Visa Confusion

[HDC 0]

Hello,

 

Thanks in advance for any and all help.

I am very lost on all the different visa's. Boyfriend is a US citizen (we have the intent to get married, we are not engaged yet) and we want to move my son (I have sole custody) and I to the US from Canada.

I am looking at all visa but I am so confused. I do have a diploma in Medical Office Admin but it seems they keep talking about specialty, exceptional etc workers with bachelors degree.

Does anyone know what visa I can qualify for?

[Alabamak1 688]

13 minutes ago, HDC said:

Hello,

 

Thanks in advance for any and all help.

I am very lost on all the different visa's. Boyfriend is a US citizen (we have the intent to get married, we are not engaged yet) and we want to move my son (I have sole custody) and I to the US from Canada.

I am looking at all visa but I am so confused. I do have a diploma in Medical Office Admin but it seems they keep talking about specialty, exceptional etc workers with bachelors degree.

Does anyone know what visa I can qualify for?

how do you want to immigrate to the US? work visa, spousal visa, fiance Visa? 

[Boiler 43,425]

K1 takes about 9 months and then you have 90 days to get married once you get here. Then takes about 4 months before you can work.

 

Or you get married file for a CR1 takes about 14 months and you can work as soon as you get here.

 

How old is your son?

[HDC 0]

Well I mean a work visa would be nice, I want to work.

I did come across the fiance visa and that one seems pretty easy and straight forward. Easier then a work visa... am I wrong to think this?

I have no idea what work visa I would qualify for and I really don't want to spend the money on a wrong visa and waste it. I was thinking EB-3 visa??

my son is 7

[Boiler 43,425]

The Employer pays the cost of the work visa, I would think you would have great difficulty finding an Employer to sponsor you.

 

7 is fine as a derivative for either of the 2 options I mentioned.

Edited April 20, 2018 by Boiler

[HDC 0]

so in your opinion is fiance visa the best route in my situation? We do intent to get married, we have talked about it lots, there just isn't a ring on my finger

[Boiler 43,425]

The biggie is waiting to work, is this an issue?

[Mrsjackson 300]

14 minutes ago, HDC said:

Well I mean a work visa would be nice, I want to work.

I did come across the fiance visa and that one seems pretty easy and straight forward. Easier then a work visa... am I wrong to think this?

I have no idea what work visa I would qualify for and I really don't want to spend the money on a wrong visa and waste it. I was thinking EB-3 visa??

my son is 7

I don’t believe your job skills would render you eligible for a work visa to the US. If you want to be with your boyfriend you’ll need to think about if you want to be married and then file a fiancé or spouse visa. Personally, I recommend the spouse visa in the current climate (less expensive and the almost the same amount of time these days). Your boyfriend would need to sponsor both you and your son (and prove that he has the finances to support you in the US). Nothing about immigrating to the US is easy, nor is it fast.

Edited April 20, 2018 by Mrsjackson

[HDC 0]

If we applied for a spouse to fiance visa can I still visit while we are waiting on an approval? I can drive there in 3 hours so we are close.

[Boiler 43,425]

Many people visit whilst in process.

[Mrsjackson 300]

37 minutes ago, HDC said:

If we applied for a spouse to fiance visa can I still visit while we are waiting on an approval? I can drive there in 3 hours so we are close.

You definitely can however please be advised it’s best to bring proof of home ties, for example a rental lease, mortgage, letter from employer saying they are expecting you back, etc. The reason for this is once you file you will be considered as having immigrant intent (which you do), and they may want to ensure you don’t have any intention of staying in the US until your petition is approved. You may be just fine without these things as well so don’t panick if you haven’t got them. 

 

I will stress to you how important it is to never ever lie to a border guard when trying to enter the US. Always be completely honest. They are very good at what they do and have been trained to catch people in a lie. They know what questions to ask. 

 

Also, if you plan to immigrate with your son (you already mentioned you have sole so no problem there) you will need to file a separate K2 visa for him. 

Edited April 20, 2018 by Mrsjackson

[HDC 0]

Thank you, I have no intention of lying to them I just want to be able to see him while we are waiting for approval. My boss and landlord will be able to give me a letter so maybe I will do that just to be safe. Thank you for the advice.

I didn't think getting a work visa would be so complicated. I didn't think the employer would have to pay for it, I mean I am willing and capable of paying the cost.

[Mrsjackson 300]

20 minutes ago, HDC said:

Thank you, I have no intention of lying to them I just want to be able to see him while we are waiting for approval. My boss and landlord will be able to give me a letter so maybe I will do that just to be safe. Thank you for the advice.

I didn't think getting a work visa would be so complicated. I didn't think the employer would have to pay for it, I mean I am willing and capable of paying the cost.

It’s not really about that. There are far too many people who would like to live and work in the states. America employs Americans first and will only employ a foreign worker if they cannot fill the position with one of their own, which makes total sense because they would have ridiculous unemployment rates if anyone from any country could just go in and take up the jobs. You are only eligible for a work visa in the US if they have a shortage of Americans who are trained and able to fill the position. That’s when they’ll bring other people in. For example, doctors are always in demand. There is a list a quick google search will bring up for you of professions and it is highly trained highly skilled people they’re looking for. 

 

They also employ artists and creatives who are recognized in their industry as having exceptional ability. So think actor who has been in movies with famous people already. Or model who has appeared in vogue. You can’t just say you’re a model and get a visa, you back it up with industry recognition. Or you can gather a very large sum of money (150k minimum - more depending on the area) and invest in a business down there. 

 

Im afraid if you want to be with your boyfriend in the US you two will need to make it permanent. And even that process is complex. Have a look at the current USCIS poverty guidelines and figure out if you think he makes enough to sponsor you and your son. If he has no children or dependents of his own, you are considered a household of three and he must make 125% of the poverty guideline for his household size to be able to sponsor. 

Edited April 20, 2018 by Mrsjackson

[SusieQQQ 11,584]

32 minutes ago, HDC said:

I didn't think getting a work visa would be so complicated. I didn't think the employer would have to pay for it, I mean I am willing and capable of paying the cost.

The US system doesn’t work like some other countries. You don’t apply yourself for a work visa. You apply for a job that meets certain requirements in terms of what is allowed under visas, the employer offers you a job and then sponsors you a visa to take up that job. Part of that is showing that no local citizen or permanent resident can do the job/will be displaced by you. There is a fair amount of work that goes into it and usually an immigration lawyer is involved, it’s not like you just filling in a visit visa form and paying a fee.

[Boiler 43,425]

If you want to focus on your own abilities best to up skill, look at the TN Visa categories, get qualified in one of those areas and then look to find a job.