B-2 Visa - How difficult is it to change status?

[keskimberlyEAC 0]

So, I'm not the one with a visa, my boyfriend is. We met a few months ago, and he is here on a B-2 visa from Mexico as he was visiting some family members. While he has been here, he's wanted to find a job (which he and I know he can't do on a B-2) and maybe go back to school, but here in the U.S. He completed his undergrad in Mexico, and he wants to work with food. He has a while until his visa expires, and he and I are a little confused on a few things. Can he apply for a different visa (either work or student) while he's under this current tourist visa, or would he just change the status? Does it take long to do this? His main concern is that when he goes back to Mexico to inevitably either renew or apply for a different visa, that it will take too long (he's had family that would apply already with a work sponsor and it took up to 6 months, so they would let them go and lose the job). This process is frustrating, to say the least. 

 

I guess I mainly want to know what his options are? He's calling around and getting different answers and in turn growing frustrated. He did live here for a few years while he was in high school, so this isn't his first time in the U.S. He is wanting eventually to live here permanently. Would it be far-fetched for him to apply for a green card at this point? 

 

Thank you for taking the time to read this. There is no rush on his status being inside the U.S. legally, he's just wanting to know what he can do to start working now that he has a few prospects. 

[Transborderwife 4,666]

Are you asking about marriage?

[Unlockable 7,315]

Is his B2 visa as a whole is expiring or the time slot for this entry is expiring (I94)?

 

And you are correct that it is not as simple as him coming here then one day deciding he wants to adjust status. He needs a qualifying US citizen immediate relative to petition for him. That would either be a spouse, parent, or child over 18. The options you listed are doable but it is not the quick turn around that you think it is. 

 

Student visa requires him to be accepted into the school or University and show that the 1 years tuition will be paid. He has to show he has the complete funds to pay the tuition for a year.

 

He would need to find a company that is willing to hire him and to file a work visa for him. This usually takes some time and it is mainly done through the company's legal department.

 

If his time is expiring he can simply return to Mexico and come back at a later time. If his visa is expiring then he could go back to MX and re apply for a new one. If he overstays his visa when it expires then his options become much more difficult without a qualifying USC relative.

 

[az2014 381]

Get married, then he returns to Mexico and applies for a CR1 visa.

 

Simple.

[keskimberlyEAC 0]

@Transborderwife and  @az2014 : He and I have discussed that it is too early to consider marriage for right now. I know that's the obvious answer, but he wants me to finish school (which won't be too long). He doesn't want to put pressure on me while I'm still in school and establishing my career, and he also doesn't want to get married in order to stay in the country. He's a romantic, he wants to get married because we'd both be ready for it. We're mad about each other, but I'm certainly not ready for that. 

Also, wouldn't it be suspicious to marry someone in this circumstance only after knowing them for a few months? He isn't looking for an easy answer, just a better outline of what his options are. 

 

Thank you for your responses, I do appreciate them.

Edited March 28, 2017 by keskimberlyEAC

[Transborderwife 4,666]

Believe it or not it happens quite a bit.  He likely will need to return home and Perdue his options there.

[Boiler 45,657]

You said he wanted a Green Card so naturally everybody jumped to marriage.

 

Student would require a F1 Visa if he goes home first or Status if he adjust to F1 in country.

 

To work, well that is something his potential Employer sorts out, might be a few options but difficult to say, what have the Companies he has spoken to said?

 

Just now, keskimberlyEAC said:

@Transborderwife and  @az2014 : He and I have discussed that it is too early to consider marriage for right now. I know that's the obvious answer, but he wants me to finish school (which won't be too long). He doesn't want to put pressure on me while I'm still in school and establishing my career, and he also doesn't want to get married in order to stay in the country. He's a romantic, he wants to get married because we'd both be ready for it. We're mad about each other, but I'm certainly not ready for that. 

Also, wouldn't it be suspicious to marry someone in this circumstance only after knowing them for a few months? He isn't looking for an easy answer, just a better outline of what his options are. 

 

[keskimberlyEAC 0]

@NuestraUnion

 

I'm not sure which is expiring, or really what the difference is, I'm sorry. 

 

I know school for him won't be in the immediate future, but definitely down the line. That's why he wants to work for now. Would a company like a small franchise gym be able to file a work visa for him? Or what kind of companies can do this?

 

He plans to go back when his visa/time on it expires because he understands the consequences if he doesn't and wants to return. Do you know maybe how long the process would be if he did apply for a work visa? 

 

Thank you, I really appreciate your response.

[Transborderwife 4,666]

Just now, keskimberlyEAC said:

@NuestraUnion

 

I'm not sure which is expiring, or really what the difference is, I'm sorry. 

 

I know school for him won't be in the immediate future, but definitely down the line. That's why he wants to work for now. Would a company like a small franchise gym be able to file a work visa for him? Or what kind of companies can do this?

 

He plans to go back when his visa/time on it expires because he understands the consequences if he doesn't and wants to return. Do you know maybe how long the process would be if he did apply for a work visa? 

 

Thank you, I really appreciate your response.

No.  He needs highly specialized training, think at least a bachelors degree if not more.  He's Mexican so there's the TN visa depending on his educational background 

[KierenHby 899]

1. Unless he marries you, no green card. 

2. If he wants to go to undergrad\grad school, he needs to pick one, they need to admit him and issue an i20 and he can apply for COS. 

3. Work visa H1 highly unlikely, TN an option depending on his skill set. 

[keskimberlyEAC 0]

Transborderwife

He does have his bachelor's degree from a university in Mexico in gastronomy, and he's looking for a jobs here and there, but I guess he really does need to narrow his focus to just restaurants (which unfortunately where we are is highly competitive). 

 

Thank you!

[Transborderwife 4,666]

5 minutes ago, keskimberlyEAC said:

Transborderwife

He does have his bachelor's degree from a university in Mexico in gastronomy, and he's looking for a jobs here and there, but I guess he really does need to narrow his focus to just restaurants (which unfortunately where we are is highly competitive). 

 

Thank you!

Restaurants will not get him a work visa.

[keskimberlyEAC 0]

@KierenHby

 

I was just curious about how someone gets a green card, he wasn't exactly itching to get one anytime soon. I'm just confused on the process since I haven't had to do this. 

Okay so school could be a stronger option for him than work? He wants to go back really soon anyhow, so maybe he can do that. 

He was trained in gastronomy and was taught certain cuisines in different regions in Mexico, so his main thing is cooking. 

[keskimberlyEAC 0]

@Transborderwife

 

Ah dang okay, that's just another thing he and I were confused about as well. Thank you!

[KierenHby 899]

10 minutes ago, keskimberlyEAC said:

@KierenHby

 

I was just curious about how someone gets a green card, he wasn't exactly itching to get one anytime soon. I'm just confused on the process since I haven't had to do this. 

Okay so school could be a stronger option for him than work? He wants to go back really soon anyhow, so maybe he can do that. 

He was trained in gastronomy and was taught certain cuisines in different regions in Mexico, so his main thing is cooking. 

If he's really not itching to get a GC, no point talking about it. What matters is what he wants. Student status sounds most likely. 

You come across as desperate for him to remain in the US at any cost.