Help needed please. No idea where to start..

[MichaelTaylor 0]

Hey everybody,

So I just wanted to outline my entire situation here on Visajourney and maybe you guys will be able to put me in the right direction as to what applications I should be filling out, because I am not really sure what I should be applying for. I might be overcomplicating this, but it is my first time applying for visas and I find the process and websites very very confusing.

My name is Michael, and I'm a 20 year old Qualified Sports Turf Manager from Sydney in Australia. I completed a 4 year apprenticeship to attain my qualifications in Sports Turf Maintenance. I have a girlfriend who is an American citizen, and she lives in New York and studies at College in Connecticut. Basically our situation is that we want to live together as soon as possible after she finishes college (mid 2016), and we want to know which process would allow us to fulfil our dreams. I am also hopeful of working in the United States next year.

My girlfriend and I are hoping to get married soon, and we are negotiable as to whether we tie the knot in the USA or Australia (does that make a difference)?

If we get married and my girlfriend becomes and independent, does that affect her college loans or insurance plans? Could it affect anything else?

What I have ascertained so far is that there a few options available for me....but I am no expert.

1: I apply for a H2-A working visa and start work in the US next year. We get married when I'm there and apply for a green card?

2: I apply for a Fiance Visa, we get married in the USA and then I apply for a change of status to allow myself to work while we apply for a green card?

3: We get married in Australia and apply for green card while she stays with me here in Australia? I think I read somewhere that processing times are quicker for couples outside the USA..is that true?

I'm basically asking what our best options are for me to work in the United States next year, and to get a Green Card as soon as possible through marriage? Also if we get married while she's still in college what consequences that might have for my girlfriend?

I hope I made some sort of sense and can get some guidance through this great community!

[NancyNguyen 1,657]

1. That's call visa fraud, you have intention of staying on a nonimmigrant visa. Don't even think about it or state it here.

2. & 3. Up to you. What you mentioned is direct consular filing. You must meet some requirements for it. Please read the guide section. Good luck.

[MichaelTaylor 0]

I have no intention of committing visa fraud.....so it would not be possible at all to work in the USA next year AND get married under any kind of arrangement or visas?

[WestWolf 0]

I have no intention of committing visa fraud.....so it would not be possible at all to work in the USA next year AND get married under any kind of arrangement or visas?

Obtaining a nonimmigrant visa implies that you have intention to leave. If you have the intention to marry while in the US and stay, pending AoS, and with that intent, proceed to get a nonimmigrant visa, that is visa fraud as far as USCIS is concerned. If you met someone while on holiday/work, that would be different, but they will dig into your history to find out whether or not that is the case and may refuse you if they discover an existing relationship.

Personally, I would suggest a K-1 (fiancee) visa. Unfortunately, that still puts you about 12mths away from setting foot in the US as an immigrant.

When was the last time you met in person, and where?

There may be the option to get your working visa, then apply for a K-1 while you're over there working, then leave the US once your working visa expires and return once your K-1 is finalised. That would allow you to see each other sooner and minimise your time apart.

Edited October 26, 2014 by WestWolf

[WestWolf 0]

There's also the option to start a K-1 (budget a couple of grand, btw), then work your butt off here for a while (at what I suspect will be a far preferable rate/conditions) and then visit your gf on a visa waiver for <90 days on a VWP (visa waiver) somewhere in the middle. If you choose to do this, be prepared to be scrutinised upon entry and to present proof of intent to leave (existing job back in Oz, return tickets, etc etc, will all be helpful).

Depending on her field, living/working in Australia while your visa application does its thing may be preferable.

Edited October 26, 2014 by WestWolf

[MichaelTaylor 0]

Obtaining a nonimmigrant visa implies that you have intention to leave. If you have the intention to marry while in the US and stay, pending AoS, and with that intent, proceed to get a nonimmigrant visa, that is visa fraud as far as USCIS is concerned. If you met someone while on holiday/work, that would be different, but they will dig into your history to find out whether or not that is the case and may refuse you if they discover an existing relationship.

Personally, I would suggest a K-1 (fiancee) visa. Unfortunately, that still puts you about 12mths away from setting foot in the US as an immigrant.

When was the last time you met in person, and where?

There may be the option to get your working visa, then apply for a K-1 while you're over there working, then leave the US once your working visa expires and return once your K-1 is finalised. That would allow you to see each other sooner and minimise your time apart.

Understood with the non immigrant visa. I guess its not really an option to do that then.

We last met in New York 2 months ago. We spent 1 month together travelling all around Long Island and playing sport.

I do like the idea about getting my working visa and applying for the K-1 while I'm over there. Solid. I guess that just puts us living together on a green card in the US back a bit though as it is an extra process and time to go through. I am quickly finding out that things are not going to happen quickly for us unfortunately.

There's also the option to start a K-1 (budget a couple of grand, btw), then work your butt off here for a while (at what I suspect will be a far preferable rate/conditions) and then visit your gf on a visa waiver for <90 days on a VWP (visa waiver) somewhere in the middle. If you choose to do this, be prepared to be scrutinised upon entry and to present proof of intent to leave (existing job back in Oz, return tickets, etc etc, will all be helpful).

Depending on her field, living/working in Australia while your visa application does its thing may be preferable.

If I started the K-1 visa tomorrow...how long would it take me to receive approval on that?

And once we marry in the US on the K-1 Visa, how long would it take to receive my green card from there?

Can I live and work during that time of the AoS in the US?

What if we got married over there, then while they were re-adjusting my status we both come back over here to Australia until I receive the Green Card?

Would you happen to know if we got married next year while she's in college, what changes come about as she would now be an independent? She has said it would affect her FAFSA, and possibly her insurance scheme, and I'm wondering if I am missing anything else.

Appreciate the help!

[Boiler 45,525]

You are a groundsman?

I would imagine the chances of finding an employer to sponsoe a temp work visa is slim.

[MichaelTaylor 0]

You are a groundsman?

I would imagine the chances of finding an employer to sponsoe a temp work visa is slim.

No, not a groundsman.. Qualified Sports Turf Manager. I have completed my qualifications over 4 years and have a certificate 3 in it. I don't have a shortage of employers to sponsor me due to a lot of networking over the last 3 years in the United States.

[Cathi 5,755]

No, not a groundsman.. Qualified Sports Turf Manager. I have completed my qualifications over 4 years and have a certificate 3 in it. I don't have a shortage of employers to sponsor me due to a lot of networking over the last 3 years in the United States.

Just because you have networked a lot and just because you may have someone willing to sponsor you, doesn't mean they can. In order to get a work visa the employer must prove that they cannot find anyone in the US qualified to fill the position, the US does not allow foreigners to come here and take jobs away from Americans. And even if it were to happen, coming here with a work visa with the intent to marry and adjust status is visa fraud and will result with a denial and a ban for life from the US with no appeal. End of story.

You need to start doing your research. You have 2 options. A K-1 or a CR-1. Start by reading the guides at the top of the page and come back and ask if you have any questions after reading.

[Boiler 45,525]

H2a is for agricultural workers. So that isout

Lot to be said for going the work sponsorship route. Not sure what that would be. But that would depend on the Employer and their Lawyer.

[NYCruiser 423]

1. That's call visa fraud, you have intention of staying on a nonimmigrant visa. Don't even think about it or state it here.

2. & 3. Up to you. What you mentioned is direct consular filing. You must meet some requirements for it. Please read the guide section. Good luck.

I would imagine since you have stated you want to get married on an OPEN forum such as this (and don't believe for a moment we are not being monitored), I would forgo any non-immigrant visa application of any kind UNLESS you upfront tell the USCIS or USE in Sydney that you have a girlfriend in CT. Then they will decide.

At the POE they will ask you in detail again about this.

Since she is in CT the K1 visa application goes to the Texas Service Center which is taking over 6 months to process. With the embassy processing etc, the total could be over 8 months. During that time I don't know if you can come in on the VWT for a visit here...someone pipe up here?

[Boiler 45,525]

There is a whole alphabet of work visa's, the commonality is that they are handled by Immigration Lawyers.

I for one would be interested in knowing which one would be proposed.

They all are different in their details.

VJ has a section on adjusting from nonimmigrant visa's.

[XXXYYYZZZ 20]

Sorry but getting an employment visa is slim. This requires an employer to sponsor the visa and it is not cheap for the employer. This is usually done for IT, engineering, research or another tech related field.

Entering the US with intent to immigrate during that visit on a non immigrate visa is fraud; you can enter with later immigrant intent such as you have filed and application will return to your home country to complete the process. You just started your intention on a public forum that is monitored by immigration officials.

Your options are K-1 or CR-1. Your girlfriend can filed the K-1 today. If you chose CR-1 you can marry in the US or Australia; if you marry in the US you still need to exit the US and follow the terms of the VWP. You can still visit the US on the VWP with a K-1 or CR-1 in process.

[Boiler 45,525]

OP stated he has several sponsoring companies lined up.

[MichaelTaylor 0]

Just because you have networked a lot and just because you may have someone willing to sponsor you, doesn't mean they can. In order to get a work visa the employer must prove that they cannot find anyone in the US qualified to fill the position, the US does not allow foreigners to come here and take jobs away from Americans. And even if it were to happen, coming here with a work visa with the intent to marry and adjust status is visa fraud and will result with a denial and a ban for life from the US with no appeal. End of story.

You need to start doing your research. You have 2 options. A K-1 or a CR-1. Start by reading the guides at the top of the page and come back and ask if you have any questions after reading.

The having to prove that nobody in the US can do my job is a ridiculous rule. My job could be done my many capable americans I am sure, but I'm not taking a job away from anybody as these companies are always hiring new people. If they had 2 applicants for the job that they are creating for me...well they would just hire the both of us (in theory).

You guys know I understand that you can't come in on a work visa and marry by now....thanks. I don't need another person to tell me the same thing. I am clearly not going to be doing that. I just thought that was an option, which I was obviously wrong.

I will look into those....

H2a is for agricultural workers. So that isout

Lot to be said for going the work sponsorship route. Not sure what that would be. But that would depend on the Employer and their Lawyer.

It sounds like a ###### headache to get a working visa. What I think is not to worry about working in the US next year, and just work on getting a Green Card so as soon as possible so in the future I can come over and work. Getting over there next year isn't vital, but obtaining a green card ASAP is.

I would imagine since you have stated you want to get married on an OPEN forum such as this (and don't believe for a moment we are not being monitored), I would forgo any non-immigrant visa application of any kind UNLESS you upfront tell the USCIS or USE in Sydney that you have a girlfriend in CT. Then they will decide.

At the POE they will ask you in detail again about this.

Since she is in CT the K1 visa application goes to the Texas Service Center which is taking over 6 months to process. With the embassy processing etc, the total could be over 8 months. During that time I don't know if you can come in on the VWT for a visit here...someone pipe up here?

Fair enough. I'll keep that in mine if I come over on the VWP. I'll bring over my ties to Australia if I do visit in the meantime just in case.

What would processing time be on the CR-1 through DCF?

Sorry but getting an employment visa is slim. This requires an employer to sponsor the visa and it is not cheap for the employer. This is usually done for IT, engineering, research or another tech related field.

Entering the US with intent to immigrate during that visit on a non immigrate visa is fraud; you can enter with later immigrant intent such as you have filed and application will return to your home country to complete the process. You just started your intention on a public forum that is monitored by immigration officials.

Your options are K-1 or CR-1. Your girlfriend can filed the K-1 today. If you chose CR-1 you can marry in the US or Australia; if you marry in the US you still need to exit the US and follow the terms of the VWP. You can still visit the US on the VWP with a K-1 or CR-1 in process.

OP stated he has several sponsoring companies lined up.

I guess from what has been stated above these companies would not less interested in me now due to this visa process.

Questions..

What is the difference between CR-1 and the CR-1 with DCF? Much of a difference in wait time? It is not possible to marry in the US unless I apply for a K-1 visa?

How long does AoS take after getting married on K1 visa?

So what work visa would I be applying for then. I'm confused. Wouldn't 'horticulture' come under 'agriculture'?

Does anybody here know what effects becoming an independent has on my college student girlfriend?

----

I think applying for DCF is our best bet after college, with applying for a K1 a close second...

I don't know where to start on the work visa anymore. I thought it was a lot simpler.