Fiance Requirements - Non-US citizen

[BWP85 0]

Hi All,

(apologies if in the wrong section)

In a nut-shell (some background), I assume my firm (professional services) will be the sponsor - hence why I think I will be on a work visa - unless someone can point me to a better direction of entry. I am Chartered Accountant here in Aus - so I do tick a category that is not going to get bounced (or so I understand).

I am looking to do a secondment/permanent placement with my work on the East Coast at the end of the year (Australia to US)

I hear the US does not recognise de-facto relationships, which is driving my query:

Can someone confirm the that if I was to make my partner my fiance prior to application, will she be allowed to enter with me? can someone point me to the forms that are likely to be completed so that I can look at the pre-requisites? And if anyone can through an estimate of costs associated, that would be great too.

The Aus-US embassy site was just confusing to trawl though, and I am sure there are ample folk that have entered the US for work reasons and probably faced the same issues.

Appreciate all the help and advice in advance.

Cheers!

Edited January 30, 2015 by BWP85

[aaron2020 11,651]

Only US citizens can bring a fiancée to the US.

You will have to be married in order for her to get a visa to live in the US.

[kzielu 1,149]

Can someone confirm the that if I was to make my partner my fiance prior to application, will she be allowed to enter with me? can someone point me to the forms that are likely to be completed so that I can look at the pre-requisites? And if anyone can through an estimate of costs associated, that would be great too.

If you're talking about any kind of work visa (H-1B, L-1) - answer is definitely no. Those have derivative categories (H-4, L-2) for spouses only.

She can technically enter with you on VWP but it doesn't give her any right to stay and it will be no different than regular tourist visit.

[Owen_London 65]

So, to answer your question: to receive a visa to accompany you, you actually have to be married to your partner, not engaged (this is what the word fiance means).

However, look up "B-2 co-habiting visa". It's a fudge visa that allows non-married partners to move together. It doesn't allow partners to work, and needs to be frequently renewed. Getting married and applying for an accompanying spouse visa is usually preferable if you're willing to do it, though.

[Qilipu 0]

If you're talking about any kind of work visa (H-1B, L-1) - answer is definitely no. Those have derivative categories (H-4, L-2) for spouses only.

She can technically enter with you on VWP but it doesn't give her any right to stay and it will be no different than regular tourist visit.

Exactly. It would be the easiest for the two of you to be married in Australia and to apply for US visas at the same time. If you have a choice as to which type of visa your employer will sponsor you, choose wisely: if you have H-1(b), your spouse (on H-4) won't have a right to work in the US, while if you're on L-1 or E-3, she will be entitled to apply for a work permit (with an extra fee, of course) once she enters the US; it will be valid for the same duration as your own period of authorized stay. ( http://canberra.usembassy.gov/e3visa/dependents.html).

In principle, if you are not married by the time you leave Australia for the US, your fiance can come on a B visa (assuming she can get it easily from a US consulate in Australia; the above page suggests doing it 2 months in advance!), marry you during her stay, and then file an application for adjustment of status to H-4, L-2, or E-3D by mail with the USCIS. The filing fee is around $300. She'll be then issued a "departure record" (Form I-94) that will enable the right to stay in the US for duration of your authorized status, and to reenter the US after short trips to the "near abroad" (Canada/Mexico). Note if she wants to travel overseas (e.g. to Australia) and reenter the US, she still will need to get an entry visa of the same class in her passport at a US consulate. (When dealing with US travel and immigration, one must remember that, unlike Australia, the United States never issues entry visas to people who are already "onshore". One can get an "extension of stay", or a "change of status" while inside the US, but not a new entry visa).

Note that she cannot follow the above procedure if she comes to the US with a visa waiver (instead of a B visa). Change of status from VWP to any other non-immigrant status is not allowed; so if she marries you in the US, she'll have to leave for some other country (e.g. Canada or Mexico, if flying back to Australia is too expensive) and apply for an appropriate US visa at a US consulate there, assuming they will allow her to apply there (which is not a given).

Edited February 16, 2015 by Qilipu