Please help, how can my wife work in the USA?

[Abe613 0]

7 minutes ago, DJ C said:

You probably know all the options,  but just in case ... The work visas (I believe H-1) are limited per year, e.g. 65k for FY2020. If the employer has branches in both countries she could fall under intercompany transfer visa (L-1), which is not limited. Seems like H-1 is a long shot, L-1 may be doable. Otherwise, as suggested here, the spousal visa...

What would be quicker? To go for the spousal visa here in Israel, or to come to the US on her B1 and then go for the spousal in the US?

 

[DJ C 9]

1 hour ago, Abe613 said:

What would be quicker? To go for the spousal visa here in Israel, or to come to the US on her B1 and then go for the spousal in the US?

 

Careful here. Entering on B1 with the intent to immigrate may be perceived as fraud. Y'all would need a good reason to make your case, and make sure the B1 does not expire before approval of spousal visa. We were told our ONLY option was to apply from outside. This is our experience, but perhaps someone can answer this better

Edit: mushroomspore already said the same

Edited May 13, 2019 by DJ C
edit

[Boiler 43,430]

Quickest would be to file now.

[SalishSea 16,770]

10 hours ago, Abe613 said:

What would be quicker? To go for the spousal visa here in Israel, or to come to the US on her B1 and then go for the spousal in the US?

 

I don't think you're getting this.  Entering on a B visa with the intent to overstay and adjust status is immigration FRAUD.   Your option is to apply for a spousal visa and wait in the queue like everyone else.  

[Abe613 0]

Just now, Jorgedig said:

I don't think you're getting this.  Entering on a B visa with the intent to overstay and adjust status is immigration FRAUD.   Your option is to apply for a spousal visa and wait in the queue like everyone else.  

That does not sound right to me. The visa is good for another 5 years. There is no intent to brake any law. We would go and live in the US in any case. If we can find a way for my wife to legally work, then she will. If she can't then she won't. If it takes time, then she will wait. Where is the sense in waiting a year to go if I can go now and apply there? 

[SalishSea 16,770]

2 minutes ago, Abe613 said:

That does not sound right to me. The visa is good for another 5 years. There is no intent to brake any law. We would go and live in the US in any case. If we can find a way for my wife to legally work, then she will. If she can't then she won't. If it takes time, then she will wait. Where is the sense in waiting a year to go if I can go now and apply there? 

Your wife does not have the correct visa type for what you wish to do.  She has a B visa, correct?  A B visa is a nonimmigrant visa for short visit.  It is not for people who want to live or work in the USA.  Doing those things on a B visa is against the conditions of the visa, and could result in consequences later, such as a bar.

 

Your wife needs an immigrant visa.  As I pointed out earlier, marriage to a US citizen does not in and of itself confer ANY privileges.  She still needs the correct visa for the purpose of coming to the US to live + work, and that is a CR/IR-1 spouse visa.

 

You can certainly petition her from the country you reside in, and then you can travel to the US to establish domicile, get a job, etc.  She can continue to travel on a valid B visa (subject to admission by CBP), but she will need to have her interview  for the CR-1 overseas. 

 

And yes, it is currently taking upwards of one year from start to finish, due to all the people ahead of you in line for the same thing.

[Just Paul 4,591]

15 minutes ago, Abe613 said:

That does not sound right to me. The visa is good for another 5 years. There is no intent to brake any law. We would go and live in the US in any case. If we can find a way for my wife to legally work, then she will. If she can't then she won't. If it takes time, then she will wait. Where is the sense in waiting a year to go if I can go now and apply there? 

She can not enter the US on a B visa with the intent to adjust.  That is Visa Fraud.  She must interview outside the US in a country where she has legal residency.

 

B2 visas are for tourist activities.  Living in the US with her family is not tourism.

 

Like I said before you can contact the Embassy and see if your job offer will qualify for a DCF.

 

 

Edited May 13, 2019 by Paul & Mary

[NigeriaorBust 4,087]

  If you guys show up at border patrol and the agents asks her "why are you coming to the US ? "  Her truthful answer would be I intend to stay here and live.  Her visa would be immediately cancelled and she would be on the next plane back to where she came from.  Is that the result you are looking for ?  

[Roel 7,191]

10 minutes ago, Abe613 said:

That does not sound right to me. The visa is good for another 5 years. There is no intent to brake any law. We would go and live in the US in any case. If we can find a way for my wife to legally work, then she will. If she can't then she won't. If it takes time, then she will wait. Where is the sense in waiting a year to go if I can go now and apply there? 

Yes, she has a tourist visa. For being a TOURIST.

The visa cannot be used with intent to live and work in the US. What doesn't sound right here?

[SalishSea 16,770]

1 minute ago, NigeriaorBust said:

  If you guys show up at border patrol and the agents asks her "why are you coming to the US ? "  Her truthful answer would be I intend to stay here and live.  Her visa would be immediately cancelled and she would be on the next plane back to where she came from.  Is that the result you are looking for ?  

And to make any statements other than the truth could lead to material misrepresentation and a permanent bar from entering the US.

[NigeriaorBust 4,087]

2 minutes ago, Jorgedig said:

And to make any statements other than the truth could lead to material misrepresentation and a permanent bar from entering the US.

  Maybe the OP is really looking for a low cost separation 

[Abe613 0]

2 minutes ago, Roel said:

Yes, she has a tourist visa. For being a TOURIST.

The visa cannot be used with intent to live and work in the US. What doesn't sound right here?

I guess what is confusing me is that the tourist visa was good for 10 years. We have 5 left. So we could legally life there for 5 years. It seems foolish to me that she would need to leave in order to apply.

[Just Paul 4,591]

3 minutes ago, Abe613 said:

So we could legally life there for 5 years

That is not how it works.   She may come and visit during those 5 remaining years.  When she enters the US She will be told each time how long she is allowed to say,  Crossing the border to Mexico or Canada is not going to reset that time. 

Edited May 13, 2019 by Paul & Mary

[SalishSea 16,770]

Just now, Abe613 said:

I guess what is confusing me is that the tourist visa was good for 10 years. We have 5 left. So we could legally life there for 5 years. It seems foolish to me that she would need to leave in order to apply.

INCORRECT.  The visa my be valid for 5 more years, but I guarantee that when you arrive, the CBP will stamp a MUCH SHORTER duration of stay in her passport.....like, MONTHS.  A tourist visa is not for living in the United States.

 

Has she ever travelled here on that visa?  Did you happen to notice that there is a date by which she was required to leave stamped in her passport?  It was certainly not 10 years.

 

Maybe it seems foolish, but there are no embassies in the United States.  All immigrant and non-immigrant visa interviews are done outside of the United States.  

[Abe613 0]

Ok, just want to thank everyone for your time in helping us. All the best.