need help. about gaining entrance to usa and working. plz

[indigosss 0]

Hello to one and all. This site is just what ive been looking for for many hours now.

Well...... My story.

I met the most wonderful woman on the Internet during feb of this year. Got to end of march (after hours everyday of talking on phone and Internet) and we both decided we needed to meet each other. So i hoped on a plane and filled in my visa waiver on journey and handed in at airport. The day before my departure date, (about 6 weeks after arrival) we decided we was going to get married and hand in all the paper work to try and get my citizenship etc. well, about two weeks after we got married my wife became unemployed, this was the end of that idea.

I continued to stay in the hope she would find employment. I ended up over staying my visa by 88 days. Total stay was 178 days. So i think 2 days under getting a ban for my return.

Well, my wife is still unemployed, and we can not find a sponsor so we can get papers in while I'm in UK (I'm a UK citizen) so that is not an option for us.

I am a caregiver, and have 5 years experience in this field of employment. And was hoping i might be able to get sponsored by an employer so i can return to U.S.A. Asap. (I've heard that this work area needs extra staff) If i don't get back it will be end of my marriage. (my wife has BPD and looks like its hard for her to find work).

Does anyone know what is the best way i can get back to be with my wife, regarding filing for our papers become we are married is out the window.

Any help would be great as its killing both me and my wife being apart, and cos she has BPD its super hard for her.

Plz plz plz smile.gif

thanks in advance for your time.

Rob.

[LaL 418]

are you asking about obtaining a work visa for the US?

[indigosss 0]

are you asking about obtaining a work visa for the US?

Yes. as i think this is only way i can return. i would do anything, even become illigal if need be to be with her. but i want to do it right. so i think trying to obtain a work visa so i can return is best way forward.

i just dont know the procedure. like do i need a sponcer for employment. etc.

thx for replying. im so so so lost right now.

[payxibka 10,045]

are you asking about obtaining a work visa for the US?

If I am not mistaken, I think an employer needs to sponsor a "work" visa. I did not think they can be "self sponsored".

[aussiewench 9]

indigosss

What about your wife moving to the UK?

[indigosss 0]

indigosss

What about your wife moving to the UK?

we have thought of this. but as she has BPD i dont want her being to far from her family. plus during my time there i really fell in love with the NW. i feel that we can have a much better future together in usa. but its always last option that she comes over here.

thx for reply.

[kitkat1 5]

How Do I Apply For Immigrant Status Based On Employment?

USCIS Immigrant Status based on Employment

An immigrant is a foreign national who is authorized to live and work permanently in the United States. You must go through a multi-step process to become an immigrant based on employment.

1. The USCIS must approve an immigrant petition (application) that was filed for you, usually by an employer.

2. In most employment categories (See EB-2 and EB-3 eligibility and filing information), a U.S. employer must complete a labor certification request (ETA 750) for you from the Department of Labor's Employment and Training Administration.

3. The State Department must give you an immigrant visa number, even if you are already in the United States. Please see How Do I Get an Immigrant Visa Number?.

4. If you are already in the United States, you must apply to adjust to permanent resident status when a visa number becomes available. Please see How Do I Become a Lawful Permanent Resident while in the United States? If you are outside the United States when an immigrant visa number becomes available, you will be notified to go to the local U.S. consulate to complete the processing for an immigrant visa.

What Does the Law Say?

The legal foundation for getting approval for hiring an alien worker permanently comes from the Immigration and Nationality Act (INA). For the part of the law that addresses employment-based immigrants, please see INA § 201, INA § 202, INA § 203 and INA § 204. Rules published in the Federal Register explain the eligibility requirements for individuals petitioning for employment-based immigration based on specific criteria. They are in the Code of Federal Regulations [CFR] at 8 CFR § 204.5.

Who is Eligible for Employment Based Immigration?

There are five categories of employment based immigration:

First Preference (EB-1 priority workers): aliens with extraordinary ability, outstanding professors and researchers, and certain multinational executives and managers.

Second Preference (EB-2 workers with advanced degrees or exceptional ability): aliens who are members of the professions holding advanced degrees or their equivalent and aliens who because of their exceptional ability in the sciences, arts, or business will substantially benefit the national economy, cultural, or educational interests or welfare of the United States.

Third Preference (EB-3 professionals, skilled workers, and other workers): aliens with at least two years of experience as skilled workers, professionals with a baccalaureate degree, and others with less than two years experience, such as an unskilled worker who can perform labor for which qualified workers are not available in the United States.

Fourth Preference (EB-4 special workers such as those in a religious occupation or vocation): aliens who, for at least two years before applying for admission to the United States, have been a member of a religious denomination that has a non-profit religious organization in the United States, and who will be working in a religious vocation or occupation at the request of the religious organization.

Fifth Preference (EB-5 Employment Creation) If you would like to be granted immigrant status in the United States for the purpose of engaging in a new commercial enterprise, please see How Do I Become an Immigrant Through an Investment?.

How Do I File a Petition for Alien Worker?

A USCIS Form I-140 (Petition for Alien Worker) must be filed at the USCIS Regional Service Center that serves the area where you will work. Detailed information is provided in the instructions for Form I-140. Filing requirements differ for each category. Please see the appropriate link under related links to Eligibility and Filing for each preference.

For EB-4 special workers (those in a religious occupation or vocation), you or your employer must file USCIS Form I-360 (Petition for Amerasian, Widow(er), or Special immigrant) at the USCIS Regional Service Center that serves the area where you will work. Please see EB-4 Eligibility and Filing for more information.

How Can I Find Out the Status of My Petition?

Please contact the USCIS office that received your application. You should be prepared to provide the USCIS staff with specific information about your application. Please see also Finding the Status of your case.

How Can I Appeal?

If your Petition for Alien Worker is denied, the denial letter will tell you how to appeal. Generally, you may file a Notice of Appeal along with the required fee at the appropriate USCIS Regional Service Center within 33 days of receiving the denial. Once the fee is collected and the form is processed at the Service Center, the appeal will be referred to the Administrative Appeals Unit in Washington, D.C. Sending the appeal and fee directly to the AAU will delay the process. For more information, see How Do I Appeal?.

Can Anyone Help Me?

If advice is needed, you may contact the USCIS District Office near your home for a list of community-based, non-profit organizations that may be able to assist you in applying for an immigration benefit. Please see our USCIS field offices home page for more information on contacting USCIS offices.

[indigosss 0]

Thx you so so so much! thx's for you time, all of you. this is what i needed to know. again thx

How Do I Apply For Immigrant Status Based On Employment?

USCIS Immigrant Status based on Employment

An immigrant is a foreign national who is authorized to live and work permanently in the United States. You must go through a multi-step process to become an immigrant based on employment.

1. The USCIS must approve an immigrant petition (application) that was filed for you, usually by an employer.

2. In most employment categories (See EB-2 and EB-3 eligibility and filing information), a U.S. employer must complete a labor certification request (ETA 750) for you from the Department of Labor's Employment and Training Administration.

3. The State Department must give you an immigrant visa number, even if you are already in the United States. Please see How Do I Get an Immigrant Visa Number?.

4. If you are already in the United States, you must apply to adjust to permanent resident status when a visa number becomes available. Please see How Do I Become a Lawful Permanent Resident while in the United States? If you are outside the United States when an immigrant visa number becomes available, you will be notified to go to the local U.S. consulate to complete the processing for an immigrant visa.

What Does the Law Say?

The legal foundation for getting approval for hiring an alien worker permanently comes from the Immigration and Nationality Act (INA). For the part of the law that addresses employment-based immigrants, please see INA § 201, INA § 202, INA § 203 and INA § 204. Rules published in the Federal Register explain the eligibility requirements for individuals petitioning for employment-based immigration based on specific criteria. They are in the Code of Federal Regulations [CFR] at 8 CFR § 204.5.

Who is Eligible for Employment Based Immigration?

There are five categories of employment based immigration:

First Preference (EB-1 priority workers): aliens with extraordinary ability, outstanding professors and researchers, and certain multinational executives and managers.

Second Preference (EB-2 workers with advanced degrees or exceptional ability): aliens who are members of the professions holding advanced degrees or their equivalent and aliens who because of their exceptional ability in the sciences, arts, or business will substantially benefit the national economy, cultural, or educational interests or welfare of the United States.

Third Preference (EB-3 professionals, skilled workers, and other workers): aliens with at least two years of experience as skilled workers, professionals with a baccalaureate degree, and others with less than two years experience, such as an unskilled worker who can perform labor for which qualified workers are not available in the United States.

Fourth Preference (EB-4 special workers such as those in a religious occupation or vocation): aliens who, for at least two years before applying for admission to the United States, have been a member of a religious denomination that has a non-profit religious organization in the United States, and who will be working in a religious vocation or occupation at the request of the religious organization.

Fifth Preference (EB-5 Employment Creation) If you would like to be granted immigrant status in the United States for the purpose of engaging in a new commercial enterprise, please see How Do I Become an Immigrant Through an Investment?.

How Do I File a Petition for Alien Worker?

A USCIS Form I-140 (Petition for Alien Worker) must be filed at the USCIS Regional Service Center that serves the area where you will work. Detailed information is provided in the instructions for Form I-140. Filing requirements differ for each category. Please see the appropriate link under related links to Eligibility and Filing for each preference.

For EB-4 special workers (those in a religious occupation or vocation), you or your employer must file USCIS Form I-360 (Petition for Amerasian, Widow(er), or Special immigrant) at the USCIS Regional Service Center that serves the area where you will work. Please see EB-4 Eligibility and Filing for more information.

How Can I Find Out the Status of My Petition?

Please contact the USCIS office that received your application. You should be prepared to provide the USCIS staff with specific information about your application. Please see also Finding the Status of your case.

How Can I Appeal?

If your Petition for Alien Worker is denied, the denial letter will tell you how to appeal. Generally, you may file a Notice of Appeal along with the required fee at the appropriate USCIS Regional Service Center within 33 days of receiving the denial. Once the fee is collected and the form is processed at the Service Center, the appeal will be referred to the Administrative Appeals Unit in Washington, D.C. Sending the appeal and fee directly to the AAU will delay the process. For more information, see How Do I Appeal?.

Can Anyone Help Me?

If advice is needed, you may contact the USCIS District Office near your home for a list of community-based, non-profit organizations that may be able to assist you in applying for an immigration benefit. Please see our USCIS field offices home page for more information on contacting USCIS offices.

[pucklechurch 0]

So, you are now married to a USC? But overstayed a visa waiver by less than 180 days? 88 days from the end of your legal stay that's actually less than the 178 you were thinking.

[indigosss 0]

So, you are now married to a USC? But overstayed a visa waiver by less than 180 days? 88 days from the end of your legal stay that's actually less than the 178 you were thinking.

yes I'm marryed to usc. my total stay was 178 days so 88 days over stay.

just found out there is a psoible 4 years waiting for me to get my EB-3 considered. even if i find a sponcer.

but yes, i am marryed to a usc.