Is a work visa even possible?

[msbau764 245]

Hello! This is my first post and my first time looking into visa options. I am an American citizen, and my SO is Dutch. He finishes school in a year and then the intention was for him to move here to be with me through a work visa. We are both in our early 20's and not ready to marry yet, so that was the best option for us vs a K-1 visa.

I've have started to do some research about the visas, and I'm getting concerned. Based off of what I'm reading, he can't join me in the US until he's had five years of work experience (he is currently getting his MBA, so he will have an advanced degree) and finds an employer who will sponsor him. If this is true then it makes for sense for us to just get married: I can't do long distance for 5 more years. It's even more complicated because I will be a student for 4+ more years, so I won't have any funds to support him and would need a co-sponsor even for a K-1.

Basically, I just need some help. This is all very overwhelming, and everything I read makes the dream of him moving here appear further and further away.

Your best bet is for you and your SO to get married (whether via fiance visa or CR1). All the scenarios you are discussing are a serious hassle and not guaranteed either. Not many European companies will send a finance guy (or gal) to the States unless they have been working at the company for several years or if they are sending employees as part of a temporary, rotational program, meaning your SO will have to go back to Europe anyways. If your SO goes to one of the top 20 business schools in Europe there may be opportunities for expat work via recruiting, however those spaces are very limited. If your SO wasn't already enrolled in business school, the other option would've been to apply to an MBA program in the States. I think that ship has sailed. If you get married in Europe, for instance, you could time your application to coincide with your SO's graduation date, so that upon issuance of the degree he/she can arrive in the US and begin to look for work immediately.

Idk. You have many options.

[ufo86 0]

Oh. That was stupid of me. Ha. His whole family is over there, so that shouldn't be a problem. I get what you are saying, but it's mostly our age and not necessarily our commitment/spending time together that stops us from taking the plunge. If all went according to plan, it would be in another 5 or so years before we would actually get married, as we would prefer to be in our late 20's. Obviously, that may change if that's our only option to get him over here, but I think we both agree that if it is in any way possible we'd like him to be here before we made a decision about marriage. Marriage in and of itself is a huge, life-changing decision. I would hate to rush it just so that we can get him here. But like I said, It's not out of the realm of possibility.

I understand exactly where you're coming from, I've been there myself, however, while marriage holds a deep cultural meaning and what not (huge step in life, I agree), I have come to accept that it's really just a matter of formality and paperwork (since in the U.S. it can be undone just as easily). Don't let it get in between you and your loved one. I did that myself, where I waited to "do the right thing" and I ended up losing her because we could barely see each other, the whole overseas thing was killing us, the distance can play a huge role in destroying relationships, especially at a younger age (early 20s).

Anyway, enough with personal opinions, for your question / situation I think the best option I honestly see is either L-1 or H-1B. Once he is here, he can apply for a Green Card on the EB2 category you mentioned above. Or if things go well, marriage.

[DutchietoAmerica 0]

Your best bet is for you and your SO to get married (whether via fiance visa or CR1). All the scenarios you are discussing are a serious hassle and not guaranteed either. Not many European companies will send a finance guy (or gal) to the States unless they have been working at the company for several years or if they are sending employees as part of a temporary, rotational program, meaning your SO will have to go back to Europe anyways. If your SO goes to one of the top 20 business schools in Europe there may be opportunities for expat work via recruiting, however those spaces are very limited. If your SO wasn't already enrolled in business school, the other option would've been to apply to an MBA program in the States. I think that ship has sailed. If you get married in Europe, for instance, you could time your application to coincide with your SO's graduation date, so that upon issuance of the degree he/she can arrive in the US and begin to look for work immediately.

Idk. You have many options.

He is in one of the top 20 business schools in Europe, so there is a chance (no matter how small) that he could be recruited. Ship has definitely sailed on him coming here for his degree though. Even if we decide to go the marriage route, I don't think we'd be ready within the next year to make that step. It would probably be a worst-case scenario if he doesn't find a job/get a visa, so getting married in the next few months doesn't seem like a realistic option for us right now. I'm hoping that he will find find a company that would be willing to send him over or one here that would take him right away. Cross your fingers for us! It seems that the next few years are going to be stressful

[DutchietoAmerica 0]

I understand exactly where you're coming from, I've been there myself, however, while marriage holds a deep cultural meaning and what not (huge step in life, I agree), I have come to accept that it's really just a matter of formality and paperwork (since in the U.S. it can be undone just as easily). Don't let it get in between you and your loved one. I did that myself, where I waited to "do the right thing" and I ended up losing her because we could barely see each other, the whole overseas thing was killing us, the distance can play a huge role in destroying relationships, especially at a younger age (early 20s).

Anyway, enough with personal opinions, for your question / situation I think the best option I honestly see is either L-1 or H-1B. Once he is here, he can apply for a Green Card on the EB2 category you mentioned above. Or if things go well, marriage.

Sorry to hear about your relationship. Long distance is incredibly hard, so I completely understand where you are coming from when you say that it destroys relationships and that it may be better to go ahead and get married anyways. I would actually be receptive to it, but not sure if he will be. That'll have to be a conversation that happens in the near future. I'm assuming he is going to try for a L-1 or an H-1B. He is not one to rush into anything, so I can't see him deciding to get married just to get a visa (and because he loves me and all of that of course...but it definitely wouldn't be this soon).

[ufo86 0]

Sorry to hear about your relationship. Long distance is incredibly hard, so I completely understand where you are coming from when you say that it destroys relationships and that it may be better to go ahead and get married anyways. I would actually be receptive to it, but not sure if he will be. That'll have to be a conversation that happens in the near future. I'm assuming he is going to try for a L-1 or an H-1B. He is not one to rush into anything, so I can't see him deciding to get married just to get a visa (and because he loves me and all of that of course...but it definitely wouldn't be this soon).

No problem, I'm over it, it was several years ago Bring the marriage conversation with him, it could also mean new opportunities for him here in the U.S. as well, he gets his Green Card with the marriage as well, and gets to freely look for jobs, employments, etc. It could help him out in his early 20's more than anything.

But for now, he can try to do the H1B, first find a company that is willing to sponsor him, they would have to file for him on April 1st 2015 (after getting a job offer of course), if approved he can start working here October 2015, as you can see its a lengthy process.

As for L1, I am not sure how to start it, as I haven't been through it, all I know is that a company that he work for in his home country should have a branch in the U.S. and they should be willing to "transfer" an employee over there to work in their U.S. branch. Then they apply for an L1 for their employee (him), when he gets the L1, he can come here and start working for that company only.

[David & Diana R 1,005]

Oh. That was stupid of me. Ha. His whole family is over there, so that shouldn't be a problem. I get what you are saying, but it's mostly our age and not necessarily our commitment/spending time together that stops us from taking the plunge. If all went according to plan, it would be in another 5 or so years before we would actually get married, as we would prefer to be in our late 20's. Obviously, that may change if that's our only option to get him over here, but I think we both agree that if it is in any way possible we'd like him to be here before we made a decision about marriage. Marriage in and of itself is a huge, life-changing decision. I would hate to rush it just so that we can get him here. But like I said, It's not out of the realm of possibility.

With all due respect I just don't understand the "we would prefer to be in our late 20's" concept. Might you have concerns with scholarships/assistance/aid or school fees if you get married? You are right, "Marriage in and of itself is a huge, life-changing decision." So assuming the two of you are in love go to his country and get married. File for a CR-1 when you get back to the US. It will take 8-12 months. You will have a few challenges but love is blind. Seriously, I am not judging you, I am just confused why people think they need to be "older" to get married. Anyway, good luck but most of all God Bless.

[msbau764 245]

I understand exactly where you're coming from, I've been there myself, however, while marriage holds a deep cultural meaning and what not (huge step in life, I agree), I have come to accept that it's really just a matter of formality and paperwork (since in the U.S. it can be undone just as easily). Don't let it get in between you and your loved one. I did that myself, where I waited to "do the right thing" and I ended up losing her because we could barely see each other, the whole overseas thing was killing us, the distance can play a huge role in destroying relationships, especially at a younger age (early 20s).

Anyway, enough with personal opinions, for your question / situation I think the best option I honestly see is either L-1 or H-1B. Once he is here, he can apply for a Green Card on the EB2 category you mentioned above. Or if things go well, marriage.

I found what you said to be very insightful, not personal. Thanks for sharing.

[ufo86 0]

I found what you said to be very insightful, not personal. Thanks for sharing.

I'm glad msbau764, young people (myself in the past included) put too much weight on "official" marriage in my opinion, and they tend to give it more than it really deserves. At the end of the day, for me at least, the marriage between two souls is in their hearts only, not on a piece of paper approved by the state. So if all I had to do is get some state clerk to sign a piece of paper and I can bring my loved one to me for eternal stay, I will absolutely do it, no questions asked. And hey, if things go south, so be it. You live and learn, nothing is perfect and nothing is forever.

I'll never let paperwork get in between a loved one and myself again that's for sure. Since I'm not really a believer in doing "the right thing" any-more, I'd rather do what works for now and live today to build a better tomorrow.

Edited November 21, 2014 by ufo86

[genddob 10]

L-1 allows a company to transfer an employee from their local branch to their US branch. It is a bit restrictive though, as the person holding the L-1 cannot quit the job / get fired during his stay in the U.S. if so, he MUST leave, unlike the H1B he doesn't get 90 days to find a new job.

Also with an H1B, you can file for a Green Card later (it's a dual intent visa), but the L1 is not, and you cannot file for a green card while holding an L1.

Just to correct some erroneous info -

1. L1 is indeed dual intent and many people adjust from L1 visa to green card once they transfer over with employer.

2. H1B visa holders do not have 90 days to find a new job if they get fired or quit.

[ufo86 0]

Just to correct some erroneous info -

1. L1 is indeed dual intent and many people adjust from L1 visa to green card once they transfer over with employer.

2. H1B visa holders do not have 90 days to find a new job if they get fired or quit.

I stand corrected, I apologize, yes, L1 visa is also a dual intent just like H1B. But you will need company / employer to do that.

For the legnth of stay after an H1B if job is lost, it varries, in Florida where I am, it is generally 90 days, thus my answer.

Here is more info: http://www.visapro.com/Immigration-Articles/?a=1288&z=48

[Boiler 43,436]

It is not that simple but as this is not an actual issue I will leave it at that.

[Coraliine 1]

Hey. I'm an American dating a Dutch guy going through the same stuff as you. I'll shoot you a PM and we can talk about it, maybe.

[shhamada 5]

For the K (fiance visa) you need to prove you can support him while he is here, and provide that affidavit of support..in addition he cannot work until he has a change in status to allow for this. K1's generally take around the six month mark and are pretty expensive.

Best of luck to you both