American fiancé and a job offer - which way to go?

[LisDem 0]

Hi everyone,

I'm new to this forum and hope that somebody out there can help me.

I was in the US last year for an internship, during which time I fell in love with an American who is now my fiancé. I finish my studies next summer and want to go back to America for at least a year or two to live with my fiancé and work in the company I was interning with (they offered me a job). At the moment the plan for us is to live in America for a year or two, then come back to my homecountry (Denmark) and live more permenantly, but still with the possibility of potentially going back to the US to live for a few years sometime in the future.

For now we are trying to figure out the easiest way for me to stay in America starting next summer. Since I've got a job offer I could apply for a visa through them. Could I also apply as a temporary worker? Or, should we instead go for the family based visa and get married? Which visa, that allows me to stay and work in America for a few years, is the easiest way to go?

I really look forward to hearing from you!

Kind regards,

L

[canadian_wife 1,822]

What does the employer say? What visa would they petition for, THEY are the ones who initiate the work visa, not you.

If you are not interested in obtaining PR status through your fiancé, the it isn't really advisable to go that route

good luck

[LisDem 0]

Thanks for your reply!

I am still just trying to figure out what my options are - I haven't talked with the employer about details, they have just told me that if I choose to come back, they have a job for me and will help with the visa.

I am not sure what you mean by me not being interested in obtaining permanent residency through my fiance (sorry, I'm very new to all of this). If that is the easiest way to go and it doesn't change anything in terms of moving to Denmark later, then I am definitely interested in that option too.

[Harpa Timsah 13,258]

Through the employer, for sure. But you need to ask them about their plans and figure out what visa they are applying for before you make plans. Do they know what they are doing? There are no general employment visas to the US, the visas are only for work for a specific employer.

[LisDem 0]

OK - thank you!

They have never had a foreigner working for them before, so no - unfortunately they don't know what they are doing.

As I understand, they have to demonstrate that they need me and that I am filling a spot that could not be filled by an American (basically, that I am not stealing the job from an American!) Will it be enough, that I have been an intern there, and therefore have experience in the company already that no Americans do?

[canadian_wife 1,822]

The employer must go through the work visa process for you, I suggest you get in touch with them.

If you do not want to marry your fiancé, and obtain permanent residency status, then work visa for sure

good luck

[LisDem 0]

Ok, thank you both very much!

[Harpa Timsah 13,258]

OK - thank you!

They have never had a foreigner working for them before, so no - unfortunately they don't know what they are doing.

As I understand, they have to demonstrate that they need me and that I am filling a spot that could not be filled by an American (basically, that I am not stealing the job from an American!) Will it be enough, that I have been an intern there, and therefore have experience in the company already that no Americans do?

It might be enough... but then you also have to have a degree and other requirements. If they are thinking H1B, then those usually "sell out" in a day or so so they'd have to be on their game and hire a lawyer to figure it all out.

H1B is also dual intent, so you can get that visa for work and also have plans to marry your fiance and get permanent residency through him.

I would talk to the company and figure out if they can pull it off. I think a lot of employers would love to hire someone they know abroad, but it's easier said than done. It also costs like, $5,000?