I need help locating the right visa

[kevsocal 0]

I'm just starting this out, so I am somewhat confused.  My 1 year girlfriend is Thai and lives in Thailand.  We have met 3 different times in person but talk daily.  I would like to bring her over to USA where I am a citizen so that she can better learn English in a classroom and get an entry level job, and send her mom and daughter some money.  She has a full time job in Bangkok and graduated from the "university" (not exactly sure if that means higher education in USA terms).  

 

I understand that if she is my fiancee then she can come under the 90 day rule.  Is there another option considering there is no job she is arriving for at the moment?  She tells me that her friend came to USA to work, so I thought I would look into it.  

 

I'm not certain yet if I want to propose.  It is a heavy idea.  I only have stayed with her on 1 week vacation trips.  I'm not just looking for my interests here but the well being of her family who she currently provides for.

 

Thanks for the help.

[LabOz 915]

The fiancee visa is the fastest way for her to legally come here however if the motive is purely to work and provide for her family in Thailand the USCIS and US Embassy will likely detect this and deny.

Visa's are only to be used for their intent. If you are planning a life together as a married couple living in the USA the K-1 via Form I-129F would be your best option.

 

If she wants to just come for a visit then possible tourist visa.

If you want to marry her there in Thailand first then CR-1 form I-130 spousal visa which can take 1 to 1.5 years give or take.

 

Best of luck

 

We are here to help.

[Suss&Camm 2,213]

There can be no hesitation in your intent to marry her for the K1 visa. Other than tourist visas to visit you, yes there are work visas, but these are hard to get and require a US employer to sponsor her. Afaik they have to show that she has a special skill that they can't find. 

[Estibaliz 3,037]

Also keep in mind if she comes under a K1 visa, you have to adjust her status after getting married (in the 90 days term) and she has to apply for an EAD and get it before she can works in the US. 

 

I'm not sure about the waiting to get that work authorization, but I think it's usually 3-5 months after filling the forms. I'd suggest for you to read the K1 visa and AOS guides.

[Roel 7,193]

If youre not ready to marry, fiance visa is definitely not for you.

Student visa require being accepted into the school and showing proof of money to cover the studies. Does she have 20.000$ lying around? Student visa does not allow regular work. I believe she could only do work on campus. 

Work visa is not something she or you can cover. If she doesn't have any special skills\experience \ education or if she is not working for a company that allow US transfers you can forget about work visa. She would need to first find an US employer to employ her and pay for her visa and that's something covered by company's lawyer. 

 

IMO she can only try tourist visa for short stay. 

[geowrian 22,338]

 

I'm just starting this out, so I am somewhat confused.  My 1 year girlfriend is Thai and lives in Thailand.  We have met 3 different times in person but talk daily.  I would like to bring her over to USA where I am a citizen so that she can better learn English in a classroom and get an entry level job, and send her mom and daughter some money.  She has a full time job in Bangkok and graduated from the "university" (not exactly sure if that means higher education in USA terms).  

 

I understand that if she is my fiancee then she can come under the 90 day rule.  Is there another option considering there is no job she is arriving for at the moment?  She tells me that her friend came to USA to work, so I thought I would look into it.  

 

I'm not certain yet if I want to propose.  It is a heavy idea.  I only have stayed with her on 1 week vacation trips.  I'm not just looking for my interests here but the well being of her family who she currently provides for.

If you aren't getting married, then do NOT do the fiance visa. A requirement of the fiance visa is to marry within 90 days of entry. Even then, it does not grant the ability to work in the US until you file for AOS + EAD. Then it takes about 3-4 months for approval. It'll be at least 3-6 months after she gets the visa before she is allowed to work, plus the 6-8 months to get the visa. And once you do marry and she gets a green card, you're on the hook for her if she becomes a public charge for 10 years, until she becomes a citizen, or she abandons US residency. Don't go this path until you're truly committed to marriage. Furthermore, getting married for a job or education would be immigration fraud.

 

Wait until the relationship is ready to get married, then figure out immigration after that. Never base a relationship decision on immigration. In the meantime, you can visit each other.

 

It's up to an individual employer on how they will treat degrees earned abroad. If her field of work is regulated and requires a license to practice it, many times you need to have an accreditation body affirm her education matches the requirements for the USA and/or take exams. For instance, being a resident nurse means having somebody like CGFNS affirm the educational requirements, then the state's BON accepting the application, then passing the NCLEX (and some states require the IELTS as well to show English proficiency).

[Allie D 39]

On 5/7/2017 at 4:29 PM, Roel said:

Student visa require being accepted into the school and showing proof of money to cover the studies. Does she have 20.000$ lying around? Student visa does not allow regular work. I believe she could only do work on campus.

As a foreign national adjusting from a F-1 visa, I can attest to this. As @Roel has mentioned, your girlfriend will have to prove that she has been admitted to an institution and has the finances to support herself before getting the visa. This process has to be independent of your relationship with her.

 

A tentative campus job is not enough. One option for financing a F-1 visa is to get financial aid from a university, which is how I financed my undergraduate education. However, this process is extremely competitive as few higher educational institutions offer scholarships or aid to foreign nationals. She also doesn't qualify for federal aid.

 

When your girlfriend starts her university education in the USA, she is eligible to work on campus only. USCIS has information on employment on a F-1 visa. Campus jobs, at least those for undergraduates, do not pay well enough to cover the expenses of a university education. The pay for undergraduates is close to minimum wage (or at least was at my university in the northeast) and USCIS limits foreign nationals to 20 hours/week except in "emergent circumstances". See the above link.

 

However, you mentioned that your girlfriend might have an undergraduate degree. It's easier to get funding for PhD programs, if your girlfriend has the necessary qualifications. Unlike undergraduate and Master's programs, many universities fully fund their doctoral students with teaching assistant positions, fellowships, and research assistant positions. Would your girlfriend qualify? If she is admitted to a PhD program, she can show USCIS that her university will provide the funding.

 

With regard to working to send her family money once in the USA: After completing one year of full-time studies, your girlfriend can work off-campus using Optional Practical Training (USCIS info). This is only valid for one year unless your girlfriend has a STEM degree, in which case she can work for three years in total after graduation without a H-1B work visa. Many students choose to work full-time jobs off campus after completing their undergraduate studies. For example, I worked for a software firm. Others use the OPT for summer internships in the USA.

Edited May 9, 2017 by Allie D