visa wait too long

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hi! my mother is a LPR and as im over 21 i fall into the 2nd preference category. ive been told the wait can be up to 4 years. my fiance has started proceedings on his H-2B form as he will be working in america hopefully by the end of the year. is there any way i could go to the US sooner, perhaps on an extension of his, or another non-immigrant visa while my permanent visa is being processed?

thanks

[Boiler 45,929]

hi! my mother is a LPR and as im over 21 i fall into the 2nd preference category. ive been told the wait can be up to 4 years. my fiance has started proceedings on his H-2B form as he will be working in america hopefully by the end of the year. is there any way i could go to the US sooner, perhaps on an extension of his, or another non-immigrant visa while my permanent visa is being processed?

thanks

You will need a Visa that allows dual intent, here are the ways:

Pulaski's Ways: How to Live and Work in the USA

The following is a non-legal guide to living and working in the USA by people who have already done it. It is not a definitive or even detailed guide but nevertheless shows the common starting points for the beginning of your journey. Note that it is not legal advice; if you require such advice, AILA is a suitable place for a referral to a specialist US immigration lawyer. Official US government information is available at USCIS. Unlike many other popular destinations, the US does not provide specific retirement or skilled trade visas. Please research fully before you ask questions on the forum.

Simplified, there are 3 categories of US visas: immigrant, dual-intent, and non-immigrant.

Immigrant You will be a permanent US resident (Green Card). You may under certain conditions subsequently apply for naturalization as a US citizen.

Dual-intent You may eventually apply under certain conditions to convert to permanent resident status (Green Card). You may under certain conditions subsequently apply for naturalization as a US citizen.

Non-immigrant You may not convert to permanent resident status and must leave the US when the reason for your stay no longer exists.

Family

* Marriage or engagement in anticipation of marriage to a US citizen. Immigrant or dual-intent visa. Search for: K1, K3, direct consular filing (DCF), adjustment of status (AOS).

* You have a close relative (mother, father, brother, sister and no further) who is an US citizen who would sponsor you; approx time for visa is 6 months to 12 years. Immigrant visa. Search for I-130 petition, adjustment of status (AOS).

Work

* You have skills that are in short supply, e.g. scientific or medical training. A degree is normally a must. Or you have superior specialist skills with at least 12 years experience. Recruitment agents will not take you seriously if you are not already in the US. Writing for jobs is often futile, and US employers have no idea what many foreign qualifications mean, so it may pay you to get your qualification translated into a US equivalent. You need a job offer before you can get the visa. Your employer will be your sponsor at a cost to them of $5k and up. They may also have to prove to the Dept of Labor there is no American to do the job if the position is to be permanent. Your dependant spouse may not work. Dual-intent visa. Search in forums for: H1

* You have a multinational employer who is willing to transfer you, but even then the employer has to make a good case for you. . Your dependant spouse may work. Dual-intent visa. Search for: L1, intra-company transfer.

* You have extraordinary ability in the sciences, arts (including the television and motion picture industry), education, business, or athletics. Your dependant spouse may not work. Dual-intent visa. Search for: O1.

* You are a foreign member of a religious denomination having a bona fide non-profit religious organization in the U.S. and entering the U.S. to carry on the activities of a minister or religious worker as a profession, occupation or vocation Search for: R1.

Money

* You own or buy business as a national of a qualifying Treaty country. The business must have a minimum value of around $150k (the more, the better) bearing in mind you will need somewhere to live and with any startup business you will need at least 2 years living money as back up. So a figure of $350k would be a nearer minimum. Your dependent spouse may work. Non-immigrant visa Search for: E2.

* You are an "investor" i.e. you have at least US $1m in assets to bring with you, or half that in certain areas. Your background will be investigated to the hilt. Dual-intent visa Search for: EB5.

Misc. (unusual for UK citizens)

* You participate in, are selected, and successfully process the Diversity Visa lottery. Note that persons born in certain countries including the UK (but excluding N. Ireland) are generally not eligible to apply unless your spouse or both parents were born abroad. Immigrant visa. Search for: diversity visa (DV).

*You are in a position to claim refugee status/political asylum.

* You assist US law enforcement to investigate and prosecute crimes and terrorist activities such as money laundering and organized crime. Search for: S visa.

* You get a member of Congress to sponsor a private bill with legislation that applies just to you.

[kc456 0]

hi! my mother is a LPR and as im over 21 i fall into the 2nd preference category. ive been told the wait can be up to 4 years. my fiance has started proceedings on his H-2B form as he will be working in america hopefully by the end of the year. is there any way i could go to the US sooner, perhaps on an extension of his, or another non-immigrant visa while my permanent visa is being processed?

thanks

You may be able to come to the US with your fiance, but only if you marry -- even then, you should check with a lawyer on if, when and how you can be added to the work visa petition to allow you to come to the US as his dependent.

[Boiler 45,929]

hi! my mother is a LPR and as im over 21 i fall into the 2nd preference category. ive been told the wait can be up to 4 years. my fiance has started proceedings on his H-2B form as he will be working in america hopefully by the end of the year. is there any way i could go to the US sooner, perhaps on an extension of his, or another non-immigrant visa while my permanent visa is being processed?

thanks

You may be able to come to the US with your fiance, but only if you marry -- even then, you should check with a lawyer on if, when and how you can be added to the work visa petition to allow you to come to the US as his dependent.

Probably could get a B if they are gay, keep on forgetting that fiancee does not always means different sex's.

And its longer than 4 years, I think you looked at 2 (a) rather than 2 (B).

Edited April 17, 2006 by Boiler