Steps to Take to change from Employment-Based Immigrant Visa to Citizen

[THD 0]

Hi everyone,

I am sure that this has been covered in here at SOME POINT, but I can't seem to find the info that we need.

My girl is a Registered Nurse in the Philippines and has been in the NVC process since 2007, TRYING to come here. At first, by going through a dumb butt filipino lawyer in NY, She was accepted at a medical facility in NH, which agreed to a contract (at the time), to bring her here to the states to work for them, for a peroid of 3 yrs. They agreed to pay for her & her children (2 daughters) Airfare, 1st year of housing & $23/hr salary.

Since the time she started this process, her & I met & we are wanting to get married (But if need be, willing to live in Unholy Mattress Money) as her Ex refuses to pay for her Cenomar, (Divorce which is a wopping $4,000+ over there) and live here in NC at my place. I've been over there 3 times (Once a year for 2+ weeks for the last 3 years) & Love it

During all of this time, this lawyer has not presented her ANY of the Documentation (Communications) between either the NVC office or the Medical Facility, until just here recently. About 4 months ago, in which the lawyer stated that The Original contract is null & void because the Medical Fac will no longer pay for the Airfare or help with housing assistance, but will agree to still pay the $23/hr / 40hr week + any over time.

She just recieved a "COPY" of the letter from the NVC office stating that They are in the process of setting up an interview date, and on it, they have her listed as a Preference Catagory E3, which is an Employment-Based Immigrant Visa.

When she found out that they had gone back on their Orignal Agreement, She had instructed the Lawyer to make the change to a flat Citizenship visa instead, but obviously we can clearly see, that he didn't.

SOOOO, What we are wanting to find out is, what all will we need to do, once she & the girls get here, to go from Imigration worker visa to full citizen for all 3? (Full Step by Step, form by form etc would be nice)

The Yougest is 14yrs old & the Eldest is 19yrs old. & our goal is to once the Eldest as her papers to travel freely between the USA & the Philippines, she will return to the philippines to complete her Nursing School.

Thanks

[dorame 1]

Would you mind sharing any info about how a Filipino Nurse can get employment in the US? My fiance has a Filipino Nursing B.S., but are there good jobs here without having to pass a state board exam? Other tips about that? We are doing a K1 and seems to be going ok. (4-5 months)

[THD 0]

From what I can gather, for here in the States, One MUST ALREADY be certified to work in the Nursing industry. Based upon what she told me, was that her Certifications over there was what got her accepted over here. How that works is beyond me.

Sorry

[Boiler 45,553]

EB 3 is an immigrant visa category, presumably not a nursing position as it sounds that she does not have US qualifications and nurses get paid a lot more than that.

Citizenship visa? No such thing so no idea what you are talking about.

They can apply 5 years less 90 days to nautarlise after entering, process takes about 6 months.

As an aside a lot of these situations seem to involve a long term commitment at crapy wages and agency fees.

[THD 0]

Well, If, after they get here & she doesn't wish to work for that firm, & she comes to NC instead, Can they deport her? If so, what steps can we take to prevent that (She's really not looking forward to working in the Fridged NE

[Boiler 45,553]

She has been petitioned by an employer, what does her contract comit her to?

[THD 0]

They have yet to resend her a "NEW" Contract, but the previous one stated a 3 year committed contract. If she is forced to HAVE to work for the place (& based upon what I've heard, it's a slum Nursing home type place but the firm has locations all over the place) she's going to try & demand a place here in NC, if possible.

[NigeriaorBust 4,087]

Even if you do get her here how do you plan on living together if she is still married ? As an employment based immigrant she has to do what the company has contracted her to do. Many employment contacts carry significant money based fines if you break them specially shortly after coming here. Read the fine print very carefully

[Boiler 45,553]

She can divorce in the US.

She can divorce in the US.

[canadian_wife 1,822]

She'll want to be careful and not lose her contract with her company. She does not want to fall 'out of status' with her visa. That can cause problems down the road.

Read the 'new' contract very carefully to ensure that she, and her children, are aware of the conditions of the contact. Since there are children involved, I'd be very careful to understand the entire document and how it can affect them.

good luck

[VOL 425]

Nurse coming from Philippines and other countries were put on retrogression many years ago. Around 2005 to 2007 If I can remember correct.

Getting a Employment based visa now of day due for nursing is over with, USA no longers has a nursing shortage and I have not heard of person getting Employment based visa for nursing in many many years.

[THD 0]

Ok, here's the Latest. Hopefully folks can point me in the right Direction:

Just confirmed: No Contract Signed as of yet.

• Only has the Employment Offer
• Upon arriving , she will have a 3 month training period. if she doesn't pass training, she will be demoted to LPN Status
• I-140 Immigrant Green Card: Option to Pay for them Ahead of time ( b4 leaving the philippines) So as to have them upon entering
• If she goes ahead & get her cards now, will she still have to go work for this employer, (In another state) or could she come to NC to work for another without penalty
• E-3 I-140 Visa
• She has her Interview Appointment, set for February 25th
• She needs a copy of the FAQ questions as to what she can expect to be asked
• Would like to know as to what she & the girls can expect during the interview

Thanks

[NigeriaorBust 4,087]

If she leaves her current job she would have to apply for a new visa as E3 are tied to an employer. Your issue will be the older child, he is already too old for you to petition and by the time she arrives, gets a divorce and marries you , he will surely age out as a child for her to file and not be able to stay in the US. She will not get papers to travel freely for over a decade.

[THD 0]

Ok Got it.

She's Really Asking now about the ACTUAL Line of Questioning she will have during the Interview. Does ANYONE have a Play by Play of the Interview Process for this type of Visa?

Thanks

[Boiler 45,553]

If she leaves her current job she would have to apply for a new visa as E3 are tied to an employer. Your issue will be the older child, he is already too old for you to petition and by the time she arrives, gets a divorce and marries you , he will surely age out as a child for her to file and not be able to stay in the US. She will not get papers to travel freely for over a decade.

Not an E3

But all the similar ones I have seen there has been a commitment to the sponsoring employer. Otherwise most would move on straight away.