IN A STATUS LIMBO

[selalu 0]

Hi everyone. I'm so glad I found this site.

Here's our situation:

We came to the US (from Spain) in October 2009 on a Student Visa (my husband has the F-1 and my kids and I have the F-2).

Our idea was to apply almost immediately for an H-1B Visa through my husband. For two years we had prepared everything for our move, and we thought we'd done our homework. Two weeks after our arrival in the US we found a sponsor for my husband. Everything was going so well. Until we were informed by one lawyer, and then another and another still, that my husband cannot apply for an H-1B visa because he is a chef.

We were devastated. We had been wrongly informed in Spain. Our dreams were shattered and we had little other options. For years we tried to apply for an investor visa, but they require so much money and aren't even a guarantee of anything. You invest the money, you apply, and you can easily be denied the visa.

Since then, we have been following ALL the rules. My husband goes to class religiously, we pay for his classes in order to maintain the visa, and he makes sure to attend the minimum of hours required. He has never had an issue. We have avoided working because we're not allowed to, and we are responsible members of our community. We have made many friends here and our kids are growing up here and this is now our home.

We have spent thousands and thousands of dollars here, and never cost the country 1 cent. We pay for our car insurance, we have our legal driver's licenses, we have health insurance and we even spent money on vacations and other "extra" things when we could afford it. We volunteer, we foster animals, we help the homeless and we deliver meals to the needy. We are doing things right and trying to be good "citizens".

When we arrived we had a lot of savings. We had saved every single penny we got as wedding gifts and from working very hard in Spain. But our money is running out. We barely have enough for a couple more months.

We opened a business 6 months ago (through a corporation) and it hasn't gone well. It has been a total disaster and we are trying to sell it to somebody who will be more successful than us. This has made us lose a horrible amount of money, and we are now pretty stranded, living in the Bay Area which we can't afford anymore.

Our plan is to move to Colorado as soon as we sell the business, and try to start a new one there. My husband is an amazing chef and we'd love to start a sort of tapas bar. We are very creative and hard workers and we'd love to have a little business in Boulder to add to the color and culture of that city.

Our problem is that we now have nothing. Our money is almost gone (except for the money we will potentially get from one business to invest in the next). We can barely pay the rent. We don't even have enough money to move until we sell our business. And worst of all, my husband still has to go to class. As soon as we move, he'll have to go 4 days a week. How on earth is he going to be able to have his own business if he is in class 4 days a week?

We are stuck. We are in a sort of limbo between being legal residents and being illegal. We are paying for our visa but have no advantages whatsoever. We have no time to work and no rights to loans or credit cards or that sort of thing. We would never be able to buy a house in our situation.

For 5 years we have refused to let our status turn to illegal, but now find that we don't have that much of a choice. But it's so scary.

All the lawyers we have seen say that our case is very particular and very complicated... but none of them seem to be able to help us out.

Can anybody give us some advice?

Thank you so much in advance.

[Hypnos 6,576]

From personal experience, I know that you cannot fit a square peg into a round hole.

If you can't make it work here - and it sounds as if you can't - perhaps you should consider returning to Spain. Consider how it will be for your children if they have to see you get dragged through immigration court, ICE detention, and everything that goes with that.

Unfortunately it is against this site's ToS to advise on illegal activity, so I think I'll bow out there, and wish you luck.

Edited September 14, 2014 by Hypnos

[Thomas&Cleofe 358]

The problem is you and your family came to the US on non-immigrant visa's and now you want to magically change all that to become permanent residents.

[selalu 0]

OMG... I'm so disappointed. I thought I was going to get help through this site.

I understand we came on a non-immigrant visa, but it was the only way we had. We have done things right.

Hypnos, thank you for your advice. I understand it seems so hard it doesn't make sense to keep trying. But we were so miserable in Spain... we would never choose to go back. I'd rather live anywhere else than there, unfortunately.

Sorry if it sounded like I needed advice on being here illegally. It really wasn't my intention. Rather, I need advice on staying legally!!

[kzielu 1,147]

There's no help you can get, magic solution you're expecting does not exists. H-1B would have been temporary by the way and had nothing to do with permanent residence (as any other work visa). Going back to Spain is your best solution or you can choose to move to any EU country you want..

[AnnaMaria 68]

OMG... I'm so disappointed. I thought I was going to get help through this site.

I understand we came on a non-immigrant visa, but it was the only way we had. We have done things right.

Hypnos, thank you for your advice. I understand it seems so hard it doesn't make sense to keep trying. But we were so miserable in Spain... we would never choose to go back. I'd rather live anywhere else than there, unfortunately.

Sorry if it sounded like I needed advice on being here illegally. It really wasn't my intention. Rather, I need advice on staying legally!!

With all do respects, there is no reason to get disappointed. Saying that a non-immigrant visa was the only way you had to get here so you can live and work permanently, means you committed immigration fraud already.

You said you in your original post "We avoided working because we're not allowed to", but you opened a business six months ago? Unless you opened it anywhere outside of the states, you already contradicted that sentence.

Like they said, as a citizen of Spain and the EU, you have pretty much all of Europe to re-locate. If you're not happy in Spain, you have plenty of other options. At the rate it sounds like you are heading financially and being unable to legally gain employment or funds, you will eventually become a public charge and cost the taxpayers money, whether through your immigration process (removal or deportation) or if you end up needing public assistance.

So, with all do respects, make the right choice. I don't think anyone will help you break the law here, the majority of these people are going through painful processes on their own just to be with loved ones and family, and they're doing it the RIGHT way.

[selalu 0]

I'm sorry to have offended you so much, AnnaMaria.

We are all on the same boat, trying to live here legally and rightfully. We all have our own problems, methods and situations, and it is not fair or polite that you "label" mine as easy because we are not striving to be with loved ones. Our process is just as painful as anyone else's.

I believe that as a citizen of the world, we should be able to live anywhere we please as long as we are good members of the community.

As for opening our business... we have done so 100% legally through a corporation and we are not working in it, therefore there is nothing contradicting there at all. It would be great for you to get your facts right before you comment.

We have followed ALL the rules, and we came on a Student Visa to make sure we wanted to live here. There was NO OTHER WAY for us to come from Spain, other than a Tourist Visa, and that wouldn't have been very noble on our part.

We are not asking for anyone to help us BREAK THE LAW.

Thank you for your input.

[AnnaMaria 68]

I'm sorry to have offended you so much, AnnaMaria.

We are all on the same boat, trying to live here legally and rightfully. We all have our own problems, methods and situations, and it is not fair or polite that you "label" mine as easy because we are not striving to be with loved ones. Our process is just as painful as anyone else's.

I believe that as a citizen of the world, we should be able to live anywhere we please as long as we are good members of the community.

As for opening our business... we have done so 100% legally through a corporation and we are not working in it, therefore there is nothing contradicting there at all. It would be great for you to get your facts right before you comment.

We have followed ALL the rules, and we came on a Student Visa to make sure we wanted to live here. There was NO OTHER WAY for us to come from Spain, other than a Tourist Visa, and that wouldn't have been very noble on our part.

We are not asking for anyone to help us BREAK THE LAW.

Thank you for your input.

I do not know if you are a troll or sincere, because I literally can't stop shaking my head reading these responses. Assuming you're sincere then...

A Student Visa is for the purposes of pursuing education, not obtaining residence, which you have clearly just stated and I underlined above. Therefore, that is premeditated immigration fraud. The only reason it is painful to you now, is because you are in a situation where you could get caught living illegally or become financially unstable. Fulfill YOUR part of the visa agreement and return to Spain and then apply for the appropriate visa to re-enter the states.

As for Opening your business....You do realize that if you are receiving any form of EARNED INCOME in the states, whether you are present and working there or not, or just bringing in profit, then you are considered TAXABLE and therefore are working illegally. There is no corporation that can legally evade immigration laws and allow non-immigrants to obtain income in the states without legally being responsible for taxes. Sorry, but again, you're cheating the system. **As I said, if your income comes from anywhere outside of the states, that is another story.

Sorry if this comes off as rude, but just because you're good people in your community and feel like you are a citizen of the world who can live anywhere, doesn't mean you can lie to get what you want. You do understand that your EXACT situation is one of the reasons there are immigration laws, and specific visas? You CANNOT get financial support in the U.S. as you stated because of your status, and you are ALMOST out of money, as you also stated. Do you think they are going to just pat you on your back when you are trying to get welfare on a student visa and just let you be on your way with food stamps and public support?

So if you want to be noble, you honor your commitments, you respect other people's homes and their country by following the rules, and you don't become a burden on those around you.

Edit: (I'll word this more nicely) You knew you were attempting to enter the states for purposes other than your intended visa, therefore you committed a crime at that point and are actually there with ulterior motives of not leaving once the education has completed. You need help from an immigration attorney, not people who are here trying to do things the right way. If you came here for help, you should have looked at some of the other forum posts where people tried to cheat the system or get illegal advice and see how they were responded too.

You're welcome for the input.

Edited September 14, 2014 by AnnaMaria

[selalu 0]

I do not know if you are a troll or sincere, because I literally can't stop shaking my head reading these responses. Assuming you're sincere then...

A Student Visa is for the purposes of pursuing education, not obtaining residence, which you have clearly just stated and I underlined above. Therefore, that is premeditated immigration fraud. The only reason it is painful to you now, is because you are in a situation where you could get caught living illegally or become financially unstable. Fulfill YOUR part of the visa agreement and return to Spain and then apply for the appropriate visa to re-enter the states.

As for Opening your business....You do realize that if you are receiving any form of EARNED INCOME in the states, whether you are present and working there or not, or just bringing in profit, then you are considered TAXABLE and therefore are working illegally. There is no corporation that can legally evade immigration laws and allow non-immigrants to obtain income in the states without legally being responsible for taxes. Sorry, but again, you're cheating the system. **As I said, if your income comes from anywhere outside of the states, that is another story.

Sorry if this comes off as rude, but just because you're good people in your community and feel like you are a citizen of the world who can live anywhere, doesn't mean you can lie to get what you want. You do understand that your EXACT situation is one of the reasons there are immigration laws, and specific visas? You CANNOT get financial support in the U.S. as you stated because of your status, and you are ALMOST out of money, as you also stated. Do you think they are going to just pat you on your back when you are trying to get welfare on a student visa and just let you be on your way with food stamps and public support?

So if you want to be noble, you honor your commitments, you respect other people's homes and their country by following the rules, and you don't become a burden on those around you.

Edit: (I'll word this more nicely) You knew you were attempting to enter the states for purposes other than your intended visa, therefore you committed a crime at that point and are actually there with ulterior motives of not leaving once the education has completed. You need help from an immigration attorney, not people who are here trying to do things the right way. If you came here for help, you should have looked at some of the other forum posts where people tried to cheat the system or get illegal advice and see how they were responded too.

You're welcome for the input.

For your information, anyone, including a tourist, can come to the US, start a corporation and open a business. There is nothing illegal about it. Each corporation has it's own Federal Tax ID and it is perfectly legal for the corporation to make money in this country. The corporation is TAXABLE.

Not everyone is lucky enough to fall in love and get married so easily, or to have the perfect job that gets them a Green Card or a work permit straight away.

I have the same right as you to live in this country.

And, once again, I am NOT trying to do anything illegal. I just wanted to see if I could get some advice on any other visa we hadn't yet considered. I wanted to CHANGE MY STATUS, not BREAK THE LAW.

By the way, our intention with the business was not to make money in the US (for now, at least), but to obtain the Investor Visa. We have been doing it all WITH A LAWYER.

Anyway, thanks again. Obviously I came to the wrong place because there are far too many angry folks here. I'll go elsewhere with my questions.

[AnnaMaria 68]

Definitely a troll.

Well done...well done.

[Thomas&Cleofe 358]

You do not have the right to permanently reside in the US. If anyone could immigrate and live in any country anytime they want the world would have a total economic collapse. You and everybody else must abide by immigration laws.

There is no status change to lawful permanent resident for your visa type....

[Boiler 43,437]

Lots of people come here as Students hoping that once they have completed their education they will find an Employer to sponsor them for a work visa.

Chefs come here on work visas sponsored by Employers, I have met several.

Not sure what you he has been studying for 5 years, and still is by the sound of it, is it something that is likely to result in him being sponsored?

You say you want to open a Restaurant in Boulder, I am quite familiar with Boulder, obviously not a cheap location and you would need plenty of funds.

E2 sounds appropriate buy you say you have no funds?

A non immigrant can own investments in the US including being the owners of a Company, they can not manage or work in the business, it has to be passive.

There are limited work opportunities for those on a Student visa.

If you are still looking at the H1b and its not a non profit situation then you are looking at least a year, you would need to find a Sponsor by April and hope you are lucky assuming it is oversubscribed.

[2ndMessiah 184]

Return to Spain. Regroup/recover......

trying looking at Canada. It would have been a better choice.

Very similar to he US. A working healthcare system and more open to immigration that the US.

Australia and New Zealand are also two other countries that I understand are also open to immigration.

I am sure you husband is a great chef but is he an exceptional chef? The US only wont the best and brightest these days..

Edited September 14, 2014 by 2ndMessiah

[AnnaMaria 68]

Return to Spain. Regroup/recover......

trying looking at Canada. It would have been a better choice.

Very similar to he US. A working healthcare system and more open to immigration that the US.

Australia and New Zealand are also two other countries that I understand are also open to immigration.

I am sure you husband is a great chef but is he an exceptional chef? The US only wont the best and brightest these days..

We need more cooking shows like Masterchef and Hell's Kitchen, I agree!

[Thomas&Cleofe 358]

We need more cooking shows like Masterchef and Hell's Kitchen, I agree!

There's not enough cooking shows.....??? My wife is addicted especially "Chopped".