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Immigration Forum / USA Marriage Base / August 2005A tricky visa problem - Please help!
My partner recently got transferred to New York with work on a permanent basis. I have just returned from travelling which included a six week stay with him in NYC. I want to go to NY to be with him but obviously need to work myself. Is a K1 fiance visa applicable to us as he is not a US citizen until the three years allows him to apply. Any other ideas how it would be possible for me to join him and be eligible to work? Help would be much appreciated, Lucy > My partner recently got transferred to New York with work on a > permanent basis. I have just returned from travelling which included a [quoted text clipped - 10 lines] > > Lucy Your post is confusing and doesn't provide enough information. To what 3 years do you refer? Will he be eligible for US citizenship 3 years? Is he a PR? What is his current status in the US? What country are you in? If you want good answers, you need to give good information! Ian > Your post is confusing and doesn't provide enough information. To what > 3 years do you refer? Will he be eligible for US citizenship 3 years? > Is he a PR? What is his current status in the US? What country are you > in? If you want good answers, you need to give good information! > > Ian Ok - sorry if confusing so here is another try... We lived together for four years when I decided to go travelling in New Zealand. We kept in contact throughout the year I was away and realised we are actually meant to be together (ahhhh) so on the way back to the UK I stayed in NYC as a trial run to see if we could live there together and we can! I have now comeback to the UK to find out how to get back to NY with the ability to work. He moved to NY earlier this year to a permanent job role within an investment bank with whom he has been employed with for over 4years now. In three years he can apply for a green card. We are finding out if the company will sponsor me but, if not, wanted other information about available visas. I do not have a degree or profession as such but I do have a strong CV covering admin, catering management (NHS), recruitment, design, publishing etc. Any advice? > Ok - sorry if confusing so here is another try... > [quoted text clipped - 18 lines] > > Any advice? Who told you he can apply for a green card in three years? Thanks to Perm it might be far sooner than that. Again I urge you to repost in the appropriate forum.  SignatureI'm not an attorney. This disclaimer is valid in NYS! > Ok - sorry if confusing so here is another try... > [quoted text clipped - 18 lines] > > Any advice? Hi: I'm sorry, your post still doesn't make sense. I recommend you consult with a qualified immigration lawyer. SignatureCertified Specialist Immigration & Nat. Law Cal. Bar Board of Legal Specialization > Ok - sorry if confusing so here is another try... > [quoted text clipped - 18 lines] > > Any advice? Your options are slim...be harder for you to qualify to get a work visa in your own right like an H1 or L type visa...getting married and getting the spouse H4 won't allow you to work. And waiting for your fiance to get citizenship will take a while because he'll need to have his greencard for 5 years before he can apply for citizenship....though that doesn't mean he can't apply for his greencard sooner as long as the employer is willing to sponsor him for it. > Your options are slim...be harder for you to qualify to get a > work visa in your own right like an H1 or L type visa...getting [quoted text clipped - 4 lines] > apply for his greencard sooner as long as the employer is willing > to sponsor him for it. Bob: Until you get the facts, you really shouldn't be giving advice. Besides, it happens to be wrong to boot. She should see an immigration attorney. SignatureCertified Specialist Immigration & Nat. Law Cal. Bar Board of Legal Specialization > Bob: > > Until you get the facts, you really shouldn't be giving advice. > Besides, it happens to be wrong to boot. She should see an > immigration attorney. What exactly was wrong with the post? I'm curious...with the info she had posted at the time of my response. Without a degree or the required amount of experience, there isn't much chance of an H1B on her own right, and the experience sounded to mixed to quality. That she would need to be married for any chance, and being married, if he were on an H1B, she would get an H4 which doesn't allow work. If he were on an L visa, they would need to be married for her to get a L2 visa...otherwise for him to sponsor her, they would still need to be married, and being a USC would be quicker than a LPR, and to get citizenship, he would, based on employement, and not signing up to the armed forces, would generally need that LPR status for 5 years before being eligable for apply for citizenship. > What exactly was wrong with the post? I'm curious...with the info she > had posted at the time of my response. [quoted text clipped - 9 lines] > armed forces, would generally need that LPR status for 5 years before > being eligable for apply for citizenship. You implied that she needed her own L-1 which turned out not to be true. Also, you had no idea what status HE had -- he could have also had an E-1/2 status. Why do you think I asked for more information? Advice based upon incomplete facts is dangerous. SignatureCertified Specialist Immigration & Nat. Law Cal. Bar Board of Legal Specialization > You implied that she needed her own L-1 which turned out not to be > true. Also, you had no idea what status HE had -- he could have also > had an E-1/2 status. Why do you think I asked for more information? > Advice based upon incomplete facts is dangerous. I didn't read what I said to her to imply that she needed an L1 on her own, and in the other thread that she started, said that if her fiance had an L1, that her visa would have been an L2, and what her likely options were on these common visa's, but I also said that it would depend on what visa he did have. Though I do agree with the statement on advice on incomplete facts can be dangerous. > Ok - sorry if confusing so here is another try... > [quoted text clipped - 18 lines] > > Any advice? If he is neither a US citizen nor a PR, there are *no* marriage options which will allow you to enter the US and work. If you want to work here, your only option is to secure some sort of work-related visa. I don't believe you have any other options here. Ian > If he is neither a US citizen nor a PR, there are *no* marriage > options which will allow you to enter the US and work. If you want to > work here, your only option is to secure some sort of work-related > visa. I don't believe you have any other options here. > > Ian L2 from marriage as the blokes on a L1...allows spouse to work, just needs to get an EAD, doesn't let any kids work though, which is stupid. > If he is neither a US citizen nor a PR, there are *no* marriage > options which will allow you to enter the US and work. If you want to > work here, your only option is to secure some sort of work-related > visa. I don't believe you have any other options here. > > Ian Hi Ian. You are wrong. SignatureCertified Specialist Immigration & Nat. Law Cal. Bar Board of Legal Specialization > Ok - sorry if confusing so here is another try... > [quoted text clipped - 18 lines] > > Any advice? You can't really learn anything until you know what visa he is on and what is his current immigration status. > You can't really learn anything until you know what visa he is on and > what is his current immigration status. Sorry this one is so vague - have posted on the Immigration Forum instead with more details. Man is on L1 visa. Have been told I could get an L2 if we marry. Any info on this L2 (timing, restrictions etc.) much appreciated. > Sorry this one is so vague - have posted on the Immigration Forum > instead with more details. Man is on L1 visa. Have been told I could > get an L2 if we marry. > > Any info on this L2 (timing, restrictions etc.) much appreciated. check the USCIS site > Sorry this one is so vague - have posted on the Immigration Forum > instead with more details. Man is on L1 visa. Have been told I could > get an L2 if we marry. > > Any info on this L2 (timing, restrictions etc.) much appreciated. Hi: That really helps. Timing depends upon whether you file for change of status or go for a non-immigrant visa aboad. And you CAN obtain employment authorization! BTW, I assume its the employer's policy to delay the LPR status for some reason. I guess that 204(j) removes the "glue" that kept employees attached to the employer while the case was processing. Both you and your beloved might want to search for an employer willing to do a PERM labor certificate. Talk to that lawyer, please. SignatureCertified Specialist Immigration & Nat. Law Cal. Bar Board of Legal Specialization > I do not have a degree or profession as such but I do have a strong CV > covering admin, catering management (NHS), recruitment, design, > publishing etc. If you can find a company that would be willing to sponsor you for an H1, and you have 16 years of work experience, you could potentially overcome the problem of not having a degree. I think every 4 years of work experience is equivalent to 1 year of a degree programme; there is a company that could do an official evaluation of your work experience ... if you need further info, please ask me. I had to go this route a few years ago when I was offered a job by IBM and my degree was/is in the arts (which for INS purposes is apparently not a relevant degree for an H1). I hope my information is not out-of-date. -A > > I do not have a degree or profession as such but I do have a strong > > CV [quoted text clipped - 19 lines] > > -A Hi: However, she won't be able to have the I-129h filed until April 1, 2006 to begin work on October 1, 2006. The H-1b numbers are already exhausted for Fiscal Year 2006 beginning on October 1, 2005. SignatureCertified Specialist Immigration & Nat. Law Cal. Bar Board of Legal Specialization > My partner recently got transferred to New York with work on a > permanent basis. I have just returned from travelling which included a [quoted text clipped - 10 lines] > > Lucy If he isn't a USC, you can't get the K1 visa...and if he doesn't have his PR statud due to marriage to USC, then he'd need PR status for 5 years before applying for citizenship, unless he signs up for the military and gets active duty... if he's here on an H1B, and your married, you could get a spouse visa, H4, wouldn't be allowed to work...if he were on a L1 transfer visa, you could get a visa...if he's already got his greencard, it could take a while for him to sponsor you to come over, and a long time it would take. What is his status ? > My partner recently got transferred to New York with work on a permanent > basis. I have just returned from travelling which included a six week [quoted text clipped - 10 lines] > > Lucy > My partner recently got transferred to New York with work on a > permanent basis. I have just returned from travelling which included a [quoted text clipped - 10 lines] > > Lucy At the moment there is no option for you to marry him and have the ability to work through derivate benefit of your marriage to a PR. An H4 does not allow a spouse to work. You might try if you are qualified to obtain an H-1B work visa on your own or if you work for a UK company with a US affiliate, perhaps a L visa. Sorry I can't be of more assistance. Perhaps you might want to post this in the appropriate forum. This forum is for marriage-based visas for US citizens and foreign spouses. Asking in the US Immigration and/or US Visa forum would generate more experienced responses for the type of question you have. Rete SignatureI'm not an attorney. This disclaimer is valid in NYS! |
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