High-Qualified UK citizen with US partner - Work Based Visa - Where to Start?

[ff2k 0]

Hi all,

As a bit of background - I'm a UK citizen who wants to move to the US for a number of reasons, but mainly so I can live with my partner who is a US citizen (I met them in London while they were studying here for a year), but also because I've fallen in love with the place, like the rest of you

We can't pursue a marriage-based visa due to a number of complications (his family don't know that he's gay, and he's in the middle of law school - a lot of complications that means tying the knot isn't a possibility yet).

I'm therefore trying to research a way to move over to the US with a work based visa. I'm highly qualified - I have a bachelors' degree and a masters' degree, and a chartered accountancy qualification. I've got 5 years' post-degree work experience in a specialized field. But every time I've applied for a job online in the US, I get rejected because I don't have authorisation to work in the US. Yet, according to USCIS, I need a job offer before a visa is issued. This seems like a catch-22 - you need a job offer to get an employment-based visa, but you can't get the job offer until you have the visa?

I currently work for one of the big-3 music companies (which is, itself, US based) as a finance manager, I've asked them about the possibility of transfer internally to the states but HR have stated that the US's visa restrictions make it very difficult for them to do this.

I've researched this topic exhaustively and I can't find any definitive answers. If anyone can point me in the right direction I'd really appreciate it. At the moment I only get to see my partner for a few weeks in the year (as I have to take annual leave) and I'd really like to be able to live in the same city as him again.

Please be kind, if any of my questions have been answered before, I have done my research but I feel like I've reached a dead-end.

Thank you

[milimelo 4,477]

Start working for one of the Big Four (or is it five) accounting companies in UK and ask for secondment on L1 visa after a year?

[NigeriaorBust 4,087]

Unfortunately getting a work visa in the US is hard , especially if you are not highly trained STEM based. Most companies don't want the hassle of the visa process. Do you have enough cash available for an investment based visa ? They require you set up a company that hires a certain number of US persons and that you have significant cash to invest.

[ff2k 0]

Unfortunately getting a work visa in the US is hard , especially if you are not highly trained STEM based. Most companies don't want the hassle of the visa process. Do you have enough cash available for an investment based visa ? They require you set up a company that hires a certain number of US persons and that you have significant cash to invest.

I have a master's degree in mathematical finance, which I believe would fall under the STEM based route.

I think the best route for me from the looks of it is to stay with Universal Music as I'm in a managerial position and try to keep pushing for an internal transfer?

Unfortunately I don't have anywhere near enough cash for an investment visa. But thank you for the help

[yuna628 9,676]

My advice? Well, it might not be what you want to hear or what you're looking for. I certainly know long distance relationships is very rough, however it sounds as if you have a very secure and financially sound job, and your boyfriend is working on getting a very good degree. This will offer you good stability in the future. The unfortunate fact is there are not a lot of options for people to come to the US. The government rather favors that people decide on wanting to be married (K1) or already have been married (CR1/IR1) to stay together. There's no real other visa for couples in complicated situations.

So my advice right now would be continue saving to the point where when you both are ready to finally be together you will have a very financially stable life together. You are not the first couple I've seen here in a complicated situation, where one partner has not shared their relationship status openly with their family. At some point that will probably have to happen in order for you both to have a relationship openly, but that's only going to happen when your partner is ready to do so. Being from the UK, you can continue to use the VWP to visit your partner (so long as you do not abuse it) in the meantime. And sure, you could try to explore options to see if a company would sponsor you for a visa, but ultimately your best bet (because your true goal is to live happily with your partner) is to wait until he and you are ready for marriage - then file a K1 or marry and go for a spousal.

[ff2k 0]

My advice? Well, it might not be what you want to hear or what you're looking for. I certainly know long distance relationships is very rough, however it sounds as if you have a very secure and financially sound job, and your boyfriend is working on getting a very good degree. This will offer you good stability in the future. The unfortunate fact is there are not a lot of options for people to come to the US. The government rather favors that people decide on wanting to be married (K1) or already have been married (CR1/IR1) to stay together. There's no real other visa for couples in complicated situations.

So my advice right now would be continue saving to the point where when you both are ready to finally be together you will have a very financially stable life together. You are not the first couple I've seen here in a complicated situation, where one partner has not shared their relationship status openly with their family. At some point that will probably have to happen in order for you both to have a relationship openly, but that's only going to happen when your partner is ready to do so. Being from the UK, you can continue to use the VWP to visit your partner (so long as you do not abuse it) in the meantime. And sure, you could try to explore options to see if a company would sponsor you for a visa, but ultimately your best bet (because your true goal is to live happily with your partner) is to wait until he and you are ready for marriage - then file a K1 or marry and go for a spousal.

Thank you - it's good to be realistic, and I was worried this might be the case. As heartbreaking as it may be.

It's a big shame to see such huge barriers in place for those who are very willing to contribute a lot to the economy, especially when our countries are meant to have a special relationship. But that's another discussion, I guess! I originally had no idea falling in love with someone from the US would be so difficult!

Edited August 10, 2016 by ff2k

[mallafri76 1,012]

Due to various circumstances, my husband and I spent more than five years apart before we were at the right place for me to immigrate. I used to fly over four times a year to visit. And while that SUCKED, sometimes you have to go through some hard times to get to the prize.

Have you thought about getting married without telling his family? If you have $63,000 or more in assets, you can meet the financial requirements for the spousal visa without a joint sponsor. If your boyfriend has a part-time job while studying, you only need three times the difference between his salary and the poverty guidelines.

Another option would be for you to immigrate to Canada. It's a whole lot easier and you would be a lot closer to visit. We looked into this as an option originally, before deciding that I should just to wait it out in Sweden.

[Boiler 45,494]

L Visa is the one that companies use to transfer employees to the US. Quite common so not sure what your HR are talking about.

[jan22 3,053]

L Visa is the one that companies use to transfer employees to the US. Quite common so not sure what your HR are talking about.

But the employee has to be at a certain level in the company (executive/manager with supervisory responsibility of professional-level staff or of a key function/department) or specialized knowledge. It is possible the OP's position doesn't rise to the required level within the company if it is a large organization.

[Boiler 45,494]

But the employee has to be at a certain level in the company (executive/manager with supervisory responsibility of professional-level staff or of a key function/department) or specialised knowledge. It is possible the OP's position doesn't rise to the required level within the company if it is a large organisation.

Just going by his own description of being highly qualified etc etc.

[squareleg 69]

Based on my experience (10+ years) with work visas. It is complex and extremely time consuming with various restrictions.

You can try L-visa.

Getting married or going to school on F-visa is better option.

[lkerky 25]

From your post it sounds like you are at least in your mid 20's to early 30's. Plenty old enough for your partner to make his own decisions and not worry about his parents approval.

Tell your boyfriend/fiancé to tell his family. You will have a lot more options if he tells them. I don't see how being gay would have any complications with law school. I'm sorry but if he can't tell his parents about you- I think you have bigger problems.

Edited August 11, 2016 by lmihler

[caliliving 606]

From your post it sounds like you are at least in your mid 20's to early 30's. Plenty old enough for your partner to make his own decisions and not worry about his parents approval.

Tell your boyfriend/fiancé to tell his family. You will have a lot more options if he tells them. I don't see how being gay would have any complications with law school. I'm sorry but if he can't tell his parents about you- I think you have bigger problems.

I agree with this.. if he cant tell his parents he is gay, then maybe its time to reconsider your future together as your future with him in america would be depent on being married.

i am going to say his parents wont be as upset as he thinks they will be, and it may be a shock initially but something they will have to get over.. especially if you come over here and visit with him and go to family funcitons with him ect.

[randomstairs 303]

If he is hiding his true identity from his parents, I see no reason for not hiding being married to you too.

Otherwise the only visas appropriate for you would be L and H (as far as I can see). The F1 (student) is not appropriate because it's a single-intent visa, meaning that your primary reason for visiting is to study.

I don't know much about L but, as others have suggested, the H-1B is hard to get unless you possess a rare skill or experience that a company in the US is looking for. I suggest you advertise yourself in a very narrow, specialized area and see if anyone is interested. One way is to attend conferences in your field and directly talk to potential employers.

Also, UK-US relationship is not special when it comes to immigration. UK citizens can't even play the lottery for most years (DV). There seems to be very little interest on both ends to change that.