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Visitor Visa or Employment Visa

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Hello, so my fiancé plans to come over to USA to visit me. He plans to stay for the whole 6 months that the visitor visa is good for. The problem is that he plans to get a job while he is here. We are planning to wed as soon as the k1 visa is approved. Here is my problem. Visitor visa's require you to prove you intend to return to your home country. Employment visa's can be temporary or permanent. He eventually plans to move here and stay here to be with me. how do we go about him coming here to be with me yet work while he is here and still prove that he plans to go about things the proper way? It's such a confusing thing and there are so many different hoops to jump through. I'm already out $340 dollars from a visa petition I'm going to need to withdraw. I need to do this the right way this time. Thanks!!!!

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Employment visas are difficult to obtain without proper qualifications. Does he have a degree? Any special training that would be scarce in the USA?

As for staying 6 months on a visitors visa, especially coming from Nigeria, he'd have to satisfy that he has enough financial means to be in the USA without seeking employment. Not an easy task especially seeing as in another post you've mentioned financial hardships.

FYI, getting him a visitors visa with a withdrawn k1 petition will not be easy.

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Most realistic route would be for him to get a transfer, work for his Employer at their US office.


“If you know the enemy and know yourself, you need not fear the result of a hundred battles. If you know yourself but not the enemy, for every victory gained you will also suffer a defeat. If you know neither the enemy nor yourself, you will succumb in every battle.”

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Moved from Tourist Visas forum to Work Visas forum.


Our journey:

Spoiler

September 2007: Met online via social networking site (MySpace); began exchanging messages.
March 26, 2009: We become a couple!
September 10, 2009: Arrived for first meeting in-person!
June 17, 2010: Arrived for second in-person meeting and start of travel together to other areas of China!
June 21, 2010: Engaged!!!
September 1, 2010: Switched course from K1 to CR-1
December 8, 2010: Wedding date set; it will be on February 18, 2011!
February 9, 2011: Depart for China
February 11, 2011: Registered for marriage in Wuhan, officially married!!!
February 18, 2011: Wedding ceremony in Shiyan!!!
April 22, 2011: Mailed I-130 to Chicago
April 28, 2011: Received NOA1 via text/email, file routed to CSC (priority date April 25th)
April 29, 2011: Updated
May 3, 2011: Received NOA1 hardcopy in mail
July 26, 2011: Received NOA2 via text/email!!!
July 30, 2011: Received NOA2 hardcopy in mail
August 8, 2011: NVC received file
September 1, 2011: NVC case number assigned
September 2, 2011: AOS invoice received, OPTIN email for EP sent
September 7, 2011: Paid AOS bill (payment portal showed PAID on September 9, 2011)
September 8, 2011: OPTIN email accepted, GZO number assigned
September 10, 2011: Emailed AOS package
September 12, 2011: IV bill invoiced
September 13, 2011: Paid IV bill (payment portal showed PAID on September 14, 2011)
September 14, 2011: Emailed IV package
October 3, 2011: Emailed checklist response (checklist generated due to typo on Form DS-230)
October 6, 2011: Case complete at NVC
November 10, 2011: Interview - APPROVED!!!
December 7, 2011: POE - Sea-Tac Airport

September 17, 2013: Mailed I-751 to CSC

September 23, 2013: Received NOA1 in mail (receipt date September 19th)

October 16, 2013: Biometrics Appointment

January 28, 2014: Production of new Green Card ordered

February 3, 2014: New Green Card received; done with USCIS until fall of 2023*

 

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I suggest revising plans to work with what is actually available. Like Boiler suggested the easiest work visa is a transfer.


You have brains in your head. You have feet in your shoes. You can steer yourself any direction you choose.  - Dr. Seuss

 

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Beware of Nigerians habit to think they can game the system , one young man called my husband asking for advise on a problem. He lied that he was married with a child to show ties to Nigeria to get a visitors visa , married to a girl here when he arrived and now is having issues producing a divorce certificate to explain the wife away. Immigration has seen all this silliness and will have his name on record for the K1 so won't believe he just wants to visit. Why doesn't he want to process the K1 ? Most couples from high fraud consulates spend the process apart.


This will not be over quickly. You will not enjoy this.

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He doesn't want to cancel the k1 but, we have never met in person and I'm getting bombarded on here with people saying it will be denied even though we provided legitimate info regarding not meeting first. We talked about it and I thought it would be better to just withdrawal the k1 for now, have him come visit and then we can re-apply for k1. But, he will be moving here eventually and will need a job. He does not currently have a job in Nigeria because they have a higher unemployment rate then USA. He is finishing his Master's degree in September and will plan to come visit after that. He will still have to go back to do one more presentation for his masters but, plans to put that off so he can come to me for my birthday. His parents have money but, he is by no means rich. Nor am I! I'm living mostly on student loans and multiple jobs. I live with my mother. We will make due with another body in the house but, he is very eager to lay down roots here with me in the US.

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You've never met in-person, yet you're vouching to your government that in 90 days you'll marry someone from half the world away whom you've never met? And we wonder why K1 visa denial rates are so high!

He doesn't want to cancel the k1 but, we have never met in person and I'm getting bombarded on here with people saying it will be denied even though we provided legitimate info regarding not meeting first. We talked about it and I thought it would be better to just withdrawal the k1 for now, have him come visit and then we can re-apply for k1. But, he will be moving here eventually and will need a job. He does not currently have a job in Nigeria because they have a higher unemployment rate then USA. He is finishing his Master's degree in September and will plan to come visit after that. He will still have to go back to do one more presentation for his masters but, plans to put that off so he can come to me for my birthday. His parents have money but, he is by no means rich. Nor am I! I'm living mostly on student loans and multiple jobs. I live with my mother. We will make due with another body in the house but, he is very eager to lay down roots here with me in the US.

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He doesn't want to cancel the k1 but, we have never met in person and I'm getting bombarded on here with people saying it will be denied even though we provided legitimate info regarding not meeting first. We talked about it and I thought it would be better to just withdrawal the k1 for now, have him come visit and then we can re-apply for k1. But, he will be moving here eventually and will need a job. He does not currently have a job in Nigeria because they have a higher unemployment rate then USA. He is finishing his Master's degree in September and will plan to come visit after that. He will still have to go back to do one more presentation for his masters but, plans to put that off so he can come to me for my birthday. His parents have money but, he is by no means rich. Nor am I! I'm living mostly on student loans and multiple jobs. I live with my mother. We will make due with another body in the house but, he is very eager to lay down roots here with me in the US.

1.Where do you get he can stay 6 months on his visa? A6 montha Visa mans you have 6 months to entry. How long you get to stay is determined at the POE (the port of entry) by the CBP who stamps your passport. Usually 2 weeks to a few months rarely you get 6 months.

2. A Visitor Visa for an Unemployed Nigerian with a K1 in the system is about 100% assured to be denied

3. If he was to get a Visitor Visa he CAN NOT get employment

4. If he wants to come over on an employment Visa he needs to apply for a H1B Visa. Hope he has special skills set.

Right now where it stays our petition will be denied and you will either have to go meet him or forget it all. But to get him here you are going to have to meet and refile no two ways around that. I would really just withdraw the petition now go met him and refile now.

Do you meet the poverty guidelines or is your mother going to be the joint sponsor for the Affidavit of Support?


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I will burst the bubble again.

He cannot work here, unless he has a H1, or some other types of Visa, which is hard to get unless he is a Genius or in Information Technology or a Nurse. famous actor.

Or he can get a Green card by spending $500,000.

I think the best way would be for you to go meet him and then file k1, I can give 30% success rate with that.

or get married there and apply for CR1.

International relationships is not for people with no money hard truth. And the pain and extreme long wait for the other half to come here. I would not recommend it for any one, unless they are willing to sacrifice.

And once he or she gets green card, they might change their colors after coming here.

He doesn't want to cancel the k1 but, we have never met in person and I'm getting bombarded on here with people saying it will be denied even though we provided legitimate info regarding not meeting first. We talked about it and I thought it would be better to just withdrawal the k1 for now, have him come visit and then we can re-apply for k1. But, he will be moving here eventually and will need a job. He does not currently have a job in Nigeria because they have a higher unemployment rate then USA. He is finishing his Master's degree in September and will plan to come visit after that. He will still have to go back to do one more presentation for his masters but, plans to put that off so he can come to me for my birthday. His parents have money but, he is by no means rich. Nor am I! I'm living mostly on student loans and multiple jobs. I live with my mother. We will make due with another body in the house but, he is very eager to lay down roots here with me in the US.

Edited by marriedguy

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you spent $340, it is a drop in the bucket for the amount of money you should be willing to spend, welcome to the real world of International relationships :(.

Hello, so my fiancé plans to come over to USA to visit me. He plans to stay for the whole 6 months that the visitor visa is good for. The problem is that he plans to get a job while he is here. We are planning to wed as soon as the k1 visa is approved. Here is my problem. Visitor visa's require you to prove you intend to return to your home country. Employment visa's can be temporary or permanent. He eventually plans to move here and stay here to be with me. how do we go about him coming here to be with me yet work while he is here and still prove that he plans to go about things the proper way? It's such a confusing thing and there are so many different hoops to jump through. I'm already out $340 dollars from a visa petition I'm going to need to withdraw. I need to do this the right way this time. Thanks!!!!

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HI, I've been reading all your posts. I know it sounds crappy whichever way you try to turn, but all the advice you've been given, is all accurate. This man, being jobless in Nigeria, is NEVER going to get a visitor visa. Please don't waste your time or resources waiting for that to happen. It is not fair, and it hurts to want to be with someone that you cant be with, but its reality. I'm even a little surprised that your fiancé is telling you that he can go to the US on a visitor visa because most young men in Nigeria already know how hard that is to do. IF by some miracle he is able to enter the US on a visitor visa, he is not eligible to work in the USA. If you really want to be with this man, you have no option but to go to visit him. I have been to Nigeria a few times and I had horrible experiences there...that's not to say everyone will. But because of my bad experiences, I now come to Ghana and stay with my husband. Ghana is really really cool, and much more stable and safe. (I know Nigerians don't like to hear that, but my husband can tell you, its true). It says you are in New York...there are straight flights from New York to Ghana for around 1200 dollars. Flights with stops are slightly less. Ask your fiancé if he knows anyone in Ghana. There are A LOT of Nigerians here and maybe he knows someone that could accommodate the two of you for a couple weeks so you wouldn't have to pay hotel bills. A bus ride from Nigeria to Ghana on ABC bus is around $100 so it wont cost him too much to get here. And going back is around half of that. Food is cheap here if you don't go to the hotel restaurants and transportation is dirt cheap. It really wont cost too much if you make an effort. I wish you all the best.

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