IN A STATUS LIMBO

[msbau764 245]

For your information, anyone, including a tourist, can come to the US, start a corporation and open a business. There is nothing illegal about it. Each corporation has it's own Federal Tax ID and it is perfectly legal for the corporation to make money in this country. The corporation is TAXABLE.

Not everyone is lucky enough to fall in love and get married so easily, or to have the perfect job that gets them a Green Card or a work permit straight away.

I have the same right as you to live in this country.

And, once again, I am NOT trying to do anything illegal. I just wanted to see if I could get some advice on any other visa we hadn't yet considered. I wanted to CHANGE MY STATUS, not BREAK THE LAW.

By the way, our intention with the business was not to make money in the US (for now, at least), but to obtain the Investor Visa. We have been doing it all WITH A LAWYER.

Anyway, thanks again. Obviously I came to the wrong place because there are far too many angry folks here. I'll go elsewhere with my questions.

Europe is a great place. I am lucky to have been born in the States, but you are equally as lucky to have been born in Spain. You can move freely within the EU. Yes, it may take a while to find a job, but once you do you will be fine. Not to mention the more generous state benefits for people in your situation. If you were from Africa, maybe just maybe some people here would feel a slight bit of empathy. But you are returning to an industrialized nation. It is NOT that bad over there. Pull up your boot straps and make a life for yourself in the EU. There are opportunities for your talented hubby over there.

[selalu 0]

Thank you msbau764, but Spain IS that bad. It is, I guess, an industrialized nation, but it is 100 years behind in mentality and customs. I wouldn't live there again for the world.

I lived in several countries in Europe and they are fine. I enjoyed them when I didn't have kids. But they were not family-friendly. And unfortunately I don't have the money or the time to explore a few other countries that I haven't previously lived in. I want to raise my kids here, and our home is now here.

Honestly, it's not empathy we need, just some advice. Living in Spain can be just as bad as living in Africa. It all depends on your situation. Salaries in Spain are the lowest I've ever seen in Europe, and housing is horribly expensive. People are closed-minded and rude... I'd rather live in Africa, actually!

Anyway, thanks again but I won't be coming back. I don't want to waste anyone else's time.

[msbau764 245]

Thank you msbau764, but Spain IS that bad. It is, I guess, an industrialized nation, but it is 100 years behind in mentality and customs. I wouldn't live there again for the world.

I lived in several countries in Europe and they are fine. I enjoyed them when I didn't have kids. But they were not family-friendly. And unfortunately I don't have the money or the time to explore a few other countries that I haven't previously lived in. I want to raise my kids here, and our home is now here.

Honestly, it's not empathy we need, just some advice. Living in Spain can be just as bad as living in Africa. It all depends on your situation. Salaries in Spain are the lowest I've ever seen in Europe, and housing is horribly expensive. People are closed-minded and rude... I'd rather live in Africa, actually!

Anyway, thanks again but I won't be coming back. I don't want to waste anyone else's time.

The economy in Germany is very good. To me, it reminded me of the US a lot. That would be my advice. Good luck!

[Pickle 65]

You say you are looking for advice. I've seen plenty of posts on this thread giving you the facts as it is and advice with that. However, it wasn't the advice you were hoping for (aka no one mentioned the imaginary XYZ visa you can apply for to stay here), so you disregarded all the advice and made it off as people being rude. All I can say is good luck with your journey.

[cdneh 3,112]

You say you are looking for advice. I've seen plenty of posts on this thread giving you the facts as it is and advice with that. However, it wasn't the advice you were hoping for (aka no one mentioned the imaginary XYZ visa you can apply for to stay here), so you disregarded all the advice and made it off as people being rude. All I can say is good luck with your journey.

It's a frequent occurance on VJ. The "I want to hear what I want to hear" no matter what the actual facts are. Then then get all bent out of shape when the advice doesn't go the way they want. This person may think she is a citizen of the world, and can live anywhere she pleases, but she is mistaken. There is no way for her to adjust status, and assume what she thinks is her right to live in the USA. She hasn't got any rights at this point. A sensible honest person would pack up and go before she's pushed. If nothing else for the sake of her children.

[Pickle 65]

It's a frequent occurance on VJ. The "I want to hear what I want to hear" no matter what the actual facts are. Then then get all bent out of shape when the advice doesn't go the way they want. This person may think she is a citizen of the world, and can live anywhere she pleases, but she is mistaken. There is no way for her to adjust status, and assume what she thinks is her right to live in the USA. She hasn't got any rights at this point. A sensible honest person would pack up and go before she's pushed. If nothing else for the sake of her children.

Exactly. And about being a "citizen of the world"--so just tell CBP you are a citizen of the world and they will let you in because you then suddenly have the right to enter? (As OP said, she has the right to live in this country...)

[calvm 10]

I believe you can get H1B for chef's. The problem you may have is timing with H1B availability. I would suggest explore that quickly. I did some quick search online and I was able to find a few lawyers - you may have an initial consultation with them. As far as managing F1 is concerned - you dont have much choice there - you will have to maintain the course load which qualifies your husband for a full time status.

Also - if you can swap - you can apply for a F1 while your husband can be your F2 giving him time to work out his H1B.

Good luck

Hi everyone. I'm so glad I found this site.

Here's our situation:

We came to the US (from Spain) in October 2009 on a Student Visa (my husband has the F-1 and my kids and I have the F-2).

Our idea was to apply almost immediately for an H-1B Visa through my husband. For two years we had prepared everything for our move, and we thought we'd done our homework. Two weeks after our arrival in the US we found a sponsor for my husband. Everything was going so well. Until we were informed by one lawyer, and then another and another still, that my husband cannot apply for an H-1B visa because he is a chef.

Edited September 14, 2014 by calvm

[AnotherLostSoul 167]

While I understand the OP's wish to stay here, she has to draw the line and start to provide a stable life to her kids. Seems, she is financially broken at this point, she would be way better off in Europe, either back in Spain, or elsewhere. I have friends who came to US for a couple years on an F1, they told me the bad side of Spain, but also the good side. Sounds to me that, even if Spain is 100 years behind, considering the former Soviet Union countries that are 250 years behind, Spain is still a good country. Anyway, not saying OP must return to Spain, can choose any other countries in Europe, but instead of so deeply focusing on fighting with tooth and nails to stay in the US realize this is not a feasible option anymore. She has to be a bit more realistic than that. Anyway, wish her the best with whatever she decides.

[Boiler 45,516]

He does not need a Lawyer, needs an Employer.

Still intrigued that he is now starting his 6th year studying here, wonder what that could be?

[AnotherLostSoul 167]

One more thing OP: no offense, but you also seem very close minded and rude...just as you said people are in your country...I guess the apple does not fall from its tree, does it?

[Rob L 3,811]

I am sorry that you have received so much negative feedback and accusations for laying out your desire to stay and contribute to our country. Labels such as troll and lawbreaker do little to help you or anyone reading this and apparently are very offbase.

Assuming that a H-1B Visa is unlikely ( I dont think it is impossible)

you still have ( as some helpful folks have pointed out) the Entrepenuer visas route. The issue is you will need to show access to funds that will help with your support and business activities. The funds do not necessarily have to be your own. It may be a long shot but you have already expressed desires to create something new in this country. Passion over Spanish cuisine is growing in this country, I hope you are able to find an opportunity to contribute to this country.

Hi everyone. I'm so glad I found this site.

Here's our situation:

We came to the US (from Spain) in October 2009 on a Student Visa (my husband has the F-1 and my kids and I have the F-2).

Our idea was to apply almost immediately for an H-1B Visa through my husband. For two years we had prepared everything for our move, and we thought we'd done our homework. Two weeks after our arrival in the US we found a sponsor for my husband. Everything was going so well. Until we were informed by one lawyer, and then another and another still, that my husband cannot apply for an H-1B visa because he is a chef.

We were devastated. We had been wrongly informed in Spain. Our dreams were shattered and we had little other options. For years we tried to apply for an investor visa, but they require so much money and aren't even a guarantee of anything. You invest the money, you apply, and you can easily be denied the visa.

Since then, we have been following ALL the rules. My husband goes to class religiously, we pay for his classes in order to maintain the visa, and he makes sure to attend the minimum of hours required. He has never had an issue. We have avoided working because we're not allowed to, and we are responsible members of our community. We have made many friends here and our kids are growing up here and this is now our home.

We have spent thousands and thousands of dollars here, and never cost the country 1 cent. We pay for our car insurance, we have our legal driver's licenses, we have health insurance and we even spent money on vacations and other "extra" things when we could afford it. We volunteer, we foster animals, we help the homeless and we deliver meals to the needy. We are doing things right and trying to be good "citizens".

When we arrived we had a lot of savings. We had saved every single penny we got as wedding gifts and from working very hard in Spain. But our money is running out. We barely have enough for a couple more months.

We opened a business 6 months ago (through a corporation) and it hasn't gone well. It has been a total disaster and we are trying to sell it to somebody who will be more successful than us. This has made us lose a horrible amount of money, and we are now pretty stranded, living in the Bay Area which we can't afford anymore.

Our plan is to move to Colorado as soon as we sell the business, and try to start a new one there. My husband is an amazing chef and we'd love to start a sort of tapas bar. We are very creative and hard workers and we'd love to have a little business in Boulder to add to the color and culture of that city.

Our problem is that we now have nothing. Our money is almost gone (except for the money we will potentially get from one business to invest in the next). We can barely pay the rent. We don't even have enough money to move until we sell our business. And worst of all, my husband still has to go to class. As soon as we move, he'll have to go 4 days a week. How on earth is he going to be able to have his own business if he is in class 4 days a week?

We are stuck. We are in a sort of limbo between being legal residents and being illegal. We are paying for our visa but have no advantages whatsoever. We have no time to work and no rights to loans or credit cards or that sort of thing. We would never be able to buy a house in our situation.

For 5 years we have refused to let our status turn to illegal, but now find that we don't have that much of a choice. But it's so scary.

All the lawyers we have seen say that our case is very particular and very complicated... but none of them seem to be able to help us out.

Can anybody give us some advice?

Thank you so much in advance.

[AnotherLostSoul 167]

Rob: I believe the OP got negative feedbacks and accusations because she kept slamming back on people. Read the first couple of replies and how she reacted to them. People merely told her facts, and how her situation seems right now, and she attacked back. I do agree, some posts gone a bit far, (such as labeling someone as stroll and lawbreaker is insultive, and does not help) but it also seems the OP simply wanted to hear that she can easily stay, and not hearing this immediately back made her just snap at the people who intially replied. Anyway, I still stand to wish her luck and her family with whatever they pursue. I think it is just a very sensitive situation as people here are focusing so much on going by the book and then they just get a bit furious reading someone is at the edge of becoming illegal which makes them irritated. But again, this is my opinion what caused some of these responses escalate to what they have became and why. :/

I am sorry that you have received so much negative feedback and accusations for laying out your desire to stay and contribute to our country. Labels such as troll and lawbreaker do little to help you or anyone reading this and apparently are very offbase.

Assuming that a H-1B Visa is unlikely ( I dont think it is impossible)

you still have ( as some helpful folks have pointed out) the Entrepenuer visas route. The issue is you will need to show access to funds that will help with your support and business activities. The funds do not necessarily have to be your own. It may be a long shot but you have already expressed desires to create something new in this country. Passion over Spanish cuisine is growing in this country, I hope you are able to find an opportunity to contribute to this country.

[hanamericana 1]

For your information, anyone, including a tourist, can come to the US, start a corporation and open a business. There is nothing illegal about it. Each corporation has it's own Federal Tax ID and it is perfectly legal for the corporation to make money in this country. The corporation is TAXABLE.

Not everyone is lucky enough to fall in love and get married so easily, or to have the perfect job that gets them a Green Card or a work permit straight away.

I have the same right as you to live in this country.

And, once again, I am NOT trying to do anything illegal. I just wanted to see if I could get some advice on any other visa we hadn't yet considered. I wanted to CHANGE MY STATUS, not BREAK THE LAW.

By the way, our intention with the business was not to make money in the US (for now, at least), but to obtain the Investor Visa. We have been doing it all WITH A LAWYER.

Anyway, thanks again. Obviously I came to the wrong place because there are far too many angry folks here. I'll go elsewhere with my questions.

If your husband is qualified to be specially skilled in Spanish cuisine, he may be able to apply for O-1 (visa for extraordinary talent).

I have known some Japanese sushi chefs come to the states with it.

But I know it requires lawyer and money, and proof of him being special (I looked into it since I am a musician).

If not then, you probably would want to work harder to convince good tapas restaurant owners to hire him and sponsor him for H-1 or E-2.

Meanwhile, he should work legally ON CAMPUS (up to 20 hours) or apply for OPT for economic hardship. That will allow him to work outside of campus.

One of my friends was working with it since she could not get the support she was getting from her family due to her father's health problem.

I am pretty sure everyone here wants to help, not to attack you! You sound like you are taking everyone's comments wrongly and harshly.

Good luck!

Edited September 14, 2014 by hanamericana

[Ian H. 207]

Has your husband considered applying for OPT? I'm not sure if he qualifies for it because I don't know how that works, but if he does he would be able to work under that program. What kind of degree is he getting? I think it's possible that while on OPT he may be able to find an employer willing to sponsor him, but as a chef I'm not sure.

If you have exhausted all legal pathways to stay here then I suggest you return abroad and don't risk the possibility of being able to enter the US legally in the future.

If it's that bad in Spain you can consider other countries in the EU. Also, as mentioned before, being a citizen of the EU is a great privilege. You are allowed to live in any of the Schengen countries.

Three of my cousins became citizens of Spain through their grandfather or something and they're still in the DR because they don't want to move. I'm so jealous lol. I would love to have the opportunity to live in the UK, Italy, or Portugal for example.

Also going back to Europe, as a citizen, you should be able to qualify for financial help. I'm sure they have public programs that assist those in need like they do here. This is the best advice I could give you. Good luck.

To others who said that the OP may become dependent on the government or something like that; that's not true. Someone who is either illegal or on a nonimmigrant visa does not qualify for welfare or food stamps or public housing or similar public benefits. I don't understand why people always seem to think our government is that silly.

[Mollie09 1,543]

To others who said that the OP may become dependent on the government or something like that; that's not true. Someone who is either illegal or on a nonimmigrant visa does not qualify for welfare or food stamps or public housing or similar public benefits. I don't understand why people always seem to think our government is that silly.

"Moreover, illegal immigrants were already barred from using welfare programs. But this has not prevented a large share of immigrant households from accessing welfare programs for a number of reasons: First, most legal immigrants have been in the United States for more than five years. Second, the ban only applies to some programs. Third, some state governments provide welfare to new immigrants with their own money. Fourth, by becoming citizens immigrants are eligible for all welfare programs. Fifth, and perhaps most important, the U.S.-born children of immigrants (including those born to illegal immigrants) are automatically awarded American citizenship and are therefore eligible for all welfare programs at birth. If we wish to reduce welfare use for immigrants and their young children, then we would need to select immigrants in the future who are less likely to need the assistance of such programs. Trying to bar them from using programs after they have arrived is not likely to work."

http://cis.org/immigrant-welfare-use-2011

Edited September 14, 2014 by F1H1I130