it to work in the US. If you marry your boyfriend, you may qualify for a visa for an accompanying spouse, which also will not allow you to work. He will not be able to apply for a spouse visa for you until he becomes a permanent resident (green card holder) or US citizen. If he is transferred, his company will handle his visa paperwork, and he must request that they also handle yours.

Edited May 17, 2013 by speedwell

[Kastrs 723]

EDIT: OK I read that completly backwards. In which case yes see above poster. It depends if your BF were to come here would he be on some sort of special visa or on a GC. This makes a huge difference. An LPR can petition for their spouse, but you would need to get married first. It would probably be helpful for you to they will help give you an idea of what each process entails and what the requirements are. Good Luck!

Edited May 17, 2013 by Kastrs

[speedwell 224]

you say you are dutch, does this mean you are NOT a US citizen?

I'm assuming that, since she is asking about getting a visa to accompany him, she is not a US citizen.

Edited May 17, 2013 by speedwell

[Sunshiine 1]

Florentine, you cannot get a visa based on your boyfriend's relatives even if you marry him. You may qualify for a different kind of visa based on your own qualifications. It doesn't appear from what you've told us that you have experience in a shortage occupation, an advanced degree, an exceptional talent, or a lot of money to invest in the US, and if you were clergy or a refugee you would undoubtedly have said so.

If you have been living together, you may qualify for a cohabitation visa based on his work visa, which I don't know a lot about except that you will not be able to use it to work in the US. If you marry your boyfriend, you may qualify for a visa for an accompanying spouse, which also will not allow you to work. He will not be able to apply for a spouse visa for you until he becomes a permanent resident (green card holder) or US citizen. If he is transferred, his company will handle his visa paperwork, and he must request that they also handle yours.

Dear Speedwell,

Thank you very much for your informative answer. That is quite a shocker to hear that I will not be able to work in the US while holding a Cohabitation visa or accompanying Spouse visa. Is the Cohabitation visa somewhat similar to a partnership visa? I didn't know it existed, because I remember trying to look up the Partnership Visa but they don't do it in America.

In conclusion, if I can be eligible for the Cohabitation visa, I may as well just go for this visa, and wait for the marriage, since it sounds like the Accompanying Spouse Visa doesn't provide me any extra benefits.

Would a Fiance visa not work in this case at all? I assume also not work wise?

If I would choose for the Cohabitation Visa, will my boyfriend also need to request this through is work?

Thank you again so much for all your help!

Edit:

@Kastrs, Sorry, I am not familiar with all the abbreviations. What do you mean by GC? I assume he would just receive an 'ordinary' work transfer visa. What do you mean by LPR? Sorry I am quite a newbie haha, so yes I will definitely also refer to the guidelines. Thank you!

Thank you!

Edited May 17, 2013 by Florentine

[Kastrs 723]

Dear Speedwell,

Thank you very much for your informative answer. That is quite a shocker to hear that I will not be able to work in the US while holding a Cohabitation visa or accompanying Spouse visa. Is the Cohabitation visa somewhat similar to a partnership visa? I didn't know it existed, because I remember trying to look up the Partnership Visa but they don't do it in America.

In conclusion, if I can be eligible for the Cohabitation visa, I may as well just go for this visa, and wait for the marriage, since it sounds like the Accompanying Spouse Visa doesn't provide me any extra benefits.

Would a Fiance visa not work in this case at all? I assume also not work wise?

If I would choose for the Cohabitation Visa, will my boyfriend also need to request this through is work?

Thank you again so much for all your help!

@Kastrs, Yes that's correct, I am not a US citizen, my nationality is Dutch (from The Netherlands).

Thank you!

Re read my post, I edited it to provide you with the correct information, as I stated you would only be able to qualify for a spousal visa iff your partner is here on a GC, LPR can only petition for their spouse, they cannot petition for a fiance or partner.

[Sunshiine 1]

Re read my post, I edited it to provide you with the correct information, as I stated you would only be able to qualify for a spousal visa iff your partner is here on a GC, LPR can only petition for their spouse, they cannot petition for a fiance or partner.

I have also re-edited mine accordingly

[Sunshiine 1]

Dear Speedwell,

Thank you very much for your informative answer. That is quite a shocker to hear that I will not be able to work in the US while holding a Cohabitation visa or accompanying Spouse visa. Is the Cohabitation visa somewhat similar to a partnership visa? I didn't know it existed, because I remember trying to look up the Partnership Visa but they don't do it in America.

In conclusion, if I can be eligible for the Cohabitation visa, I may as well just go for this visa, and wait for the marriage, since it sounds like the Accompanying Spouse Visa doesn't provide me any extra benefits.

Would a Fiance visa not work in this case at all? I assume also not work wise?

If I would choose for the Cohabitation Visa, will my boyfriend also need to request this through is work?

Thank you again so much for all your help!

Edit:

@Kastrs, Sorry, I am not familiar with all the abbreviations. What do you mean by GC? I assume he would just receive an 'ordinary' work transfer visa. What do you mean by LPR? Sorry I am quite a newbie haha, so yes I will definitely also refer to the guidelines. Thank you!

Thank you!

Along with my questions above, I was wondering, would I be able to do volunteer work? Or does that fall under the 'not eligible to work'? Or are they simply referring not earning money?

Thank you

[speedwell 224]

Would a Fiance visa not work in this case at all? I assume also not work wise?

If I would choose for the Cohabitation Visa, will my boyfriend also need to request this through is work?

You're very welcome, Florentine. Your boyfriend will not qualify to request a fiance visa for you since he is not a citizen.

I recommend strongly that you allow your boyfriend's company to handle both his visa and yours, since the availability of a visa for you to live with him in the US will depend on his visa case. (If the company refuses to consider your visa along with his, you may want to speak to an attorney who has successfully handled this situation before. By the way, it is illegal for the company to charge him or force him to pay for visas that they are applying for in order to bring him over to work.) It is possible for them to request a visa for him that will result in getting a green card, but this is less likely. Even if they do this, it will take a long time, and once he has the green card he will only be able to request a spouse visa for you, and that will take quite a long time too.

[speedwell 224]

Along with my questions above, I was wondering, would I be able to do volunteer work? Or does that fall under the 'not eligible to work'? Or are they simply referring not earning money?

Thank you

You are not able to do any volunteer work for which a US resident or citizen might have been recompensed. That means you can't even accept a volunteer job that gives you a free lunch during the day. The rules are tricky. Basically you can't accept anything in return for your volunteering, and if anyone else doing the same thing does get something in return (even reimbursement for their expenses), you cannot work in that volunteer position for free. My husband looked into this in order to have something to occupy himself with while he was visiting me over the winter holidays, and we decided it was too risky.

You are allowed to look for work for yourself, but you cannot sign any agreements or do anything that might be considered work. You cannot work remotely in the US for a company overseas. Even a writer cannot write articles for a foreign newspaper without having a visa qualifying them to work in the US. It's better to assume you cannot do any sort of work and to arrange for all of your expenses to be covered while you are in the US.

You may consider continuing your studies, or visiting periodically on the Visa Waiver Program, which allows you to make visits of up to 90 days at a time (you'll be turned away if they think you are doing this to "live" in the US though). Just see what makes sense for you.

[Sunshiine 1]

You are not able to do any volunteer work for which a US resident or citizen might have been recompensed. That means you can't even accept a volunteer job that gives you a free lunch during the day. The rules are tricky. Basically you can't accept anything in return for your volunteering, and if anyone else doing the same thing does get something in return (even reimbursement for their expenses), you cannot work in that volunteer position for free. My husband looked into this in order to have something to occupy himself with while he was visiting me over the winter holidays, and we decided it was too risky.

You are allowed to look for work for yourself, but you cannot sign any agreements or do anything that might be considered work. You cannot work remotely in the US for a company overseas. Even a writer cannot write articles for a foreign newspaper without having a visa qualifying them to work in the US. It's better to assume you cannot do any sort of work and to arrange for all of your expenses to be covered while you are in the US.

You may consider continuing your studies, or visiting periodically on the Visa Waiver Program, which allows you to make visits of up to 90 days at a time (you'll be turned away if they think you are doing this to "live" in the US though). Just see what makes sense for you.

Thank you again for your quick reply! You are so helpful! I understand now, that it is practically impossible to get to work on such visas. Quite a bummer that they are also being so difficult about volunteer work (you would think it's for the better of the government?). Perhaps a very stupid question, but you mentioned a writer not being able to write articles for foreign newspapers... I own a blog and Youtube channel from which I earn money through advertising (from Youtube partnership and Google Adsense, which is practically international), would this then also not be allowed on such visas?

We are also considering staying in London for another year (or two) as my boyfriend might be receiving an offer on a managerial job in his current work place as well. I have introduced the hard facts to him which you have just told me, so we will both have to think about this very wisely.

If we do decide to stay in London for another year or two, we are thinking that this might be a useful time to use to get him sorted for the green card (and also apply for the green card lottery, registration is in October/November this year I believe?).

Since my boyfriend's parents, sister and brother in law are Americans (or hold the green card), how easy/hard will it be for him to obtain one? I know it is impossible to give an exact time frame, but would you know approx. how long this may take, considering his case? Would this be perhaps fall in the time frame we decide to 'wait' in London (1-2 years)?

Thank you

Edited May 17, 2013 by Florentine

[speedwell 224]

Thank you again for your quick reply! You are so helpful! I understand now, that it is practically impossible to get to work on such visas. Quite a bummer that they are also being so difficult about volunteer work (you would think it's for the better of the government?). Perhaps a very stupid question, but you mentioned a writer not being able to write articles for foreign newspapers... I own a blog and Youtube channel from which I earn money through advertising (from Youtube partnership and Google Adsense, which is practically international), would this then also not be allowed on such visas?

We are also considering staying in London for another year (or two) as my boyfriend might be receiving an offer on a managerial job in his current work place as well. I have introduced the hard facts to him which you have just told me, so we will both have to think about this very wisely.

If we do decide to stay in London for another year or two, we are thinking that this might be a useful time to use to get him sorted for the green card (and also apply for the green card lottery, registration is in October/November this year I believe?).

Since my boyfriend's parents, sister and brother in law are Americans (or hold the green card), how easy/hard will it be for him to obtain one? I know it is impossible to give an exact time frame, but would you know approx. how long this may take, considering his case? Would this be perhaps fall in the time frame we decide to 'wait' in London (1-2 years)?

Thank you

The idea behind the work prohibition is that they want only authorized people to work (naturally), and anything that an American could potentially receive payment for (in money or in kind) is considered work. Technically, writing for your blog and contributing to YouTube is work, since you are paid for it. You would be receiving income while you are in the US, therefore potentially incurring a US tax liability as well. I completely agree that it's stupid to disallow so much potential foreign volunteering, especially when they have a whole visa category for useless clergy.

The lottery is iffy, but you can't win if you don't play! If you want your husband's parents to apply for his green card, do not marry. He must be an unmarried child to qualify for a green card based on his parents' citizenship (I'm not certain whether he can have been married before). I think it is unlikely for him to get his green card within two years and it is likely to take even longer. It will absolutely take years longer if his sister applies for him. He can get his green card, marry you, and then petition for you to join him, but that will take a long time as well. Not that people don't do it, of course.

Edited May 17, 2013 by speedwell

[Sunshiine 1]

The idea behind the work prohibition is that they want only authorized people to work (naturally), and anything that an American could potentially receive payment for (in money or in kind) is considered work. Technically, writing for your blog and contributing to YouTube is work, since you are paid for it. You would be receiving money while you are in the US, therefore potentially incurring a US tax liability as well. I completely agree that it's stupid to disallow so much potential foreign volunteering, especially when they have a whole visa category for useless clergy.

The lottery is iffy, but you can't win if you don't play! If you want your husband's parents to apply for his green card, do not marry. He must be an unmarried child to qualify for a green card based on his parents' citizenship (I'm not certain whether he can have been married before). I think it is unlikely for him to get his green card within a year or two and it may take even longer. It will absolutely take years longer if his sister applies for him. He can get his green card, marry you, and then petition for you to join him, but that will take a long time as well. Not that people don't do it, of course.

Oh gosh, that does sound a little depressing, haha! But it is something to work towards! Well... we'll see where we take it from here. Thankfully we're still young and healthy so a lot can still happen, haha ! No matter how badly we both would like to move to his parents in Florida, I am hoping for now that he will get a beautiful job offer here in London which will give us more time to think about and work towards living in America in the future.

This was is it for my questions so far, perhaps a few more will pop up again later, haha! I want to sincerely thank you very much for all your time and helpful advice in answering my questions! I truly appreciate it!!!

Edit: I was just thinking right after I hit 'Submit' to this post, should we also hold on, on getting engaged in order for my boyfriend's parents to request a green card for him, or does this not matter? Thanks

Edited May 17, 2013 by Florentine

[speedwell 224]

Oh gosh, that does sound a little depressing, haha! But it is something to work towards! Well... we'll see where we take it from here. Thankfully we're still young and healthy so a lot can still happen, haha ! No matter how badly we both would like to move to his parents in Florida, I am hoping for now that he will get a beautiful job offer here in London which will give us more time to think about and work towards living in America in the future.

This was is it for my questions so far, perhaps a few more will pop up again later, haha! I want to sincerely thank you very much for all your time and helpful advice in answering my questions! I truly appreciate it!!!

Edit: I was just thinking right after I hit 'Submit' to this post, should we also hold on, on getting engaged in order for my boyfriend's parents to request a green card for him, or does this not matter? Thanks

Oh, get engaged all you want Just don't actually marry; the law says parents can apply only for unmarried children. And it might be tricky if any of you are directly asked whether he is engaged, because you must tell the truth or risk a bar for fraud. Don't bet on being able to enter into a marriage equivalent status (like an officially recognized cohabitation); by the time his visa number is available, the immigration laws may have changed to admit gay married partners, and that could affect legal cohabitants.

If you hear of a job opening for an IT analyst in England, let us know, please. We'd honestly rather move to the UK... but the UK laws for non-EU spouses made it impossible for my husband to qualify to bring me over based on his current income. Ugh.

Edited May 17, 2013 by speedwell

[Sunshiine 1]

And it might be tricky if any of you are directly asked whether he is engaged, because you must tell the truth or risk a bar for fraud.

I'm a little confused. Because we will have to tell the truth of our engagement, it is better to just not to get engaged because it could hinder the chances of my boyfriend getting his green card through his parents? Or did you mean marriage? Sorry if I misunderstood

Don't bet on being able to enter into a marriage equivalent status (like an officially recognized cohabitation); by the time his visa number is available, the immigration laws may have changed to admit gay married partners, and that could affect legal cohabitants.

Wow so they're making it even trickier then! Sometimes I really wonder why it has to be so hard to get into America! It's such a pity!

If you hear of a job opening for an IT analyst in England, let us know, please. We'd honestly rather move to the UK... but the UK laws for non-EU spouses made it impossible for my husband to qualify to bring me over based on his current income. Ugh.

Argh, that is rough! So we both want to cross the opposite side of the pond, haha:) I shall ask my boyfriend if they're searching for anyone as IT analyst (or in that department) in the hotel he works at (Mandarin Oriental, Hyde Park London)

Edited May 17, 2013 by Florentine