Work Visa and Marriage

[william james 0]

Hi,

My girlfriend is going to be transferred for work from Canada to the US. We're not sure which category of Visa her employer is filing under (TN, H1B, L1, NAFTA), etc. We are not currently married or anything. I'm wondering what my options are if we decide to get married AFTER she moves to the US. For instance, her employer applies for her work Visa, she moves and starts work in the US, and then we get married. Will I be able to legally work in the US if she is still on a work visa (assuming she has not applied for permanent residency)? Can she sponsor me?

[Mollie09 1,543]

It depends on the visa. If it's H1B, H4 derivatives can't work. L-1 derivatives can.

[william james 0]

It depends on the visa. If it's H1B, H4 derivatives can't work. L-1 derivatives can.

But can she sponsor me on a work visa?

[Lainie B 465]

But can she sponsor me on a work visa?

For a green card? No

[william james 0]

For a green card? No

My apologies if I haven't made myself clear. What I want to know is if I can work in the US when I get married to my girlfriend. The marriage would take place after she has moved to the US as we are not prepared to get married right now.

[Transborderwife 4,666]

My apologies if I haven't made myself clear. What I want to know is if I can work in the US when I get married to my girlfriend. The marriage would take place after she has moved to the US as we are not prepared to get married right now.

depends on the visa class

[aaron2020 11,651]

But can she sponsor me on a work visa?

No. She can not sponsor you for a work visa.

As a spouse, you may qualify for a derivative visa. Whether you can work or not depends on her work visa. Her work visa will be dependent on her employer who will sponsor her for her work visa. Talk to her employer.

Edited February 3, 2016 by aaron2020

[canadian_wife 1,822]

Hi,

My girlfriend is going to be transferred for work from Canada to the US. We're not sure which category of Visa her employer is filing under (TN, H1B, L1, NAFTA), etc. We are not currently married or anything. I'm wondering what my options are if we decide to get married AFTER she moves to the US. For instance, her employer applies for her work Visa, she moves and starts work in the US, and then we get married. Will I be able to legally work in the US if she is still on a work visa (assuming she has not applied for permanent residency)? Can she sponsor me?

Most of these questions really depend on what type of visa she will receive (the TN and NAFTA are the same so I suggest you begin inquiring as to what type she will receive). The type will depend on whether or not a derivate visa is available for you as her spouse...not her boyfriend. Some derivative visas will allow a spouse to work, while others will not. So ask her to ask the lawyer handling her visa.

Good luck

[Mollie09 1,543]

As her boyfriend you are not eligible to go to the US as a derivative on any visa class. Only after you marry.

After you marry, you can probably be a derivative on her work visa, and you can apply for that at any time after the wedding, even if she is already in the US.

Depending on the type of visa she is, you as a derivative may be able to work. On some work visas, derivatives cannot work.

She can "sponsor" you as a derivative, but that doesn't change your visa class. Only her visa class changes yours.