Moving to the US

[JakieJack 0]

Hello

My mum met an American guy a few years ago, and they've decided that they want to move to the United States (They are engaged [got engaged last year] but not married). I am 20 turning 21 in June, and I have two sisters that are 19 and 23. We are Australian citizens right now. We are all planning to move to America as a family. I'm wanting to know more about VISA's and which ones I am eligible for and also for my two sisters. I assume my mother will be on a K1 visa until she is allowed to apply for her green card.

 

I have done a little research but only understanding certain things. I was looking at the K2 visa, although it seems like you can only be eligible for that if they were married before you are 18, and if you are under the age of 21. By the time we go to America (late next year), I'll be older than 21. 

 

Whats the best option for me and my siblings? Are we eligible for a certain type of visa? 

 

Also my brother has a girlfriend who is 23, would she have to apply for a work visa to be able to live over there?

 

Thank you

 

[Boiler 45,567]

F1 Student Visa and then see what happens.

[Unlockable 7,314]

The research you have done is correct but I guess you want confirmation on whether or not you can come.

 

You are all adults now so there is no immediate need for your mother to bring you over with her. Which is why the 18 and 21 age thing comes into play.  Your mother can petition for you after she is here in the US but it is going to take 7 - 10 years. Plus you have to stay unmarried. 

 

What qualification does your brother's GF have to get a company to apply for a work visa? If you do more research you will find that it isn't as simple as going on monster.com and applying to a Walmart in the city you wish to move to.

[JakieJack 0]

Just now, NuestraUnion said:

The research you have done is correct but I guess you want confirmation on whether or not you can come.

 

You are all adults now so there is no immediate need for your mother to bring you over with her. Which is why the 18 and 21 age thing comes into play.  Your mother can petition for you after she is here in the US but it is going to take 7 - 10 years. Plus you have to stay unmarried. 

 

What qualification does your brother's GF have to get a company to apply for a work visa? If you do more research you will find that it isn't as simple as going on monster.com and applying to a Walmart in the city you wish to move to.

Thanks for your reply.

I'm not sure whether she has any qualifications to be honest with you. 

 

What do you suggest would be the best way for us to all move over? Best visa choices

[Boiler 45,567]

2 minutes ago, JakieJack said:

Thanks for your reply.

I'm not sure whether she has any qualifications to be honest with you. 

 

What do you suggest would be the best way for us to all move over? Best visa choices

F1

[JakieJack 0]

Just now, Boiler said:

F1

So you recommend all 3 of us to get student visa's and try and get study over there? 

[geowrian 22,337]

The then-adults won't be able to move to the US for about ~10 years *after* the mother comes to the US and receives the green card. She can petition all her kids at that point, but they must remain unmarried and wait until an immigrant visa number becomes available. If she naturalizes, this changes to about an 7-8 year wait (the time spent waiting carries over).

 

In the meantime they can apply for a student visa to study (assuming they have the financials means to pay for it, and can show intent to return home afterwards). They can also possibly get a work visa if they meet the requirements and find an employer willing to petition for them. Or if they meet somebody in the US while studying/working and decide to marry, they can be petitioned via their spouse at that time.

 

Just now, JakieJack said:

So you recommend all 3 of us to get student visa's and try and get study over there? 

It's probably the best chance to cover them for a few years.

Edited November 10, 2017 by geowrian

[Boiler 45,567]

1 minute ago, JakieJack said:

So you recommend all 3 of us to get student visa's and try and get study over there? 

Yes

[Unlockable 7,314]

The point we are trying to make is that, as adults, your options are limited. Not entirely impossible, but not as easy as simply moving with mom.

 

Immigration tend to have an ability to cut the umbilical cord, so to speak.

Edited November 10, 2017 by NuestraUnion

[JFH 12,190]

*~*~*moved from "K-1 fiancé visa process and procedures" to "what visa do I need" as OP is enquiring about extended family members and their options*~*~*

 

OP, as you have probably discovered the K-2 is not going to work for you. It is designed for people to bring their minor children with them, not adult children. The days of "come one, come all" are pretty much over as such chain migration is not sustainable. There are visas for adult children of green card holders and citizens but the wait is very long as the quantity available each year is very limited. If it is imperative that the family stays together no matter what and you cannot bear to live in a different country than your mother, her fiancé should research the options for emigrating to Australia. 

 

[N-o-l-a 7,167]

This might sound kind of silly, but why?  There really is no net benefit to living in America versus where you are now.

 

Others have suggested F1 visas, but you'll be paying international tuition, with no financial aid.  You might want to go look at some prices and cry a little inside.

 

My family also wanted to move to the States, but it was something that gradually happened over decades, either through work or marriage visas.  

[jan22 3,056]

4 hours ago, N-o-l-a said:

This might sound kind of silly, but why?  There really is no net benefit to living in America versus where you are now.

 

Others have suggested F1 visas, but you'll be paying international tuition, with no financial aid.  You might want to go look at some prices and cry a little inside.

 

My family also wanted to move to the States, but it was something that gradually happened over decades, either through work or marriage visas.  

And, there is no guarantee student visas would be issued. In order to qualify for student visas, you must prove that you do not intend to remain in the United States when your visa status is up (when you ftinish your studies). You, obviously, intend to stay, so this is a hard thing to prove.  

 

However, the need for them to be married before you turn 18 does not apply to K visas. A K2 can be issued to any child of the K1 beneficiary up to the age of 21. Obviously, that means that they don't have to be married before you turn 18, since the K1 is to go to the US to get married.  Unfortunately, that seems like it will only benefit your youngest sister for sure. For you, it depends on when your mother plans to get and use the K1.

Edited November 10, 2017 by jan22

[Boiler 45,567]

The majority of the people I have actually met on a Student visa could not prove that they do not intend to stay in the US.

 

In fact many want to get a job afterwards and get Employer Sponsorship to stay.

[jan22 3,056]

17 minutes ago, Boiler said:

The majority of the people I have actually met on a Student visa could not prove that they do not intend to stay in the US.

 

In fact many want to get a job afterwards and get Employer Sponsorship to stay.

The law actually says they need to show intent to leave the U S at the end of their authorized stay. So, those who pursue a change of status and receive it are still following US immigration law --  the key being if they do not get a job and a COS, they leave the US. That is not the OP's intent.  When the embassy sees that the mother has a K1 visa or petition, and all three of her daughters are applying for student visas, it is unlikely that they will believe a non-immigrant intent for the daughters.  

Edited November 10, 2017 by jan22

[Georgia16 2,858]

I would say apply NOW for the K-1 visa for the mom then your younger sister is fine and there will be a chance you will make it also. 

Your older sister or brother are too old.

 

But then you really have to send it like NOW to make it because of the wait time.

 

For K-2 as said above you are fine until you are 21 (and unmarried).

Edited November 11, 2017 by Georgia16