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which route is appropriate for my friends?

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Hi,

Sorry if this is the wrong place to post something.

I am writing on behalf of my friends who would like to open a restaurant in the US. What's the best way for them to do this?

They are both French. He is a sous-chef for a Four Seasons George V hotel in Paris. He has worked for some of the best palaces here. He is very talented.

She is very educated (Masters degree) and works in PR. They have been dating for 8 years now so getting married is an option.

He could get transferred to a job in the US as a chef without a doubt, but how would it work for his girlfriend? If they get married, can she come over and get a green card? And, his ultimate goal is to open his own restaurant. Can he get sponsored and leave the sponsor while still remaining in the US or is the visa tied to the work place?

Any help or advice would be much appreciated. They are great people and hard working.

Thanks,

Deborah

 

Spoiler

 

CR-1 visa by Direct Consular Filing in London:

July 01, 2013 Married in Wolfeboro, NH (before returning to U.K.)

July 10, 2013 I-130 sent

July 12, 2013 Notice of Receipt (NOA1)

July 22, 2013 NOA2 approved (10 days)

August 8, 2013 Packet 3 sent but never received.

August 15, 2013 Received case number after enquiry. Booked medical and sent packet 3 forms.

August 31, 2013 Medical

Sept 18, 2013 Packet 3 forms logged into the system

Sept 24, 2013 Packet 4 received (dated September 19)

October 4, 2013 Interview *approved*

October 9, 2013 Passport received

November 12, 2013 POE Los Angeles

November 22, 2013 Social Security Number received

December 20, 2013 Green Card received.

 

Removal of Conditions:

September 4, 2015 I-751 sent

September 8, 2015 NOA

October 8, 2015 Biometrics

April 22, 2016 Approved


 

 

N-400 Naturalization Application:

July 5, 2018 N-400 filed (online)

July 7, 2018 Biometrics appointment letter mailed

July 23, 2018 Biometrics Appointment

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Filed: Citizen (apr) Country: Canada
Timeline

If he gets transferred then the visa is tied to the workplace, I believe it would be an L visa and the wife (no girlfriend derivative visas) would be granted a visa as well.

They are a long way from a green card without a current qualifying relative in the US

good luck

USCIS
August 12, 2008 - petition sent
August 16, 2008 - NOA-1
February 10, 2009 - NOA-2
178 DAYS FROM NOA-1


NVC
February 13, 2009 - NVC case number assigned
March 12, 2009 - Case Complete
25 DAY TRIP THROUGH NVC


Medical
May 4, 2009


Interview
May, 26, 2009


POE - June 20, 2009 Toronto - Atlanta, GA

Removal of Conditions
Filed - April 14, 2011
Biometrics - June 2, 2011 (early)
Approval - November 9, 2011
209 DAY TRIP TO REMOVE CONDITIONS

Citizenship

April 29, 2013 - NOA1 for petition received

September 10, 2013 Interview - decision could not be made.

April 15, 2014 APPROVED. Wait for oath ceremony

Waited...

September 29, 2015 - sent letter to senator.

October 16, 2015 - US Citizen

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Doing some research, I found that the E-2 visa would be most appropriate in their case. It seems...

But, it's a non-immigrant visa showing the intent to go back home once the business is closed. How can you get permanent residency from a non-immigrant visa?

 

Spoiler

 

CR-1 visa by Direct Consular Filing in London:

July 01, 2013 Married in Wolfeboro, NH (before returning to U.K.)

July 10, 2013 I-130 sent

July 12, 2013 Notice of Receipt (NOA1)

July 22, 2013 NOA2 approved (10 days)

August 8, 2013 Packet 3 sent but never received.

August 15, 2013 Received case number after enquiry. Booked medical and sent packet 3 forms.

August 31, 2013 Medical

Sept 18, 2013 Packet 3 forms logged into the system

Sept 24, 2013 Packet 4 received (dated September 19)

October 4, 2013 Interview *approved*

October 9, 2013 Passport received

November 12, 2013 POE Los Angeles

November 22, 2013 Social Security Number received

December 20, 2013 Green Card received.

 

Removal of Conditions:

September 4, 2015 I-751 sent

September 8, 2015 NOA

October 8, 2015 Biometrics

April 22, 2016 Approved


 

 

N-400 Naturalization Application:

July 5, 2018 N-400 filed (online)

July 7, 2018 Biometrics appointment letter mailed

July 23, 2018 Biometrics Appointment

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All work visas kind have the assumption that they're temporary. And that's how you have to treat them, at least at first.

It takes someone working on a suitable work visa in the US many years before they're eligible to go for a GC, and even then that's through their employer agreeing to sponsor one.

Non-immigrant (work) visas are exactly that - non-immigrant.

Green card categories: http://www.uscis.gov/greencard

I know some folks on here have recommended the investment visa - I think that means you are going to pump a certain amount of money into the US/assure X jobs, and that gets an I.mediate GC.

My friend came to the US as an alien of extraordinary ability, and that got him a GC (E11 - right pain, had to prove he'd published books, was worth $$$).

Edited by lost_at_sea

* I-130/CR-1 visa by Direct Consular Filing in London
3rd May 2013 - Married in London

7th May 2013 - I-130 filed
4th June 2013 - NOA2 (approved)
16th July 2013 - Interview (approved)
30th July 2013 - POE San Francisco
29th August 2013 - 2 year green card arrived

 

* How? Read my DCF London I-130 for CR1/IR1 Spouse Guide

* Removal of Conditions (RoC) via California Service Centre
1st May 2015 - 90 day RoC window opened
6th May 2015 - I-751 filed (delivered 8th May, cheque cashed 18th May)
7th August 2015 - Approved / GC production

27th August 2015 - 10 year green card arrived

* Naturalisation (Citizenship) via Phoenix Lockbox

* San Francisco Field Office:
1st May 2016 - N-400 window opened
20th August 2016 - N-400 filed

26th August 2016 - NOA1
13th September 2016 - Biometrics

12th January 2017 - Biometrics (again)
30th May 2017 - Interview (approved)
7th June 2017 - Oath

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Although, I was just reading the GC through a job stuff from the link above, and it doesn't say much about how long someone has to wait before their employer petitions for a GC. I had only thought it was years because that's the experience of my friends in the US following that path. They may have to do some investigation to see exactly how long it would take them.

Edited by lost_at_sea

* I-130/CR-1 visa by Direct Consular Filing in London
3rd May 2013 - Married in London

7th May 2013 - I-130 filed
4th June 2013 - NOA2 (approved)
16th July 2013 - Interview (approved)
30th July 2013 - POE San Francisco
29th August 2013 - 2 year green card arrived

 

* How? Read my DCF London I-130 for CR1/IR1 Spouse Guide

* Removal of Conditions (RoC) via California Service Centre
1st May 2015 - 90 day RoC window opened
6th May 2015 - I-751 filed (delivered 8th May, cheque cashed 18th May)
7th August 2015 - Approved / GC production

27th August 2015 - 10 year green card arrived

* Naturalisation (Citizenship) via Phoenix Lockbox

* San Francisco Field Office:
1st May 2016 - N-400 window opened
20th August 2016 - N-400 filed

26th August 2016 - NOA1
13th September 2016 - Biometrics

12th January 2017 - Biometrics (again)
30th May 2017 - Interview (approved)
7th June 2017 - Oath

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Share on other sites

Although, I was just reading the GC through a job stuff from the link above, and it doesn't say much about how long someone has to wait before their employer petitions for a GC. I had only thought it was years because that's the experience of my friends in the US following that path. They may have to do some investigation to see exactly how long it would take them.

For him, I was thinking about an E-2 visa. So he could not be sponsored by the employer for a green card...

The investment visa is not do-able though because you need to invest a LOT of money and employ at least 10 people I think. That being said, he wants to open a small French restaurant so that is complicated in that sense...

And I don't know if he would qualify for extraordinary visa in the sense that he is just a really good chef, but I don't think that counts as extraordinary... As much as I would like it to be!

 

Spoiler

 

CR-1 visa by Direct Consular Filing in London:

July 01, 2013 Married in Wolfeboro, NH (before returning to U.K.)

July 10, 2013 I-130 sent

July 12, 2013 Notice of Receipt (NOA1)

July 22, 2013 NOA2 approved (10 days)

August 8, 2013 Packet 3 sent but never received.

August 15, 2013 Received case number after enquiry. Booked medical and sent packet 3 forms.

August 31, 2013 Medical

Sept 18, 2013 Packet 3 forms logged into the system

Sept 24, 2013 Packet 4 received (dated September 19)

October 4, 2013 Interview *approved*

October 9, 2013 Passport received

November 12, 2013 POE Los Angeles

November 22, 2013 Social Security Number received

December 20, 2013 Green Card received.

 

Removal of Conditions:

September 4, 2015 I-751 sent

September 8, 2015 NOA

October 8, 2015 Biometrics

April 22, 2016 Approved


 

 

N-400 Naturalization Application:

July 5, 2018 N-400 filed (online)

July 7, 2018 Biometrics appointment letter mailed

July 23, 2018 Biometrics Appointment

Link to comment
Share on other sites

 
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