How does getting a work visa compare

[Joshua Kaufman 1]

So I'm just about to send off my I-129F Petition for a fiancee visa and was wondering... if my fiancee could (I realize it's difficult but possible) get a job in the States, how would this compare to the K-1 fiancee visa? For example, if she was working in the States could we get married and then could she remain there? Does that make it much more complicated? I was just thinking about the different options and want to make sure I'm doing the right thing. Any thoughts would be appreciated

Cheers

[YuAndDan 153]

First a person will need a company to sponsor them, and there is a set number of work visas issued per year, the K-visa is easier since there is no set number to be issued per year.

Also what you propose is considered to be visa fraud, using 1 type of visa for purpose that it was not issued for, a work visa is for working, not immigration, and marriage, that is why there is a fiance(e) visa.

[JoeMama 0]

So I'm just about to send off my I-129F Petition for a fiancee visa and was wondering... if my fiancee could (I realize it's difficult but possible) get a job in the States, how would this compare to the K-1 fiancee visa? For example, if she was working in the States could we get married and then could she remain there? Does that make it much more complicated? I was just thinking about the different options and want to make sure I'm doing the right thing. Any thoughts would be appreciated

Cheers

The suggestion you're making is considered to attempt visa fraud. If your fiancee was to come here on a work visa and THEN you two had met after her arrival, that would be a completely different story entirely. Since you two do know each other and are engaged, I think you would have to create a ton of lies to say how you've actually met in the last 2 years, etc. Getting caught lying on the visa application would quite possibly get the visa denied. I know it's a long process. Some thinks are just worth the wait to do it the right way.

I would consult an immigration attorney if you really wish to find out other alternatives.

[msu17 0]

Even if you didnt have the issue of visa fraud (silly intent...) I dont think it would wind up being any quicker. Not sure what Germany's interview timeline is, but I'm pretty sure its not a crazy long wait. You are going through Vermont, so assuming nothing goes wrong, lets say you get the approval in 3 weeks. 1-2 weeks for NVC and the mail. Lets say 3-4 months for the 2nd half of the process. You are looking at 4-5 months (assuming no complications). If you were to go the work visa route, she would need to find a job, interview, them to submit the paperwork etc. Just to find a job and get hired would probably take 4-5 months in itself! K-1 is the way to go

[athena_ny 1]

H1B is dual-intent though...

So I'm just about to send off my I-129F Petition for a fiancee visa and was wondering... if my fiancee could (I realize it's difficult but possible) get a job in the States, how would this compare to the K-1 fiancee visa? For example, if she was working in the States could we get married and then could she remain there? Does that make it much more complicated? I was just thinking about the different options and want to make sure I'm doing the right thing. Any thoughts would be appreciated

Cheers

The suggestion you're making is considered to attempt visa fraud. If your fiancee was to come here on a work visa and THEN you two had met after her arrival, that would be a completely different story entirely. Since you two do know each other and are engaged, I think you would have to create a ton of lies to say how you've actually met in the last 2 years, etc. Getting caught lying on the visa application would quite possibly get the visa denied. I know it's a long process. Some thinks are just worth the wait to do it the right way.

I would consult an immigration attorney if you really wish to find out other alternatives.

[TimsDaisy 0]

I don't think it is fraudulent unless you get the work visa, come here, but there was never a job and you never start working.

Work visas are closer to fiance visas than tourist visas. You don't have to prove that you'll be leaving the country again in set number of days because - duh - you're coming here to work. Not to mention, I presume your fiance would need a job over here anyway. If your fiance wants to come to the US to work legally and finds a company that sponsors her, it's just a bonus that she has a support structure in place. I don't believe the two are mutually exclusive in the slightest.

So your fiance would have a) employment that is b ) legal and c) would be in the same place as you while d) following all immigration law.

I think our VJ tendency to call everything "FRAUD" is where we separate ourselves from qualified immigration lawyers who would have a much better read on the situation.

By the way: it is true that there are a limited number of H series (work) visas issue per year and they get snatched up realllllly fast. (And "year" for them means the federal fiscal year which runs from Oct - Sept, not Jan - Dec). What goes faster, however, are intra-company transfers, from what I understand. That means if you get hired by a company that has offices and branches in the US, you can transfer between them with less time and less legal hoop jumping than if you are being hired directly by a US company. The US company has to have the legal resources and know-how to navigate the process - which is time consuming and expensive.

Edited March 19, 2007 by TimsDaisy

[TimsDaisy 0]

So I'm just about to send off my I-129F Petition for a fiancee visa and was wondering... if my fiancee could (I realize it's difficult but possible) get a job in the States, how would this compare to the K-1 fiancee visa? For example, if she was working in the States could we get married and then could she remain there? Does that make it much more complicated? I was just thinking about the different options and want to make sure I'm doing the right thing. Any thoughts would be appreciated

Cheers

The suggestion you're making is considered to attempt visa fraud. If your fiancee was to come here on a work visa and THEN you two had met after her arrival, that would be a completely different story entirely. Since you two do know each other and are engaged, I think you would have to create a ton of lies to say how you've actually met in the last 2 years, etc. Getting caught lying on the visa application would quite possibly get the visa denied. I know it's a long process. Some thinks are just worth the wait to do it the right way.

I would consult an immigration attorney if you really wish to find out other alternatives.

If the fiance is here on a valid, legally obtained work visa, there's really not going to be a problem unless someone had the ability to fabricate an entire US corporation that could obtain the work visa and no employment actually existed - which I'm going to go ahead and assume is no where NEAR what the OP is asking about here. And I'm not sure what the met-within-2-years requirement has to do with the work visa question. All they have to have done for the K1 is to have been in the same geographic place together within the last 2 years. Not met as in formally introduced to each other, etc. And that requirement is for K1 which presumes the fiance is not currently present in the US. If the fiance were legally present under a valid work visa, then there'd be no K1 process, just an adjustment of status.

What the OP is talking about is not an attempt at visa fraud. A relationship with an American does not foreclose a foreign citizen's ability to seek a work visa to obtain employment. There are plenty of requirements and checks for legitimacy under those visa application procedures. We're trying to compare apples and oranges without the benefit of formal agricultural training, if you follow my analogy.

[ken and mintra 0]

So I'm just about to send off my I-129F Petition for a fiancee visa and was wondering... if my fiancee could (I realize it's difficult but possible) get a job in the States, how would this compare to the K-1 fiancee visa? For example, if she was working in the States could we get married and then could she remain there? Does that make it much more complicated? I was just thinking about the different options and want to make sure I'm doing the right thing. Any thoughts would be appreciated

Cheers

Joshua, Wie Gehts! When all is said and done, it would be quicker just to do the I-129F and it will take any worry you might have of potential visa fraud. Especially if it's Vermont. Besides, I assume that she's worth waiting for.

[Cécy 44]

Unless your fiancé has a degree in science I would say stick with the K1. (you have more chances of getting a job in reseach those days than anything else as a foreigner, or at least it seems so).

I'm in the US under a B2 visa, because I couldn't stand being away from my boyfriend anymore and neither of us are ready to tie the knot yet. I've been here for over 6 months (applied for an extension) and trust me, it's hell.

There aren't many companies who want to go through the hassle of working visas to get an employee. For an H1B visa, there are quotas, it's better to apply in April (it usually runs out by august if not earlier) but even if you apply so early, you won't be able to work until October.

The other option is an H2B visa, which is a seasonal working visa. But the company needs to get authorization from the department of labor, then the company can apply for the visa for you (at least 60 days before the beginning of the job) and all of it takes months!

Trust me, it's frustrating, hard and not motivating. You have more chances of getting things right and fast through the K1 visa. The immigration laws make it easier for people who want to get married to obtain the proper papers.

And keep in mind that with the current immigration problems a lot of companies tend to be reluctant about hiring foreigners.

Yes there are a lot of people who find jobs, but what % is it out of all those who try?

I can just tell you from experience that it's not an easy way. I've been offered jobs severeal times, great positions and then people came back on their decision because they didn't want to deal with visas, even if from the beginning I was honest and told them what is would be like.

[JoeMama 0]

If the fiance is here on a valid, legally obtained work visa, there's really not going to be a problem unless someone had the ability to fabricate an entire US corporation that could obtain the work visa and no employment actually existed - which I'm going to go ahead and assume is no where NEAR what the OP is asking about here. And I'm not sure what the met-within-2-years requirement has to do with the work visa question. All they have to have done for the K1 is to have been in the same geographic place together within the last 2 years. Not met as in formally introduced to each other, etc. And that requirement is for K1 which presumes the fiance is not currently present in the US. If the fiance were legally present under a valid work visa, then there'd be no K1 process, just an adjustment of status.

What the OP is talking about is not an attempt at visa fraud. A relationship with an American does not foreclose a foreign citizen's ability to seek a work visa to obtain employment. There are plenty of requirements and checks for legitimacy under those visa application procedures. We're trying to compare apples and oranges without the benefit of formal agricultural training, if you follow my analogy.

Sure I follow the analogy. I live in an agricultural region.

As I had said, "I would consult an immigration attorney if you really wish to find out other alternatives".

[Niels Bohr 72]

Despite the hassle, you may try having your fiance work under the table (look it up, no pun intended). Some people may have problems with that in the forums, but, if you rather do that then go for it.

[JoeMama 0]

With me having 2 businesses my fiancee could have worked for, I am glad I did go the route of the K-1! It wasn't hard to start the process and the routine appears to much more simple. Thank you Cecile' for telling us the reality of your situation!

[Cécy 44]

With me having 2 businesses my fiancee could have worked for, I am glad I did go the route of the K-1! It wasn't hard to start the process and the routine appears to much more simple. Thank you Cecile' for telling us the reality of your situation!

No problem. I know it looks easy and feasable until you really get into it. I now really wish that we can think of getting married and file for a K1 or an AOS or whatever fits our situation because I think that it is much if not easier at least feasable.

I think that unless you have a serious promess of work (written) or a possibility of transfer through companies, it's not worth putting your energy into. Might as well put it in something that has more chances to work out.

[TimsDaisy 0]

Despite the hassle, you may try having your fiance work under the table (look it up, no pun intended). Some people may have problems with that in the forums, but, if you rather do that then go for it.

There's no "under the table" visa offered by the US government.

She'd have to enter as a tourist, then work illegally, then marry him. THAT might be problematic (though again, the legality of entering and then adjusting has been discussed to death lately here). But that's not the question that was asked here - so let's not discuss it again here. The OP asked specifically about work visas. Entering on the VWP or as a toursit AND working pre-authorization are two thorny areas that we probably should leave be!

[Mrs.J06 4]

By the way: it is true that there are a limited number of H series (work) visas issue per year and they get snatched up realllllly fast. (And "year" for them means the federal fiscal year which runs from Oct - Sept, not Jan - Dec). What goes faster, however, are intra-company transfers, from what I understand. That means if you get hired by a company that has offices and branches in the US, you can transfer between them with less time and less legal hoop jumping than if you are being hired directly by a US company. The US company has to have the legal resources and know-how to navigate the process - which is time consuming and expensive.

Just remember, for an L-1 (intra-company transferee) visa you have to have a one year long work history with the foreign company before they can transfer you to the USA. So you pretty much have to be with that company already to make that way any faster than the K-1.