Can my father sponsor my future wife for a work visa in the US?

[visagreenhorn 4]

Currently, my gf is living in Beijing. She wants to get out as soon as possible because the pollution is terrible and only getting worse. She also has a young child and wants a cleaner environment for him to live in. Her company will most likely be able to transfer her to work at a branch in Singapore, but in the long run she wants to live with me in the US. My father owns a company here in California and is willing to help me get her over here. I'm wondering if it is possible if he can sponsor a work visa (long or short term) through his company for her to come work legally here in the US? I would be able to get married with her here later as well. I don't really want to go the K-1 route because that would pin her down in Beijing for about a year since she needs to stay in China the entire time to be able to get the K-1 visa and have her interview in Guangzhou. I really hope that the work visa route is possible. I would greatly appreciate any information regarding this.

Best Regards,

Robert

[Penguin_ie 5,993]

IF she has the skills matching your father's business, and such skills are ones that your dad cannot get someone in the US to do the work (say, computer programmer with rare language), then yes, he can sponsor her. it will cost about $5000+, and will likely take longer than a K1 or CR-1 spousal visa though.

FYI, going the K1 fiance or CR-1 spousal visa route does not tie her down to China. She can interview anywhere she is legally resident, ie Singapore if she has a work visa for there.

[Boiler 45,525]

Certainly possible, time and cost depends on the specifics. I would start with getting your Father to talk to the Company Immigration Lawyer.

[visagreenhorn 4]

IF she has the skills matching your father's business, and such skills are ones that your dad cannot get someone in the US to do the work (say, computer programmer with rare language), then yes, he can sponsor her. it will cost about $5000+, and will likely take longer than a K1 or CR-1 spousal visa though.

FYI, going the K1 fiance or CR-1 spousal visa route does not tie her down to China. She can interview anywhere she is legally resident, ie Singapore if she has a work visa for there.

Well that is really good to know. I thought that she had to stay in China the entire time, which she doesn't want to do. I will try getting her over here on an H-1B visa first and if that doesn't work out go the spouse visa route while she is in Singapore. Yes, she will have a work visa through her current company to legally work in Singapore. So if I went the K-1 route, she would end up having her interview in Singapore? That sounds good to me and I'm sure she will be happy to hear about this as well. Thanks for this important piece of information.

My girlfriend has a BA in Accounting, which would help out my father's company. She is currently doing admin work and she does a lot of event planning and other things as well. She has a lot of useful jobs skills, she is loyal and has been with her current company for ten years. She is bilingual. She isn't fluent in English, but her English is really good and she speaks native Mandarin. As for what to say to convince the US government that she is worth hiring over a US citizen...I was thinking of just having him say they met on LinkedIn and she mentioned to him that she is looking for work in the US. That they have been corresponding with each other for a while. Also, that my father needs someone who can speak Mandarin to reach out to the many Chinese communities here in Orange County and LA County. I hope that aside from her degree and job skills, that this reason would work? If say she is rejected a work visa, could we re-apply again and again until she gets one? I hope to hear from you soon and thanks again.

Edited April 5, 2014 by visagreenhorn

[visagreenhorn 4]

I also wanted to clarify, she can be anywhere in the world when my father petitions her for the H-1B visa as well?

My father owns a security (as in security guards) company. Maybe he can hire her as an accountant, secretary, etc.

[belinda63 3,038]

1. She can interview in any country in the world where she is legally residing.

2. Accountants are a dime a dozen in the US.

[Penguin_ie 5,993]

Accountancy or secretary won;t get her a visa, esp not a H1B. Additionally, she won;t get a H1B for this year at this stage, so the earliest would be submit in April 2015 to start work in October 2015. K would be faster

[Darnell 8,478]

As for what to say to convince the US government that she is worth hiring over a US citizen...I was thinking of just having him say they met on LinkedIn and she mentioned to him that she is looking for work in the US. That they have been corresponding with each other for a while. Also, that my father needs someone who can speak Mandarin to reach out to the many Chinese communities here in Orange County and LA County.

There are about 11,000 (give or take 179) humans in those two counties that meet the demographic described.

So, no, DoS and USCIS won't allow for the slotting for the H1-B for your father, he will not be able to 'prove up' the stuff he needs to prove up.

Fastest way for you, is to file the I-129F on Monday, then when the casefile is at NVC for a week, rehome the approved petition (AT NVC) to which ever country yer lass is gonna be in.

[MacUK 983]

As for what to say to convince the US government that she is worth hiring over a US citizen...I was thinking of just having him say they met on LinkedIn and she mentioned to him that she is looking for work in the US. That they have been corresponding with each other for a while.

It's not a case of her being 'worth' more to hire over a US citizen, the US government policies are in place to protect American jobs. A US citizen will ALWAYS have priority in their eyes over a foreign applicant.

And your ideas to get your dad to just tell them they met over linkedin will backfire on you, unless that is the absolute truth. Any lies or misrepresenting of facts in an application would have serious consequences including her NEVER being able to live in the states.

Think about it, your dad just happens to randomly chat to someone online and offers them a job and without him knowing it just happens to be your fiance?

As for keep applying for the work visa until she gets it? If your dad is willing to spend the thousands of dollars to do it and pay a lawyer....

Edited April 5, 2014 by MacUK

[Boiler 45,525]

H1's do not to convince anybody they are worth hiring over a USC.

Get a transfer to the US rather than Singapore, problem solved.

[visagreenhorn 4]

Well, after reading the above comments, I believe that the K-1 visa route is the best option. Since my gf will be working in Singapore for 2 years to gain more job skills, I will wait to start the K-1 visa process until she arrives in Singapore. I thought about working and living in Indonesia while she is in Singapore. I'm assuming that I will have to remain in the US the entire length of the K-1 visa process correct? I heard that traveling is ok, but not living abroad while this is being done? If that is the case, I can just stay in the US or just travel to Indonesia for just a vacation.

[Darnell 8,478]

No, it doesn't matter where the USCitizen Petitioner is, anywhere on the planet.

Still, with that in mind, must be able to prove up USA Income, USA Taxes, USA Domicile, on the petitioner, on interview day.

[Avery Cates 1,141]

My girlfriend has a BA in Accounting, which would help out my father's company. She is currently doing admin work and she does a lot of event planning and other things as well. She has a lot of useful jobs skills, she is loyal and has been with her current company for ten years. She is bilingual. She isn't fluent in English, but her English is really good and she speaks native Mandarin. As for what to say to convince the US government that she is worth hiring over a US citizen...I was thinking of just having him say they met on LinkedIn and she mentioned to him that she is looking for work in the US. That they have been corresponding with each other for a while. Also, that my father needs someone who can speak Mandarin to reach out to the many Chinese communities here in Orange County and LA County. I hope that aside from her degree and job skills, that this reason would work? If say she is rejected a work visa, could we re-apply again and again until she gets one? I hope to hear from you soon and thanks again.

Terrible idea, all around. Falsifying information to the government could very easily lead to a permanent ban for her. The plan seems to be to get her over here on whatever visa will just let her in the country with the intent to immigrate, and that's pretty fraudulent.

There's no way, even with a... erm... "cleverly" spun talk, that the US would believe for a second your father couldn't find someone for admin/accounting work. You can pretty much pick up anyone off the street for that.

[Boiler 45,525]

My Brother is an Accountant, he did a stint in the US on a work visa.

No good at event planning and does not speak Mandarin.

[visagreenhorn 4]

No, it doesn't matter where the USCitizen Petitioner is, anywhere on the planet.

Still, with that in mind, must be able to prove up USA Income, USA Taxes, USA Domicile, on the petitioner, on interview day.

So I could be working and living in Indonesia or anywhere outside of the US and just petition at the US embassy in the country I'm in? Would I be able to start the petition process now while I'm still in the US and she is still in China and just continue the process even after I go to Indonesia and she goes to Singapore? I just hope the US government doesn't look at this suspiciously or deny us for the bouncing around mid-process? If it would be better to hold off on starting the process after we both go abroad, then I'm fine with this option as well.

Terrible idea, all around. Falsifying information to the government could very easily lead to a permanent ban for her. The plan seems to be to get her over here on whatever visa will just let her in the country with the intent to immigrate, and that's pretty fraudulent.

There's no way, even with a... erm... "cleverly" spun talk, that the US would believe for a second your father couldn't find someone for admin/accounting work. You can pretty much pick up anyone off the street for that.

After more research on this, I agree. We both want to stick with the K-1 visa route instead. It would be a lot cheaper and faster as well.